EC has decided to refer Germany to the EU Court of Justice

25 September 2015

The European Commission has decided to refer Germany to the Court of Justice of the European Union (CJEU) for failure to fully applyDirective 2005/65/EC on enhancing port security in the Land of North Rhine-Westphalia.

The German authorities have launched an action plan in order to fully implement the obligations provided in this Directive in the land of North Rhine-Westphalia. However, up to now, the draft amendment of the law on port security has not yet been adopted by the North Rhine-Westphalian Parliament.

The deadline for the implementation of the Directive was 15 June 2007. The Commission had already urged Germany to adequately fulfil its obligations regarding the port security assessments and plans in the North Rhine-Westphalia ports by sending a reasoned opinion in September 2014. As no such result has been achieved, the Commission is now taking this case to the Court of Justice of the EU.


Background
The main objective of European port security policy is to provide protection for ships and port facilities, as part of the maritime link in the transport logistics chain, against the risk of attacks and terrorism. The Directive on enhancing port security aims to guarantee high levels of security in all European ports, in particular by implementing a port security plan laying down provisions for ensuring port security.

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