{"id":12221,"date":"2018-07-25T19:41:55","date_gmt":"2018-07-25T19:41:55","guid":{"rendered":"http:\/\/legalblog.ie\/shipping-services\/"},"modified":"2022-09-25T17:34:37","modified_gmt":"2022-09-25T17:34:37","slug":"shipping-services","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/shipping-services\/","title":{"rendered":"Shipping Services [EU]"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Market_in_Sea_Transport\" title=\"Market in Sea Transport\">Market in Sea Transport<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Regulation_of_Transport_Services\" title=\"Regulation of Transport Services\">Regulation of Transport Services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Competition_Rules\" title=\"Competition Rules\">Competition Rules<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Freedom_to_provide_services_within_the_EU_ocean_trade\" title=\"Freedom to provide services within the EU (ocean trade)\">Freedom to provide services within the EU (ocean trade)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Scope\" title=\"Scope\">Scope<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Manning\" title=\"Manning\">Manning<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Public_service\" title=\"Public service\">Public service<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Safeguard_measures\" title=\"Safeguard measures\">Safeguard measures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Non-discrimination\" title=\"Non-discrimination\">Non-discrimination<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Timetable\" title=\"Timetable\">Timetable<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/shipping-services\/#References\" title=\"References\">References<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Sea_transport_%E2%80%94_supply_of_services_competition_unfair_pricing_and_access_to_ocean_trade\" title=\"Sea transport \u2014 supply of services, competition, unfair pricing and access to ocean trade\">Sea transport \u2014 supply of services, competition, unfair pricing and access to ocean trade<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Freedom_to_provide_services\" title=\"Freedom to provide services\">Freedom to provide services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Unfair_pricing_in_maritime_transport\" title=\"Unfair pricing in maritime transport\">Unfair pricing in maritime transport<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Context\" title=\"Context\">Context<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/shipping-services\/#MAIN_DOCUMENTS\" title=\"MAIN DOCUMENTS\">MAIN DOCUMENTS<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/shipping-services\/#The_supply_of_shipping_services\" title=\"The supply of shipping services\">The supply of shipping services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Key_Points\" title=\"Key Points\">Key Points<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/shipping-services\/#Context-2\" title=\"Context\">Context<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Market_in_Sea_Transport\"><\/span>Market in Sea Transport<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An EU regulation provides for freedom to supply services, competition and free access to the market in sea transport.\u00a0 A separate directive deals with the freedom to provide services in sea transport between states.\u00a0 EU nationals and non-EU companies registered in the EU and controlled by EU nationals have the right to carry passengers and goods by sea between any port in the EU and third country ports.\u00a0 National restrictions reserving rights to home registered ships must be phased out.<\/p>\n<p>An EU regulation grants freedom to provide maritime transport services within a state for EU ship owners and EU registered ships owned by EU nationals.\u00a0 The ships must comply with the conditions for carrying out cabotage within that state.<\/p>\n<p>Matters of manning are the responsibility of the state of registration or the state in which the cabotage service is performed.\u00a0 Depending on the nature of the particular service, states may make the right to provide transport services subject to public service obligations in the interest of maintaining adequate cabotage services between mainland and islands and between islands.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Regulation_of_Transport_Services\"><\/span>Regulation of Transport Services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>EU regulations provide for the common EU rules on maritime transport organisation to facilitate the provision of transport services between member states.\u00a0 Regulations give nationals of EU states and non-EU shipping entities using EU registered ships and controlled by EU nationals the right to undertake passenger and goods carriage between any port in the EU and any port or offshore installation in another EU state or in a third country.<\/p>\n<p>Rules which restrict such services to nationals or national registered ships were to be phased out in the 1980s.\u00a0 Similarly, bilateral agreements with third countries were to be adjusted or phased out.<\/p>\n<p>Arrangements for cargo sharing in future bilateral agreements with third states are limited to those cases states whose shipping companies would not otherwise have an opportunity to trade to and from the third state.