EU Takes Sweden to Court Over Maritime Security Breach

European Commission

Today, the European Commission decided to refer Sweden to the Court of Justice of the European Union for failing to remedy an infringement in relation to the EU's legal framework on maritime security ( Regulation (EC) No 725/2004 , Directive 2005/65/EC and Commission Regulation (EC) 324/2008 ).

The legal framework sets security requirements for ships, ports as well as port facilities, and lays out procedures for maritime security inspections. These measures are important to bolster the security of ports against threats of intentional unlawful acts, and to improve the resilience of the EU's critical infrastructure. The Commission considers that Sweden is not effectively carrying out the administrative and control tasks required for the effective implementation of these maritime security rules, which can put maritime security in the EU at risk.

The European Commission sent Sweden a letter of formal notice in February 2023, followed by a reasoned opinion in April 2024. Sweden has failed to resolve the identified deficiencies, nor achieved noticeable progress in resolving them. The Commission considers that the efforts to take necessary measures by the national authorities have, to date, been insufficient and is therefore referring Sweden to the Court of Justice of the European Union.

Background

The main objective of the EU's legal framework on maritime security is to implement measures aimed at enhancing the security of ships used in international trade and domestic shipping, as well as the security of ports and associated port facilities in the face of security threats, such as damage to, or destruction of, port facilities or ships, hijacking or seizure of ships, kidnapping of crew members and passengers on board, or smuggling of weapons and ship equipment.

It also lays down procedures for conducting Commission inspections to monitor the application of EU security rules and it specifies the role, tasks, and deadlines assigned to Member States on cooperation, conduct and follow up of the Commission's maritime security inspections.

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