EC shipping law

목차 (Table of Contents)

• CONTENTS
• Outline Table of Contents = ⅴ
• Table of Cases = xlvii
• Table of Legislation, etc. = lvii
• Table of Decisions = lxix
• Table of Reports and Publications = lxxi
• Table of Abbreviations = lxxiii
• Bibliography = lxxvii
• CHAPTER 1 INTRODUCTION
• A. This Book
• Purpose of this book = 1.001
• B. The European Community
• The European Community = 1.002
• Evolution = 1.003
• The EU is the world's largest trading bloc = 1.005
• Population = 1.006
• The Internal Market Programme = 1.007
• Transport in the EU = 1.008
• Future of the EU = 1.009
• C. Shipping in the EU
• EU Shipping policy = 1.010
• Strategic significance of shipping for the EU = 1.011
• Shipping has an important role in the EU's internal market = 1.012
• Shipping is an important employer in the EU = 1.013
• Shipping is an important earner of foreign currency = 1.014
• Open／non-protectionist policy = 1.015
• Internal balances = 1.016
• Social dimension to EU shipping policy = 1.017
• Environmental dimension to EU shipping policy = 1.018
• Competition dimension to EU shipping policy = 1.019
• EU shipping policy and its relationship to the international obligations of the Member States = 1.020
• Staggered or strategic development of EU shipping policy? = 1.021
• Is there a comprehensive Community shipping policy? = 1.022
• EC shipping law or EU shipping law? = 1.023
• D. International Organisations and Shipping
• Introduction = 1.024
• United Nations (UN) = 1.025
• The Intergovernmental Maritime Consultative Organisation (IMCO) and the International Maritime Organisation (IMO) = 1.026
• Introduction = 1.026
• Intergovernmental Maritime Consultative Organisation = 1.027
• International Maritime Organisation = 1.028
• International Labour Organisation (ILO) = 1.029
• Introduction = 1.029
• Organic and organisational structure = 1.030
• Activities = 1.031
• Relations with the EC = 1.032
• United Nations Conference on Trade and Development (UNCTAD) = 1.033
• United Nations Commission on International Trade Law (UNCITRAL) = 1.034
• Economic Commission for Europe (ECE) = 1.035
• United Nations Environment Programme (UNEP) = 1.036
• Introduction = 1.036
• Organisation = 1.037
• Activities = 1.038
• International Maritime Satellite Organisation (INMARSAT) = 1.039
• Membership = 1.040
• Organic structure and operation = 1.041
• Assessment = 1.042
• United Nations Educational, Scientific and Cultural Organisation (UNESCO) = 1.043
• World Health Organisation (WHO) = 1.044
• International Atomic Energy Agency (IAEA) = 1.045
• Organisation for Economic Co-operation and Development (OECD) = 1.046
• Customs Co-operation Council = 1.047
• Consultative Shipping Group = 1.048
• General Agreement on Tariffs and Trade (GA'1T) World Trade Organisation (WTO)／General Agreement on Trade in Services (GATS) = 1.049
• Ministerial Conference of West and Central African States (MINCONMAR) = 1.050
• European Free Trade Association (EFTA) = 1.051
• International Non-Governmental Organisations = 1.052
• Assessment = 1.053
• E. Outline of this book = 1.054
• CHAPTER 2 A COMMERCIAL OVERVIEW OF SHIPPING IN THE EU
• A. Introduction = 2.001
• B. State of Shipping in the EU
• Introduction = 2.002
• Tonnage = 2.004
• Tonnage owned and registered in the EC = 2.004
• Tonnage beneficially owned in the EC but registered outside the EC = 2.005
• Age profile = 2.006
• Market sectors
• Passengers = 2.007
• Oil tankers = 2.010
• Ore and bulk carriers = 2.011
• Containers = 2.012
• Liquid gas carriers = 2.013
• Combination carriers = 2.014
• Assessment = 2.015
• Employment = 2.016
• Merchant marine = 2.017
• Shipbuilding = 2.018
• Technology = 2.019
• Taxation = 2.020
• Protectionism = 2.021
• Flagging-out = 2.022
• The future = 2.023
• C. An Overview of Shipping in Each Member State
• Introduction = 2.024
• Attitudes and policies of Member States = 2.025
• Belgium = 2.026
• Introduction = 2.026
• Number of ships = 2.027
• Tonnage = 2.028
• Age profile = 2.029
• Employment = 2.030
• General comments = 2.031
• Denmark = 2.032
• Number of ships = 2.032
• Tonnage = 2.033
• Age profile = 2.034
• Employment = 2.035
• General comments = 2.036
• Finland = 2.037
• Number of ships = 2.037
• Tonnage = 2.037.1
• Age profile 2.037.2
• Fleet profile 2.037.3
• France = 2.038
• Number of ships = 2.038
• Tonnage = 2.039
• Age profile = 2.040
• Employment = 2.041
• General comments = 2.042
• Germany = 2.043
• Number of ships = 2.044
• Tonnage = 2.045
• Age profile = 2.046
• Employment = 2.047
• General comments = 2.048
• Greece = 2.049
• Introduction = 2.049
• Number of ships = 2.050
• Tonnage = 2.051
• Age profile = 2.052
• Employment = 2.053
• General comments = 2.054
• Ireland = 2.055
• Introduction = 2.055
• Number of Ships = 2.056
• Tonnage = 2.057
• Age profile = 2.058
• General comments = 2.059
• Italy = 2.060
• Introduction = 2.060
• Number of ships = 2.061
• Tonnage = 2.062
• Age profile = 2.063
• General comments = 2.064
• Luxembourg = 2.065
• The Netherlands = 2.066
• Introduction = 2.066
• Number of ships = 2.067
• Tonnage = 2.068
• Age profile = 2.069
• Employment = 2.070
• General comments = 2.071
• Portugal = 2.072
• Introduction = 2.072
• Number of ships = 2.073
• Tonnage = 2.074
• Age profile = 2.075
• Employment = 2.076
• General comments = 2.077
• Spain = 2.078
• Introduction = 2.078
• Number of ships = 2.079
• Tonnage = 2.080
• Age profile = 2.081
• Employment = 2.082
• General comments = 2.083
• Sweden = 2.084
• Introduction = 2.084
• Tonnage = 2.084.1
• Age = 2.084.2
• Fleet profile = 2.084.3
• United Kingdom = 2.085
• Number of ships = 2.085
• Tonnage = 2.086
• Age profile = 2.087
• Employment = 2.088
• General comments = 2.089
• D. EC in the shipping world
• Introduction = 2.090
• United States of America = 2.091
• The former USSR = 2.092
• China = 2.093