<\/p>\n<p>The regulation provides a procedure for cases where EU shippers have no effective opportunity to trade to and from particular third-party states.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Competition_Rules\"><\/span>Competition Rules<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Further regulation, part of the same measures, provides rules for the application of competition rules \u00a0to the maritime transport sector.\u00a0 It does not apply to so-called tramp vessel services, which is the transport of goods without a regular timetable where freights are freely negotiated in accordance with the demand.\u00a0 \u00a0The rules apply between EU ports.<\/p>\n<p>Agreements with the sole objective of achieving technical improvements or co-operations are exempt, exempt subject to conditions. The exemptions do not apply in so far as they seek to<\/p>\n<ul>\n<li>coordinate timetables,<\/li>\n<li>determine the frequency of sailings,<\/li>\n<li>allocate sailing between members of a group of carriers who provide an international liner service between specified geographical limits<\/li>\n<li>agree to charge uniform or common freight rates and<\/li>\n<li>apply other agreed terms for the provision of liner services.<\/li>\n<\/ul>\n<p>A further regulation in 2003 provides for competition law to be enforced by the Commission, \u00a0and also on national competition authorities.<\/p>\n<p>A further part of the same measures allows the EU to provide compensatory duties to protect owners of ships within the EU from unfair pricing on the part of non-EU shippers. It provides for a system of complaints, consultation, and investigation.\u00a0 Ultimately compensatory duties may be imposed on foreign ship owners if it is shown that the unfair pricing has caused injury and the intervention is necessary in the interests of the EU.<\/p>\n<p>The last regulation in this package provides for where action by a third state or its agents restricts free access to the transport of liner cargoes, boat cargoes or other cargoes by EU shippers or ships registered in the EU. Coordinated action may be taken following a request by a state to the Commission.\u00a0 This may include diplomatic representations and countermeasures in relation to the shipping companies concerned.<\/p>\n<p>&nbsp;<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Freedom_to_provide_services_within_the_EU_ocean_trade\"><\/span>Freedom to provide services within the EU (ocean trade)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The aim of this Regulation is to eliminate restrictions on the freedom to provide maritime transport services within the European Union (EU).<\/p>\n<p>Council Regulation (EEC) No 3577\/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Scope\"><\/span>Scope<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>This law ensures that, within a given EU country, shipping companies or nationals based in other EU countries have the right to offer maritime transport services (known as maritime cabotage) provided they comply with all the conditions for carrying out cabotage within that country. Shipping companies based in countries outside the EU, but controlled by EU nationals, may also offer such services.<\/p>\n<p>The regulation defines \u2018maritime transport services within an EU country (maritime cabotage)\u2019, \u2018Community shipowners\u2019, \u2018public service contract\u2019, \u2018public service obligations\u2019, and \u2018serious disturbance of the internal transport market\u2019.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Manning\"><\/span>Manning<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Depending on the kind of transport service, matters relating to manning are the responsibility either of the EU country of registration (flag State) or of the country in which the cabotage service is performed (host State).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Public_service\"><\/span>Public service<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>EU countries may make the right to provide transport services subject to public service obligations or may conclude public service contracts in the interests of maintaining adequate cabotage services between the mainland and its islands and between the islands themselves.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Safeguard_measures\"><\/span>Safeguard measures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the market&#8217;s opening up to cabotage results in problems (such as the serious excess of supply over demand) that threaten the financial survival of shipping companies, the Commission may introduce safeguard measures. These may include the temporary exclusion of the area concerned from the scope of the regulation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Non-discrimination\"><\/span>Non-discrimination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Persons providing maritime transport services in an EU country other than their own may do so temporarily on the same terms as those applied by that country to its own nationals.