Marseille: The European Commission sent a reasoned opinion on 1 October 2026 to Italy, France and Spain over port towing flag rules that reserve certain harbour work for vessels flying the national flag. The three governments have two months to respond and bring their laws into line with EU law.
The port towing flag rules cover towing and mooring, the services that tugs and boats supply when ships enter and leave a port. All three countries require the vessels that carry out these operations in their national ports to fly their own flag. The Commission sees that requirement as a restriction on market access and on the freedom of establishment, and as a breach of the EU Regulation on Port Services, Regulation (EU) 2017/352.
The reasoned opinion escalates a case that began with letters of formal notice in January 2026. A reasoned opinion is the second formal stage of an infringement procedure, and it sets out in detail why the Commission thinks the law is broken. If the three governments do not comply within two months, the Commission may refer them to the Court of Justice of the European Union.
The Commission does not dispute that governments can protect workers and the environment in their ports. It points out that member states can already enforce social and labour standards through inspections, whatever flag a vessel carries. If a government still wants a flag condition, the Commission says it must cover the flag of any EU member state and not only the national one.
That distinction matters for shipping companies, because port towing flag rules shut out operators registered in other member states, even when their vessels meet every safety and labour requirement. Opening those markets would give port authorities and shipping lines more choice, and it could push down the cost of services that every ship pays for on arrival.
The port towing flag rules also touch the logic of the single market for maritime services. The Port Services Regulation, adopted in 2017, was designed to improve the quality of port services and to give operators clearer access to them. A national flag requirement works in the opposite direction, because it protects domestic fleets from competition inside the Union.
The port towing flag rules apply in harbours that rank among the busiest in the Mediterranean and along the Atlantic coast, so any change would reach a large share of European sea traffic. The governments have not yet published their replies, and the Commission will assess them once the deadline passes in early December 2026.
The outcome will show how firmly the Commission intends to police the Port Services Regulation. If the three governments amend their laws, the case ends without a court hearing. If they hold their ground, port towing flag rules could become a test case before the Court of Justice.