• Hong Kong = 2.094
• Norway = 2.095
• Developing Countries = 2.096
• Open registries = 2.097
• Offshore registries = 2.098
• Bahamas = 2.099
• Cyprus = 2.100
• E. Conclusion = 2.101
• CHAPTER 3 THE EUROPEAN COMMUNITY
• A. Introduction = 3.001
• B. The European Union
• Introduction = 3.003
• European Coal and Steel Community (ECSC) = 3.004
• European Atomic Energy Community (EURATOM) = 3.005
• European Economic Community (EC) = 3.006
• C. History of the Community
• European integration = 3.008
• Marshall Aid, the OEEC and the UN Economic Commission for Europe = 3.009
• Congress of Europe = 3.010
• Benelux Union = 3.011
• Council of Europe = 3.012
• NATO = 3.013
• Schumann Declaration = 3.014
• The European Coal and Steel Community (ECSC) = 3.015
• The EEC and Euratom = 3.016
• European Defence Treaty = 3.017
• European Free Trade Association = 3.018
• Britain's position = 3.019
• Institutions : Merger Treaty = 3.020
• Customs Union = 3.021
• Accessions = 3.022
• Tindemans Report = 3.023
• European Monetary System = 3.024
• Direct elections to the European Parliament = 3.025
• Internal Market White Paper = 3.026
• Single European Act = 3.027
• Eastern Europe = 3.028
• Internal Market = 3.029
• Maastricht = 3.030
• EMU = 3.031
• Outlook = 3.032
• D. Organic Structure of the European Community
• Introduction = 3.033
• Commission = 3.035
• Introduction = 3.035
• Composition = 3.036
• Functions = 3.037
• Operation = 3.038
• DG Ⅳ : Competition = 3.039
• DG Ⅶ : Transport = 3.040
• Council of Ministers = 3.041
• Introduction = 3.041
• Composition = 3.042
• Functions = 3.043
• Operation and voting = 3.044
• COREPER = 3.045
• General Secretariat of the Council of Ministers = 3.046
• European Council = 3.047
• Introduction = 3.047
• Origin = 3.048
• Role = 3.049
• European Parliament = 3.050
• Introduction = 3.050
• Seat = 3.051
• Members = 3.052
• Tenure = 3.053
• Election = 3.054
• Operation = 3.055
• Functions = 3.056
• Future = 3.057
• The European Court of Justice and the Court of First Instance = 3.058
• Introduction = 3.058
• Functions = 3.059
• Personnel = 3.060
• Operation of the Court = 3.066
• Procedure = 3.071
• Jurisdiction = 3.075
• Bodies = 3.085
• Economic and Social Committee = 3.085
• European Investment Bank = 3.086
• Court of Auditors = 3.087
• E. Community Law
• Introduction = 3.088
• Sources of community law = 3.089
• Primary law = 3.089
• Secondary law = 3.098
• Direct effect and direct applicability = 3.109
• Publication of Community law = 3.110
• Relationship between Community law and national laws = 3.111
• Interpretation of Community law = 3.112
• Fundamental principles of EC law = 3.113
• Non-discrimination between EC nationals on the basis of nationality = 3.113
• Proportionality = 3.114
• Legitimate expectation = 3.115
• Enforcement of EC law in the courts of Member States = 3.116
• Challenging the legality of Community measures = 3.117
• Passing on = 3.118
• Prospective overruling = 3.119
• CHAPTER 4 EC TRANSPORT LAW
• A. Introduction
• Importance of transport in the EC = 4.002
• Need to achieve a common transport policy = 4.003
• Failure to achieve a common transport policy = 4.004
• Legal bases of EC transport law = 4.005
• Adoption and administration of EC transport law = 4.006
• B. Position of transport in the EC Treaties
• ECSC Treaty = 4.008
• Introduction = 4.008
• Article 4 of the ECSC Treaty = 4.009
• Article 70 of the ECSE Treaty = 4.010
• EEC Treaty = 4.011
• Introduction = 4.011
• Article 3 of EC Treaty = 4.012
• Article 61 = 4.014
• Article 74 = 4.016
• Article 75 = 4.018
• Article 76 = 4.020
• Article 77 = 4.022
• Article 78 = 4.024
• Article 79 = 4.026
• Article 80 of the EC Treaty = 4.028
• Article 81 of the EC Treaty = 4.030
• Article 82 of the EC Treaty = 4.032
• Article 83 of the EC Treaty = 4.034
• Article 84 of the EC Treaty = 4.036
• C. Transport Sectors
• Road transport = 4.039
• Introduction = 4.039
• 1962 Directive = 4.040
• Directive 65／269 = 4.041
• Regulation 117／66 = 4.042
• Regulation 1018／68 = 4.043
• Regulation 543／69 = 4.044
• Regulation 516／72 = 4.045
• Regulation 517／72 = 4.046
• 1972 ASOR = 4.047
• Directive 74／561 = 4.048
• Directive 74／562 = 4.049
• Directive 76／914 = 4.050
• Regulation 3237／76 = 4.051
• 1978 Customs Convention = 4.052
• Decision of 25 June 1979 = 4.053
• 1981 TIR Convention = 4.054
• ASOR Agreement = 4.055
• Directive 83／463 = 4.056
• Directive 84／647 = 4.057
• Regulation 3690／86 = 4.058
• Regulation 1841／88 = 4.059
• Regulation 4059／89 = 4.060
• Regulation 4060／89 = 4.061
• Regulation 3916／90 = 4.062
• Regulation 2454／92 = 4.063
• Rail transport = 4.064
• Introduction = 4.064
• Regulation 1192／69 = 4.065
• 1970 Resolution = 4.066
• Decision 75／327 = 4.067
• Regulation 2830／77 = 4.068
• Regulation 2183／78 = 4.069
• Directive 80／1177 = 4.070
• 1981 Resolution = 4.071
• Decision 82／529 = 4.072
• Decision 83／418 = 4.073
• 1984 Recommendation = 4.074
• 1991 Package of Measures = 4.075
• Directive 95／18 = 4.076
• Air transport = 4.077
• Introduction = 4.077
• A review of the measures adopted in the field of air transport = 4.078
• Subsequent measures = 4.016
• Conclusion = 4.107
• Inland waterway = 4.108
• Recommendation 335／68 = 4.109
• Regulation 281／71 = 4.110
• Directive 80／1119 = 4.111
• Regulation 1101／89 = 4.112
• Regulation 4060／89 = 4.113
• D. General Matters
• Transport committees = 4.114
• Competition = 4.115
• Regulation 11／60 = 4.116
• Regulation 141／62 = 4.117
• Decision 65／271 = 4.118
• Regulation 1017／68 = 4.119
• Regulation 1629／69 = 4.120
• Regulation 1630／69 = 4.121
• Regulation 1107／70 = 4.122
• Regulation 2988／74 = 4.123
• Infrastructure = 4.124
• 1964 Decision = 4.124
• Regulation 1108／70 = 4.125
• Decision 78／174 = 4.126
• Regulation 3600／82 = 4.127
• Decision 84'S 19 = 4.128
• Decision 84／520 = 4.129
• Regulation 4059／86 = 4.130