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Timetable\"><\/span>Timetable<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Maritime cabotage was liberalised on 1 January 1993. For France, Italy, Greece, Portugal and Spain, mainland cabotage was gradually liberalised according to a specific timetable for each type of transport service. Mainland-island and inter-island cabotage for these countries was liberalised in 1999. This exemption was extended for Greece until 2004 for scheduled passenger and lighter services and services involving vessels of less than 650 gross tonnes (gt). Exemptions were granted to Croatia till 31 December 2016 for existing public service contracts and for cruise services between Croatian ports by ships smaller than 650 gt, which are reserved for Croatian ships till 31 December 2014.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"References\"><\/span>References<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Act<\/p>\n<p>Entry into force<\/p>\n<p>Deadline for transposition in the Member States<\/p>\n<p>Official Journal<\/p>\n<p>Regulation (EEC) No 3577\/92<\/p>\n<p>1.1.1993<\/p>\n<p>&#8211;<\/p>\n<p>L 364 of 12.12.1992<\/p>\n<p>Amending act<\/p>\n<p>Entry into force<\/p>\n<p>Deadline for transposition in the Member States<\/p>\n<p>Official Journal<\/p>\n<p>Act concerning the conditions of accession of Croatia<\/p>\n<p>1.7.2013<\/p>\n<p>&#8211;<\/p>\n<p>OJ L 112 of 24.4.2012<\/p>\n<p>RELATED ACTS<\/p>\n<p>Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the interpretation of Council Regulation (EEC) No 3577\/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) ( COM(2003) 595 final &#8211; Not published in the Official Journal).<\/p>\n<p>Decision 93\/125\/EEC on Spain&#8217;s request for adoption by the Commission of safeguard measures under Article 5 of Council Regulation (EEC) No 3577\/92 against applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) &#8211; (Official Journal L 49 of 27.02.1993).<\/p>\n<p>This Decision authorises Spain to exclude the Spanish mainland, for six months from the date of notification of this Decision, from the scope of Regulation (EEC) No 3577\/92. The exclusion does not apply to feeder services. If no Spanish vessel is available to meet the demand for cabotage transport services, other EU countries&#8217; vessels will be allowed to offer such services.<\/p>\n<p>Report from the Commission to the Council: Fifth report on the implementation of Council Regulation (EEC) No 3577\/92 applying the principle of freedom to provide services to maritime cabotage (2001-2010) (COM(2014) 231 final of 22.4.2014 &#8211; not published in the Official Journal).<\/p>\n<p>This report is divided into 4 chapters:<\/p>\n<p>1.<\/p>\n<p>Recent case-law and legislative developments in EU and EFTA countries;<\/p>\n<p>2.<\/p>\n<p>Market trends in EU and EFTA countries;<\/p>\n<p>3.<\/p>\n<p>The available data on employment in maritime cabotage (due to the lack of reliable and conclusive data this part no longer contains the statistics on the crew costs).<\/p>\n<p>4.<\/p>\n<p>Conclusion: the Regulation is fit for purpose and does not require revision. Some issues raised in the consultation suggest there are problems of interpretation and implementation. These have been addressed in the communication on maritime cabotage (see next entry).<\/p>\n<p>Communication from the Commission on the interpretation of Council Regulation (EEC) No 3577\/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) [ COM(2014) 232 final of 22.4.2014 &#8211; not published in the Official Journal].<\/p>\n<p>Drawing on over 20 years&#8217; experience of the practical application of Regulation (EEC) No 3577\/92, in the interests of transparency and legal certainty, the Commission has decided to update and amend its interpretation of the provisions of the Regulation.<\/p>\n<p>This Communication amends and replaces previous Commission&#8217;s interpretative communications of 2003 and 2006. It is for information purposes only, to help explain the Regulation and indicates how the Commission intends to apply the Regulation. It does not set out either to revise the Regulation or to encroach on the Court of Justice&#8217;s jurisdiction in matters of interpretation.<\/p>\n<p>It starts by specifying the scope of the freedom to provide services in the maritime cabotage sector. It indicates who enjoys that freedom and recalls which services the Regulation covers.<\/p>\n<p>It goes on to describe the extent of the three derogations to the freedom to provide services, as provided for in the regulation:<\/p>\n<p>\u2014<\/p>\n<p>EU countries can impose manning rules on board ships smaller than 650 gt and vessels performing island cabotage services between two ports on their territory.<br \/>\n\u2014<\/p>\n<p>EU countries may impose public service obligations and conclude public service contracts in order to ensure an adequate scheduled transport service to, from and between islands.<br \/>\n\u2014<\/p>\n<p>EU countries may ask the Commission to adopt safeguard measures to remedy a serious disturbance of the internal market.<br \/>\nLastly, it provides guidance on the application of Regulation (EC) No 1370\/2007 on public passenger transport services by rail and by road to maritime cabotage services.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sea_transport_%E2%80%94_supply_of_services_competition_unfair_pricing_and_access_to_ocean_trade\"><\/span>Sea transport \u2014 supply of services, competition, unfair pricing and access to ocean trade<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Regulation (EEC) No 4055\/86 applying the principle of freedom to provide services to maritime transport between EU countries and with non-EU countries<br \/>\nRegulation (EEC) No 4057\/86 on unfair pricing practices in maritime transport<br \/>\nRegulation (EEC) No 4058\/86 on coordinated action to safeguard free access to cargoes in ocean trades<br \/>\nRegulation (EC) No 1\/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty<br \/>\nRegulation (EC) No 246\/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)<br \/>\nRegulation (EC) No 906\/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)<br \/>\nThey aim to organise maritime transport in accordance with the basic principles of EU law to provide services, competition, and free access to the market in sea transport.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Freedom_to_provide_services\"><\/span>Freedom to provide services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Regulation No 4055\/86:<\/p>\n<p>grants EU-country nationals (and non-EU shipping companies using ships registered in an EU country and controlled by EU nationals) the right to carry passengers or goods by sea between any port of an EU country and any port or offshore installation of another EU country or of a non-EU country;<br \/>\nrequires any national restrictions which reserve the carriage of goods to vessels flying the national flag to be phased out or adjusted, and prevents the introduction of new restrictions;<br \/>\nsets out a procedure for cases where EU-country shipping companies have no effective opportunity to carry goods to and from a particular non-EU country;<br \/>\nextends the benefits of the regulation to non-EU nationals established in the EU.<br \/>\nRegulation No 3577\/92\/EEC deals specifically with freedom to provide services in sea transport within EU countries (\u2018maritime cabotage\u2019*).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Unfair_pricing_in_maritime_transport\"><\/span>Unfair pricing in maritime transport<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Regulation No 4057\/86:<\/p>\n<p>authorises the EU to apply redressive duties in order to protect shipowners in EU countries from unfair pricing practices on the part of non-EU shipowners. These redressive duties can be imposed after an investigation which demonstrates that injury has been caused by unfair pricing and that the interests of the EU make intervention necessary;<br \/>\nconcerning the examination of injury, lays down the appropriate factors or indicators to be taken into consideration, e.g. a reduction in the shipowner\u2019s market share or profits, or the effect on employment;<br \/>\nlays down a procedure for complaints, consultations and subsequent investigations.<br \/>\nFree access to ocean trades<\/p>\n<p>Regulation No 4058\/86:<\/p>\n<p>applies when action by a non-EU country or by its agents restricts free access to the transport of liner cargoes, bulk cargoes or other cargoes by shipping companies of EU countries or by ships registered in an EU country (except where such action is taken in conformity with the United Nations liner code);<br \/>\nallows for coordinated action by the EU following a request made by an EU country to the European Commission. Such action might include diplomatic representation to non-EU countries and countermeasures directed at the shipping companies concerned;<br \/>\npermits similar coordinated action to be taken at the request of another country belonging to the Organisation for Economic Cooperation and Development with which a reciprocal arrangement has been concluded.<br \/>\nCompetition rules<\/p>\n<p>General EU competition laws laid down in Regulation (EC) No 1\/2003 also apply to the EU maritime transport sector. However, in accordance with Council Regulation (EC) No 246\/2009, the Commission may make exceptions for certain types of cooperation between liner shipping* companies (consortia*). The Commission accordingly adopted Regulation (EC) No 906\/2009, which allows these exceptions, and extended it until 25 April 2020 by Regulation (EU) No 697\/2014.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Context\"><\/span>Context<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>&nbsp;<\/p>\n<p>Council Regulation (EEC) No 4055\/86 has applied since 1 January 1987.<br \/>\nCouncil Regulations (EEC) No 4057\/86 and 4058\/86 have applied since 1 July 1987.<br \/>\nCouncil Regulation (EC) No 1\/2003 has applied since 1 May 2004.<br \/>\nCouncil Regulation (EC) No 246\/2009 has applied since 14 April 2009.<br \/>\nCommission Regulation (EC) No 906\/2009 has applied since 26 April 2010.<br \/>\nBACKGROUND<\/p>\n<p>For more information, see:<\/p>\n<p>\u2018Internal market \u2014 Free access to ocean trade\u2019 on the European Commission&#8217;s website<br \/>\nKEY TERMS<\/p>\n<p>Cabotage: where a company which transports goods, registered in one EU country, carries out national transport in another EU country.<\/p>\n<p>Liner shipping: regular transport of goods on a particular route or routes between ports, at previously advertised dates and times, and available to any paying transport user, even if on an occasional basis.<\/p>\n<p>Consortia: agreements (or sets of agreements) between 2 or more shipping carriers which provide international liner shipping services solely for carrying cargo relating to one or more trades. Their purpose is to provide a joint maritime transport service which is better than the service that each of its members could have offered individually (i.e. without the consortium).