• Regulation 4070／87 = 4.131
• Regulation 4048／88 = 4.131.1
• Regulation 3359／90 = 4.132
• Decision 1692／96 = 4.132.1
• Inspection of goods = 4.133
• Summertime arrangements = 4.134
• Public Service = 4.135
• Regulation 1191／69 = 4.135
• Passenger and luggage traffic = 4.136
• Prior examination and consultation in transport matters = 4.137
• External relations = 4.138
• General measures = 4.139
• Temporary importation = 4.140
• Regulation 2249／91 = 4.140
• Statistics = 4.141
• Directive 78／546 = 4.141
• Pool containers = 4.141.1
• E. Conclusion = 4.142
• CHAPTER 5 HISTORICAL OVERVIEW OF EC SHIPPING LAW
• A. Introduction = 5.001
• B. The foundation Treaties = 5.003
• C. The 1960s
• 1960 : Memorandum from the Commission to the Council = 5.006
• 1961 : Memorandum on the Basic Approach to be Adopted in the Common Transport Policy = 5.007
• 1962 : Action Programme for a Common Transport Policy = 5.008
• 1962 : Regulations on competition and shipping = 5.009
• D. The 1970s
• Introduction = 5.010
• Bodson's proposals = 5.011
• The 1973 enlargement of the EC = 5.012
• Commissions Communication to Council on 25 October 1973 = 5.013
• ECSC = 5.014
• 1973 : Oil crisis = 5.015
• 1973 : French Seamen's Case = 5.016
• 1974 : Ports = 5.017
• 1975 : French initiative = 5.018
• Non-Member States = 5.019
• Code of Conduct for Liner Conferences = 5.020
• 1976 : Interim Report drawn up on behalf of the European Parliament's Committee on Economic and Monetary Affairs on the Community Shipping Industry = 5.021
• 1977 : Interim Report drawn up on behalf of the Committee on Regional Policy, Regional Planning and Transport on the Sea Transport Problems in the Community = 5.022
• 1977 : Consultation procedure : Decision 77／587 = 5.023
• 1978 : Decision on Relations with State Trading Countries : Decision 78／774 = 5.024
• Tanker disasters : safety responses = 5.025
• 1978 : Ship's inspection proposals = 5.026
• 1978 : Collection of Information Decision = 5.027
• 1978 : Decision in respect of liner trades between the EC and East Africa／Central America = 5.028
• 1978 : Pilotage = 5.029
• 1979 : Ratification of the UN Code of Conduct for Liner Conferences = 5.030
• 1979 : Parliamentary Resolution on Shipping Accidents = 5.031
• 1979 : Parliamentary Resolution on the Community's Relations with the Comecon States in Maritime Shipping = 5.032
• 1979 : Economic and Social Committee Opinion on Flags of Convenience = 5.033
• 1979 : International Convention for Safe Containers = 5.034
• Shipping crisis = 5.035
• E. The 1980s
• Shipping crisis as well as port distortions = 5.036
• 1980 : Draft for a Council Resolution Concerning Priorities and the Timetable for Deci-sions to be taken by the Council in the Transport Sector during the Period up to the End of 1983 = 5037
• 1980 : Extension of the 1978 Collection of Information Decision = 5.038
• 1980 : Recommendation on the Torremolinos International Convention for the Safety of Fishing Vessels = 5.039
• 1980 : Proposal on Port Control of Pollution = 5.040
• 1980 : Parliamentary resolutions on oil pollution = 5.041
• 1981 : Accession to the EC of Greece = 5.042
• 1981 : Council Resolution on its Priorities in the Transport Sector up to 1983 = 5.043
• 1981 : Decision extending the Collection of Information Regime in respect of the Far East = 5.044
• 1981 : Netherlands and the Liner Conference Code = 5.044.1
• 1981 : Tankers entering into German ports = 5.044.2
• 1981 : Proposal on Competition Rules and Shipping = 5.045
• 1981 : Proposals on Concerted Research on Shore-Based Maritime Navigation Aid Systems = 5.046
• 1982 : Extension of the Collection of Information systems = 5.047
• 1982 : Memorandum of Understanding on Port-State Control = 5.048
• 1983 : Economic and Social Committee Opinion on the Commission's proposal on the application of Articles 85 and 86 to shipping = 5.049
• 1983 : Recommendation on SAR = 5.050
• 1983 : Countermeasures Decision = 5.051
• 1983 : Parliament's case against the Commission for failure to elaborate proposals in the area of transport = 5.052
• 1984 : Commission Memorandum on Maritime Transport = 5.053
• 1985 : Progress Towards a Common Maritime Policy : Commission Communication = 5.054
• Analysis of the market = 5.055
• Proposals = 5.056
• Economic and Social Committee's Opinion = 5.065
• The 1986 Package = 5.066
• Regulation 4055／86 = 5.067
• Regulation 4056／86 = 5.068
• Regulation 4057／86 = 5.069
• Regulation 4058／86 = 5.070
• Statements = 5.071
• Assessment of the 1986 Package = 5.075
• The Single European Act = 5.077
• 1987 : Antwerp Meeting = 5.078
• 1987 : Joint Committee on Maritime Transport = 5.079
• 1987 : Italy／Algeria = 5.080
• 1987 : Commission Decision 87／359 on Spanish Nationals = 5.081
• 1988 : Shipbuilding talks with Japan = 5.082
• 1988 : Commission Proposal on the Minimum Health and Safety Requirements for Improved Medical Treatment on Board Vessels = 5.083
• 1988 : Competition procedures = 5.084
• 1988 : Commission Programme = 5.085
• Proposal for a Council Regulation establishing a Community Ship Register and Providing for the Flying of the Community Flag by Sea-Going Vessels = 5.087
• Proposal for a Commission Recommendation on Improving the Effectiveness of Port State Control in the Community = 5.088
• Proposal for a Council of Ministers Regulation providing for a Common Definition of a Community Shipowner = 5.089
• Proposal for a Council of Ministers Regulation applying the Principle of Freedom to Provide Services to Maritime Transport within Member States ("Cabotage") = 5.090
• 1990 : Proposal for a Council Regulation regarding the Transfer of Ships from one Register to another within the Community = 5.091
• Financial and fiscal measures = 5.092
• F. The J99Os
• June 1990 Resolution on Passenger Ferry Safety = 5.093
• 1990 : Proposal for a Council of Ministers Regulation to grant a Block Exemption for Consortia = 5.094
• 1991 : Permanent Dialogue on the Maritime Industry = 5.095
• 1991 : Transfer of ships between EU Registers = 5.096
• 1992 : Establishment of the Maritime Industries Forum = 5.097
• Radionavigation systems = 5.097.1
• 1992 : Council of Ministers enable Consortia Block Exemption to be adopted = 5.098
• 1992 : Medical Treatment on Board Vessels = 5.099
• Maritime Industries Communication = 5.099.1
• 1992 : Cabotage regime enacted = 5.100
• 1993 : Spanish rerogation to cabotage regime = 5.101
• Safe Seas = 5.102
• 1993 : Safety Conventions = 5.103
• 1993 : Dangerous or Polluting Goods = 5.104
• 1993 : Shipbuilding Directive Extended = 5.105
• 1994 : Commission v. French Republic = 5.105.l
• 1994 : Ships Inspection／Classification Societies = 5.106
• 1994 : Seafarers' Training = 5.107
• 1994 : Global Navigation System = 5.108
• 1995 : Commission Regulation on application of Article 85(3) to consortia = 5.108.
• 1995 : Port State Control = 5.109
• 1995 : Short Sea Shipping Communication = 5.110
• Council Regulation 3051／95 on the safety management of roll-on／roll-off passenger ferries (ro-ro ferries) = 5.111
• 1995 : Statistical Return on Passenger and Goods = 5.112
• 1996 : Short Sea Shipping Resolution = 5.113
• 1996 : Commission Communication : "Towards a New Maritime Strategy" = 5.114
• 1997 : Commission Communication : "External Relations in the Field of Maritime Transport" = 5.115
• 1997 : Council Resolution on a New Strategy to Increase the Competitiveness of Community Shipping = 5.116
• 1990s Generally = 5.117
• CHAPTER 6 ESTABLISHMENT AND REGISTRATION
• A. Right of establishment
• Concept of right of establishment = 6.003
• General rule on freedom of establishment = 6.004
• Prohibition of new restrictions = 6.005
• Implementation of the Treaty provisions on establishment = 6.006
• Mutual recognition of diplomas, certificates and qualifications = 6.007
• Exceptions to the freedom of establishment = 6.008
• Exception 1 : Exercise of official authority = 6.008
• Exception 2 : Public policy = 6.009
• Exception 3 : Public security = 6.010
• Exception 4 : Public health = 6.011
• B. Registration
• Introduction = 6.012
• Traditional home registries = 6.013
• Traditional open registries = 6.014
• Offshore registries = 6.015
• International registries = 6.016
• International law on registration = 6.017
• Geneva Convention on the High Seas 1958 = 6.018
• United Nations Convention on the Law of the Sea 1982 = 6.019
• United Nations Convention on the Registration of Ships 1986 = 6.020
• C. EC Perspective on registration
• Introduction = 6.022
• EC reaction to the UN Convention on the Registration of Ships 1986 = 6.023
• Commission's Communication = 6.023
• Commission's proposal = 6.028
• European Parliament's Report = 6.029
• An EC register : EUROS = 6.030
• Proposal = 6.030
• Objective of the proposal = 6.031
• Legal bases = 6.032
• Market reaction = 6.033
• Establishment of the register = 6.034
• Eligibility to be registered = 6.035
• Safety on EUROS-registered ships = 6.037
• Advantages of being registered on EUROS = 6.052
• Assessment of the proposal = 6.053
• Council Regulation on the transfer of ships from one register to another within the Community = 6.054
• Introduction = 6.054
• Background to the proposal = 6.055
• Legislative history = 6.059
• Relationship between the Regulation and other rules = 6.061
• Legal bases = 6.062
• Interpretation = 6.063
• Application of the Regulation = 6.066
• Obligation on Member State to register = 6.067
• No additional requirements for certificates = 6.072
• Divergences of interpretation = 6.073
• Committee of maritime experts = 6.074
• "National Shipping line" = 6.077
• Definition of a Community shipowner = 6.078
• Introduction = 6.079
• Rationale for the Proposal = 6.080
• Legal bases = 6.081
• Purpose of the proposed Regulation = 6.082
• The concept of a Community shipowner = 6.083
• Parallel registries = 6.084
• Factortame litigation = 6.086
• CHAPTER 7 FREEDOM TO SUPPLY MARITIME SERVICES
• A. Introduction = 7.001
• B. UN Liner Code = 7.004
• C. Freedom to Provide Services in EC Law = 7.005
• D. Regulation 4055／86
• Introduction = 7.006
• Purpose = 7.007
• Commercial background = 7.008
• Effect = 7.009
• Entry into force = 7.010
• Implementation = 7.011
• Basic provision relating to freedom to provide services : Article 1 = 7.012
• Timetable : Article 2 = 7.014
• Cargo-sharing arrangements in bilateral agreements : Articles 3 and 4 = 7.015
• Cargo-sharing arrangements in future agreements : Article 5 = 7.018
• Non-discrimination between EC nationals on the basis of nationality = 7.020
• Non-EC nationals = 7.021
• Temporary establishment = 7.022
• Review = 7.023
• Assessment = 7.024
• French-Corsican Case = 7.025
• Italy-Algeria Case = 7.026
• Cenargo = 7.028.3
• E. Cabotage
• Introduction = 7.029
• Concept of cabotage = 7.034
• Definition = 7.034
• State cabotage = 7.035
• EC cabotage = 7.036
• Commercial overview of cabotage = 7.037
• Merits of cabotage = 7.038
• Arguments for cabotage = 7.038
• Arguments against cabotage = 7.039
• Cabotage in each of the Member States = 7.040
• States which had cabotage restrictions in recent times = 7.041
• States which do not have cabotage restrictions = 7.047
• States which had limited cabotage restrictions = 7.051
• Development of the concept of cabocage in EC law = 7.052
• Commission v. France = 7.052
• 1985 : Communication from the Commission to the Council = 7.053
• 1986 : December Package = 7.054
• 1988 : Commission Programme = 7.055
• 1989 : Positive Measures Programme = 7.056
• Council Regulation (EEC) 3577／92 of 7 December 1992 applying the principle of freedom to maritime transport within Member States (Maritime cabotage) = 7.057
• Introduction = 7.057