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"MAIN_DOCUMENTS\"><\/span>MAIN DOCUMENTS<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Council Regulation (EEC) No 4055\/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (OJ L 378, 31.12.1986, pp. 1\u20133)<\/p>\n<p>Successive amendments to Regulation (EEC) No 4055\/86 have been incorporated in to the original document. This consolidated version is of documentary value only.<\/p>\n<p>Council Regulation (EEC) No 4057\/86 of 22 December 1986 on unfair pricing practices in maritime transport (OJ L 378, 31.12.1986, pp. 14\u201320)<\/p>\n<p>Council Regulation (EEC) No 4058\/86 of 22 December 1986 concerning coordinated action to safeguard free access to cargoes in ocean trades (OJ L 378, 31.12.1986, pp. 21\u201323)<\/p>\n<p>Council Regulation (EC) No 1\/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, pp. 1\u201325)<\/p>\n<p>See consolidated version.<\/p>\n<p>Council Regulation (EC) No 246\/2009 of 26 February 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) (Codified version) (OJ L 79, 25.3.2009, pp. 1-4)<\/p>\n<p>Commission Regulation (EC) No 906\/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) (OJ L 256, 29.9.2009, pp. 31\u201334)<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_supply_of_shipping_services\"><\/span>The supply of shipping services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The freedom to provide services is one of the European Union\u2019s basic principles. However, the maritime transport sector sometimes finds that non-EU countries impose restrictions and conditions, such as cargo-sharing. These substantially increase transport costs and can damage overall EU trade.<\/p>\n<p>It confirms that the freedom to provide services applies to maritime transport within the European Union and between EU and non-EU countries. It sets out the conditions under which this principle applies. It gradually abolishes earlier restrictions and prevents new ones being introduced.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Key_Points\"><\/span>Key Points<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>\u2014EU maritime transport companies may carry passengers or freight to any port or off-shore installation (such as oil or gas platforms) within or outside the EU.<br \/>\n\u2014\u00a0The same right applies to companies based outside the EU provided they are owned by an EU national and registered in the EU.<br \/>\n\u2014\u00a0Unilateral national restrictions in force before 1 July 1986 were to be phased out between 31 December 1989 and 1 January 1993.<br \/>\n\u2014\u00a0Cargo-sharing arrangements in bilateral agreements between EU and non-EU countries must be phased out or readjusted.<br \/>\nEU governments had to report to the European Commission initially every 6 months and later on an annual basis on the changes being introduced to earlier agreements.<br \/>\n\u2014<\/p>\n<p>An EU country having problems in adjusting an existing agreement must inform the Council of Ministers and the Commission.<br \/>\n\u2014<\/p>\n<p>Cargo-sharing arrangements in any future agreements with non-EU countries are not allowed unless, in exceptional circumstances, not having these arrangements would prevent an EU company from plying for the trade.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Context-2\"><\/span>Context<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>1 January 1987.<\/p>\n<p>Internal market &#8211; free access to ocean trade<\/p>\n<p>ACT<\/p>\n<p>Council Regulation (EEC) No 4055\/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries<\/p>\n<p>REFERENCES<\/p>\n<p>Act<\/p>\n<p>Entry into force<\/p>\n<p>Deadline for transposition in the Member States<\/p>\n<p>Official Journal<\/p>\n<p>Regulation (EEC) No 4055\/86<\/p>\n<p>1.1.1987<\/p>\n<p>&#8211;<\/p>\n<p>OJ L 378, 31.12.1986, pp. 1-3<\/p>\n<p>Amending act(s)<\/p>\n<p>Entry into force<\/p>\n<p>Deadline for transposition in the Member States<\/p>\n<p>Official Journal<\/p>\n<p>Regulation (EEC) No 3573\/90<\/p>\n<p>17.12.1990<\/p>\n<p>&#8211;<\/p>\n<p>OJ L 353, 17.12.1990, p. 16<\/p>\n<p>RELATED ACTS<\/p>\n<p>Council Regulation (EEC) No 4058\/86 of 22 December 1986 concerning coordinated action to safeguard free access to cargoes in ocean trades (OJ L 378, 31.12.1986, pp. 21-23)<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12221\" data-postid=\"12221\" class=\"themify_builder_content themify_builder_content-12221 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->","protected":false},"excerpt":{"rendered":"<p>Market in Sea Transport An EU regulation provides for freedom to supply services, competition and free access to the market in sea transport.\u00a0 A separate directive deals with the freedom to provide services in sea transport between states.\u00a0 EU nationals and non-EU companies registered in the EU and controlled by EU nationals have the right [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[116,127],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12221"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=12221"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12221\/revisions"}],"predecessor-version":[{"id":18698,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12221\/revisions\/18698"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12221"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12221"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12221"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}