• Key concepts in Regulation 3577／92 = 7.058
• The benefits of cabotage = 7.064
• Legal bases of Regulation 3577／92 = 7.065
• Beneficiaries of Regulation 3577／92 = 7.066
• Implementation of Regulation 3577／92 = 7.068
• Suspensory effect of Regulation 3577／92 = 7.071
• Operation of Regulation 3577／92 = 7.073
• Public service obligations and Regulation 3577／92 = 7.074
• Crewing = 7.077
• Serious disturbances in the market and Regulation 3577／92 = 7.081
• Temporary provision of cabotage services = 7.084
• Ongoing evaluation of Regulation 3577／92 = 7.085
• Monitoring of national law = 7.086
• Commission Decision 93／396 on Spain's request for adoption by the Commission of a prolongation of safeguard measures pursuant to Regulation 3577／92, Article 5, applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) = 7.087
• CHAPTER 8 EMPLOYMENT AND SOCIAL SECURITY LAW
• A. Introduction = 8.001
• B. EC Law and employment generally
• Introduction = 8.005
• Free Movement of Workers = 8.006
• Concept of "worker" = 8.007
• Article 48 of the EC Treaty = 8.008
• Discrimination on the basis of nationality = 8.009
• Article 49 of the EC Treaty = 8.012
• Assessment = 8.013
• Working Conditions = 8.014
• Equal pay = 8.015
• Non-discrimination on the basis of nationality between EC nationals = 8.016
• Employment in shipping in the EC = 8.017
• Introduction = 8.017
• Hollesen Study = 8.020
• C. EC Law and the employment of Seafarers
• Training = 8.022
• Hours of working = 8.023
• Mutual recognition of qualifications = 8.024
• Taxation = 8.027
• D. EC Social Security Law
• Introduction = 8.028
• Joint Committee on Maritime Transport = 8.029
• E. Training and qualification of Seafarers
• CHAPTER 9 INTRODUCTION TO EC COMPETITION LAW AND SHIPPING
• A. Introduction = 9.001
• B. EC Competition Law Generally = 9.003
• C. EC Competition Law and Shipping: The History of the Application of Articles 85 and 86 of the EC Treaty
• 1962 : Regulation 17／62 implementing EC competition law = 9.004
• 1962 : Regulation 141／62 disapplying EC competition law in the case of transport = 9.005
• 1988 : Regulation 1017168 applying EC competition law to certain transport modes = 9.006
• 1973 : Accession of Denmark, Ireland and the UK to the EC = 9.007
• 1974 : Commission v. France = 9.008
• 1978 : Commission v. Belgium = 9.009
• 1979 : UNCTAD Code = 9.010
• Pre-regulation 4056／86 position = 9.011
• Regulation 4056／86 = 9.013
• D. Overlap Beiween Competition Measures Relating to Transport and General Measures = 9.014
• E. Conclusion = 9.015
• CHAPTER 10 ARTICLES 85 AND 86 OF THE EC TREATY
• A. Introduction = 10.001
• B. Article 85
• Introduction = 10.002
• Text of Article 85 = 10.003
• Basic concepts in Article 85 = 10.004
• Undertaking = 10.004
• Agreements, decisions and concerted practices = 10.007
• Object or effect of preventing, restricting or distorting competition = 10.012
• Introduction = 10.012
• Object = 10.013
• Effect = 10.014
• Preventing, restricting, and distorting competition = 10.015
• Effect on inter-State trade = 10.016
• Introduction = 10.016
• Examples = 10.017
• De minimis doctrine = 10.018
• Introduction = 10.018
• Agreements falling outside Article 85(1) = 10.019
• Commission notice agreements = 10.020
• Agreements within a single economic unit = 10.021
• Objective necessity = 10.022
• Commercial risk = 10.023
• Selective distribution system = 10.024
• Mergers = 10.025
• Transfer of assets = 10.026
• Exemption = 10.027
• Article 85(2) : Voidness = 10.028
• Introduction = 10.028
• Text of Article 85(2) = 10.029
• Penal aspect = 10.030
• Is this really a penalty at all? = 10.031
• Article 85(3) : Exemptions = 10.032
• Introduction = 10.032
• Text of Article 85(3) = 10.033
• Conditions for granting exemptions = 10.034
• Individual exemptions = 10.039
• Block exemptions = 10.040
• C. Article 86 of the EC Treaty
• Introduction = 10.044
• Text of Article 86 = 10.045
• Importance of economic evidence = 10.046
• Interpretation of Article 86 = 10.047
• Economic rationale for Article 86 = 10.048
• Checklist for the successful application of Article 86 = 10.049
• Undertakings = 10.050
• Concept of a dominant position or dominance = 10.051
• Introduction = 10.051
• There is no definition in the EC Treaty = 10.052
• The definition used by the EC institutions = 10.053
• Relevant geographical market = 10.056
• Relevant temporal market = 10.057
• Market power = 10.058
• Introduction = 10.058
• Measuring market power = 10.059
• Market shares = 10.060
• Barriers to entry = 10.061
• Within the Common Market or a substantial part of it = 10.062
• Concept of "Abuse of a dominant position" = 10.063
• Introduction = 10.063
• Definition of abuse = 10.064
• Effect on inter-State trade = 10.065
• D. Competition Procedure
• Role of the Commission = 10.067
• Role of the national authorities and courts = 10.068
• Initiation of proceedings = 10.069
• Notification = 10.070
• Complaints = 10.071
• Own-initiative investigations = 10.072
• Sector investigations = 10.073
• Conduct of proceedings = 10.074
• Fact-finding = 10.074
• Requests for information = 10.075
• Investigations = 10.076
• Legal professional privilege = 10.077
• Conclusion of proceedings = 10.078
• Introduction = 10.078
• Negative clearance = 10.079
• Exemption = 10.080
• Termination of proceedings = 10.081
• Internal compliance = 10.082
• CHAPTER 11 LINER CONFERENCES
• A. Introduction = 11.001
• B. United Nations Code of Conduct for Liner Conferences
• Introduction = 11.009
• UNCTAD negotiations = 11.010
• Objectives and principles of the Code = 11.011
• Signature and entry into force = 11.012
• Perspectives on the Code of Conduct = 11.013
• Application of the Code = 11.017
• Provisions of the Code relating to relations between conference members = 11.018
• Introduction = 11.018
• Membership = 11.019
• Participation = 11.020
• Decision-making = 11.021
• Sanctions = 11.022
• Self-policing = 11.023
• Conference agreements = 11.024
• Provisions of the Code relating to relations with shippers = 11.025
• Introduction = 11.025
• Loyalty arrangements = 11.026
• Dispensation = 11.027
• Availability of tariffs = 11.028
• Annual Reports = 11.029
• Consultation machinery = 11.030
• Provisions of the Code relating to freight rates = 11.032
• Introduction = 11.032
• Criteria for freight rate determination = 11.033
• Conference tariffs and classification of tariff rates = 11.034
• General freight rate increases = 11.035
• Promotional freight rates = 11.036
• Surcharges = 11.037
• Other substantive aspects of the Code = 11.038
• C. UN Liner Code and EC Law
• Introduction = 11.039
• Compatibility of the Code with EC law = 11.042
• Legislative history of Regulation 954／79 = 11.043
• 1974 : Commission Proposal = 11.043
• 1975 : Commission Proposal = 11.044
• Council of Ministers Decision = 11.048
• Contents of Regulation 954／79 = 11.049
• Existing conference = 11.050
• Cargo allocation = 11.051
• OECD Member States = 11.052
• Decision-making procedures = 11.053
• Reservations and interpretative reservations = 11.054
• Implementation of the UN Code in EC Member States = 11.055
• CHAPTER 12 COMPETITION : REGULATION 4056／86
• A. Introduction = 12.001
• B. Legislative History of the Regulation
• Introduction = 12.002
• 1981 Commission Proposal = 12.005
• 1983 ECOSOC Opinion = 12.006
• 1984 European Parliament's Report = 12.007
• 1985 Amended Commission Proposal = 12.009
• 1986 : Commission Amendment = 12.011
• C. Entry into Force of the Regulation = 12.012
• D. Legal Bases of the Regulation = 12.013
• E. Legal Effect = 12.015
• F. Application of the Regulation
• Text of Article 1 = 12.016
• Effect of Article 1 = 12.018
• Transport services = 12.019
• International transport services = 12.020
• Maritime services = 12.021
• Services other than tramp services = 12.022
• Transport users = 12.025
• Agreements between providers of ancillary services = 12.026
• Passenger traffic = 12.027
• Scope = 12.028
• G. Technical Agreements
• Introduction = 12.029
• Text of Article 2 = 12.030
• The introduction of uniform application of standards or types in respect of vessels and other means of transport, equipment, supplies or fixed installation = 12.031
• The exchange or pooling for the purpose of operating transport services, of vessels, space on vessels or slots or other means of transport, staff, equipment or fixed installations = 12.032
• The organisation and execution of successive or supplementary maritime transport operations and the establishment or application of inclusive rates and conditions for such operations = 12.033
• The co-ordination of transport timetables for connecting routes = 12.034
• The consolidation of individual assignments = 12.035
• The establishment or application of uniform rules concerning the structure and the conditions governing the application of transport tariffs = 12.036
• Amendment = 12.037
• H. Block Exemption for Liner Conferences
• Introduction = 12.038
• Liner conferences = 12.039
• Block exemption = 12.040
• Condition attaching to the block exemption for liner conferences = 12.042
• Obligations attaching to the exemption = 12.045
• Introduction = 12.045
• Details of the obligations = 12.047
• Consultations = 12.048
• Loyalty arrangements = 12.049
• Services not covered by the freight charges = 12.050
• Availability of tariffs = 12.051
• Notification to the Commission of awards at arbitration and recommendations = 12.052
• I. Block Exemption for Agreements Between Transport Users and Conferences Concerning the use of Scheduled Maritime Transport Services
• Introduction = 12.053
• Definition of liner conferences = 12.054
• Definition of transport user = 12.055
• J. Monitoring of Exempted Agreements
• Introduction = 12.056
• Commentary = 12.057
• K. Abuse of a Dominant Position
• Introduction = 12.058
• Commentary = 12.060
• L. Conflicts of National Laws
• Text of Article 9 of the Regulation = 12.061
• Commentary = 12.062
• M. Rules of Procedure
• Complaints = 12.064
• Text of Article 10 = 12.064
• Procedures on complaint or on the Commission's own initiative = 12.065
• Locus standi to submit a complaint = 12.066
• Result of procedures on complaint or on the Commission's own initiative = 12.067
• Introduction = 12.067
• Text of Article 11 = 12.068
• Commentary of Article 11 = 12.069
• Opposition procedure = 12.070
• Introduction = 12.070
• Text of Article 12 = 12.071
• Commentary = 12.072
• Duration and revocation of individual exemption = 12.073
• Introduction = 12.073
• Text of Article 13 = 12.074
• Renewal and revocation of the exemption = 12.075
• Amendment of the exemption = 12.076
• Prohibition of specified acts by the parties = 12.077
• Publication of the decision = 12.078
• Powers of the Commission = 12.079
• Commentary = 12.080
• Liaison with the authorities of the Member States = 12.081
• Introduction = 12.081
• Commentary = 12.082
• Commission requests for information = 12.083
• Introduction = 12.083
• Commentary = 12.084
• Investigations = 12.085
• Introduction = 12.085
• Investigations by authorities of the Member States = 12.087
• Secrecy of information gathered = 12.088
• Fines and periodic penalty payments = 12.089
• Fines = 12.089
• Periodic penalty payments = 12.094
• Hearings of the parties and others = 12.096
• Introduction = 12.096
• Commentary = 12.097
• Review by the Court of Justice of the fines and periodical penalty payments = 12.098
• Introduction = 12.098
• Commentary = 12.099
• Publication of decisions = 12.100
• Implementing provisions = 12.101
• N. Procedure : Commission Regulation 4260／88
• Introduction = 12.102
• Legal basis and background = 12. 103
• Notification = 12.104
• Complaints = 12.105
• Applications for exemptions = 12.106
• Introduction = 12.106
• Hearings = 12.107
• Communicating awards and recommendations to the Commission = 12.108
• O. Practice to Date = 12.109
• P. Competition Law and Ports
• Genoa : Merci Convenzionali = 12.111
• Holyhead : B & I Line = 12.112
• Rodby = 12.113
• Roscoff = 12.114
• Port charges = 12.115
• Q. Assessment = 12.130
• CHAPTER 13 DUMPING : REGULATION 4057／86
• A. Introduction = 13.001
• B. Council Regulation 4057／86
• Introduction = 13.004
• Legal basis = 13.007
• Commercial background = 13.008
• Legal history = 13.009
• Entry into force = 13.010
• Purpose = 13.011
• Application = 13.012
• Concepts = 13.013
• Concept of dumping = 13.013
• Concept of an unfair pricing practice = 13.014
• Concept of non-commercial advantage = 13.015
• Concept of normal freight rates = 13.016
• Concept of "serious disruption of a freight pattern" = 13.017
• Concept of "injury to Community ship operators" = 13.018
• Concept of "Community interest" = 13.019
• Concept of third country shipowner = 13.020
• Role of EC institutions under the Regulation = 13.021
• The Commission = 13.021
• The Council of Ministers = 13.022
• The European Court of Justice = 13.023
• Complaints = 13.024
• Complaint procedure = 13.024
• Who may lodge a complaint? = 13.025
• Form of a complaint = 13.026
• Contents of the complaint = 13.027
• To whom is the complaint made? = 13.028
• Confidentiality of the complaint = 13.029
• Withdrawal of the complaint = 13.030
• Consultation = 13.031
• Initiation and investigation = 13.032
• Initiation = 13.032
• Contents of the investigation = 13.033
• Invitation to the allegedly guilty party to make their case = 13.034
• Co-operation = 13.035
• Confidentiality of information supplied = 13.036
• Conclusion of the first stages of investigation = 13.037
• Formal rights of the parties = 13.038
• Outcome of the Commission's investigations = 13.039
• Introduction = 13.039
• No action = 13.040
• Undertakings = 13.041
• Redressive duties = 13.044
• Power to impose redressive duties = 13.045
• Calculation of the redressive duties = 13.046
• Imposition of redressive duties = 13.047
• Appeals = 13.053
• Practice to date = 13.054
• CHAPTER 14 REGULATION 4058／86 : MARKET ACCESS
• A. Introduction = 14.001
• B. Application of the Regulation = 14.002
• C. Legal Bases of the Regulation = 14.003
• D. Legal History of the Regulation = 1 4.004
• E. Entry into force of the Regulation = 14.005
• F. Background to the Regulation = 14.006
• G. Concepts in the Regulation = 14.007
• H. Triggering Event = 1 4.008
• I. Requests by a Member State for Co-ordinated Action
• Introduction = 14.009
• Text of Article 3 = 14.010
• J. Co-ordinated Action
• Introduction by the EC = 14.011
• Text of Article 4 = 14.012
• Diplomatic representations = 14.013
• K. Procedure = 14.014
• L. Action by Member States in default of Council Action
• Individual or group action = 14.015
• Urgent Action = 14.016
• Report to the Commission = 14.017
• M. Consultation = 14.018
• N. OECD Member States
• Introduction = 14.019
• Article 8 of the Regulation = 14.020
• O. Application and observations = 14.021
• CHAPTER 15 STATE AID
• A. introduction = 15.001
• B. Purposes of state aid = 15.002
• C. Economics of state aid = 15.003
• D. State aid and EC law generally
• Introduction = 15.004
• Introduction to the EC Treaty rules = 15.005
• State aid in Shipping and EC law = 15.006
• Compatibility of shipping State aid with EC law : the general principles = 15.007
• Article 92(1) of the EC Treaty : the prohibition of certain types of aid = 15.008
• Article 92(1) = 15.008
• Purpose of Article 92 = 15.009
• Concept of aid = 15.010
• Article 92(2) of the EC Treaty : the automatic authorisation of certain types of aid = 15.018
• Introduction = 15.018
• Text of Article 92／2 = 15.019
• Effect of compatibility = 15.020
• Aid having a social character = 15.021
• Natural disasters = 15.022
• Germany = 15.023
• Article 92(3) of the EC Treaty : the authorisation of certain types of aid in certain circumstances = 15.024
• Introduction = 15.024
• Text of Article 92(3) = 15.025
• Criteria used by the Commission in deciding to authorise an aid = 15.026
• Economic development aids = 15.027
• Important European project = 15.028
• Serious disturbance in the economy = 15.029
• Development of certain economic activities = 15.030
• Sectoral aids = 15.031
• 1997 Guidelines on State Aid to Maritime Transport = 15.031.1
• Aid to build a ship = 15.032
• Aid to reduce manning costs = 15.033
• Aid for crew relief／employment grants = 15.034
• Aid to training = 15.035
• Aid in the form of special taxation of certain shipping activities = 15.036
• Operating aid = 15.037
• Aid to investment = 15.038
• Restructuring and privatisation aid = 15.039
• Environmental aid = 15.040
• Aid in the form of public authority holdings in company capital = 15.041
• Rescue aid = 15.042
• Regional policy aid = 15.043
• Research and development aid = 15.044
• Small and medium-sized enterprises = 15.045
• Public service obligations = 15.045.1
• Other aids which are specified by the Council of Ministers = 15.046
• Article 93 of the Treaty : supervision = 15.047
• Text of Article 93 = 15.047
• Existing aid = 15.048
• Contentious proceedings = 15.049
• New aid = 15.050
• Article 93 and the doctrine of direct effect = 15.051
• Article 94 of the EC Treaty : the legislative powers = 15.052
• Introduction = 15.052
• Text of Article 94 = 15.053
• Challenging State aid = 15.054
• State Aid and Registries = 15.054.1
• Conclusions on State aid = 15.055
• E. State aid and shipbuilding = 15.056
• CHAPTER 16 CONSORTIA
• A. Introduction = 16.001
• B. Juridical nature of consortia = 16.004
• C. Commercial view on consortia = 16.007
• D. 1990 Communication on Consortia
• Introduction = 16.008
• Background to the communication on consortia = 16.009
• E. The need for the block exemption = 16.010
• F Contents of the Council of Ministers Regulation
• Purpose = 16.012
• Form of the proposed block exemption = 16.013
• Scope of the block exemption = 16.014
• Provision for an exemption regulation = 16.015
• Duration and effect of the exemption = 16.016
• Consultation = 16.017
• Breaches = 16.018
• Entry into force = 16.019
• G. Commission consortia block exemption = 16.020
• CHAPTER 17 EUROPEAN COMMUNITY MARINE ENVIRONMENTAL LAW
• A. Introduction = 17.001
• B. The 1950s
• 1957 : The EEC Treaty = 17.003
• C. The 1960s
• Introduction = 17.004
• 1967 : Torrey Canyon = 17.005
• D. The 1970s
• 1972 : UN Conference in Stockholm = 17.006
• 1972 and 1973 : EC responses to the UN conference = 17.007
• 1973 : The first Action Programme = 17.008
• The Action Programmes = 17.008
• 1973 : The 1973 Action Programme = 17.009
• 1973 : Establishment of an Environmental and Consumer Protection Service = 17.010
• 1975 : Paris Convention for the Prevention of Marine Pollution from Land-Based Sources = 17.011
• 1975 : Council Recommendation on the "Polluter Pays" principle = 17.012
• 1976 : Discharge of effluent from land : Directive 76／464 = 17.0 13
• 1976 : Deliberate dumping of waste at sea = 17.014
• Bravo drilling rig in the Ekofisk field = 17.015
• 1977 : Exploitation of marine and sub-marine resources, especially exploitation of the seabed = 17.016
• The Second Action Programme = 17.017
• 1977 : Commission Communication to the Council of Ministers on the Reorganisation of the Community Shipbuilding Industry = 17.018
• Amoco Cadiz = 17.019
• 1978 : Copenhagen Summit = 17.020
• Council Resolution of 26 June 1978 = 17.021
• Introduction = 17.021
• Background = 17.022
• Resolution in the context of the Action Programmes = 17.023
• Rationale of the Resolution = 17.024
• Essence of the Resolution = 17.025
• 1978 : Council Recommendation on Ratification of Safety Conventions = 17.026
• Introduction = 17.026
• Background to the Recommendation = 17.027
• Conventions referred to in the Recommendation = 17.028
• 1978 : Measures relating to titanium oxide = 17.029
• Recommendation 79／114 on the ratification of the 1978 international Convention on Standards of Training, Certification and Watchkeeping for Seafarers = 17.030
• E. The 1980s
• 1980-1982 : Port State control = 17.031
• Commission Decision 80／686 setting up an advisory committee on the control and reduction of pollution caused by hydrocarbons discharged at sea = 17.032
• 1982 : United Nations Convention on the Law of the Sea (UNCLOS Ⅲ) = 17.033
• 1983 : Communication = 17.034
• 1983 : Council Recommendation on SAR = 17.035
• 1985 : Single European Act amended the EC Treaty = 17.036
• 1986 : Community information system = 17.037
• 1987-1988 : European Environmental Year = 17.038
• 1987 : The Fourth Action Programme = 17.039
• 1987 : European parliamentary question on the seaworthiness of vessels operating in Community waters = 17.040
• Mediterranean = 17.041
• Marine Science and Technology ProAramme (MAST) 1989-1992 = 17.042
• F. The 1990s
• Introduction = 17.043
• 1990 : European Environment Agency Regulation = l7.044
• 1990 : Resolution on the Prevention of Accidents causing Marine Pollution = 17.045
• Introduction = 17.045
• Background = 17.046
• Ensuring that EC ships are safe = 17.047
• Inspections on foreign ships docking in EC ports = 17.048
• Requests for the Commission to act = 17.049
• Environmental Information Directive = 17.050
• Shipment of radioactive wastes = 17.051
• North Sea = 17.052
• G. Conclusion = 17.053
• CHAPTER 18 SHIPBUILDING
• A. introduction = 18.001
• B. Commercial Overview = 19.005
• Protectionist practices = 18.007
• C. 1977 Communication on shipbuilding = 18.008
• Problems of EC shipbuilding = 18.009
• Objectives of EC intervention = 18.010
• EC action = 18.011
• Committee = 18.012
• D. 1978 Council of Ministers resolution = 18.013
• E. Commission proposal = 18.014
• F. First Report on shipbuilding = 18.015
• G. 1986 Parliamentary resolution
• H. 1987 Commission communication on shipbuilding = 18.016
• Key proposals = 18.018
• Reaction to the communication = 18.019
• I. Renewal programme
• Introduction = 18.020
• Establishment of the Renewal Programme = 18.021
• Purpose of the Renewal Programme = 18.022
• Criteria and areas of application : Article 3(1) = 18.023
• Decision-making process : Article 3(2) = 18.024
• Permitted activities for the Renewal Programme = 18.025
• Financing of the Renewal programme = 18.026
• Form of the aid = 18.027
• Entities eligible for funding = 18.028
• Procedure = 18.029
• Duration of the programme = 18.030
• The Renewal Areas : the practice to date = 18.031
• France = 18.032
• Germany = 18.033
• The Netherlands = 18.035
• Spain = 18.036
• United Kingdom = 18.037
• J. Shipbuilding aids
• First shipbuilding directive = 18.040
• Second shipbuilding directive = 18.041
• Third shipbuilding directive = 18.042
• Background to the Directive = 18.043
• Essence of the Directive = 18.044
• Reporting mechanism = 18.045
• Emergency aid = 18.046
• Fourth shipbuilding directive = 18.047
• Introduction = 18.047
• Legal bases = 18.048
• Commercial background = 18.049
• Duration = 18.050
• Concept of shipbuilding = 18.051
• Concept of ship-conversion = 18.052
• Concept of ship-repair = 18.053
• Concept of sale = 18.054
• Concept of State aid = 18.055
• Credit facilities = 18.056
• Relationship between the Directive and the EC Treaty rules relating to State aids = 18.057
• Investment aid = 18.058
• Rescue aids = 18.059
• Crisis aids = 18.060
• Cost-escalation insurance = 18.061
• Non-discrimination = 18.062
• Fifth shipbuilding directive = 18.063
• Introduction = 18.063
• Duration = 18.064
• Legal basis = 18.065
• Entry into force = 18.066
• Commercial background = 18.067
• Duration = 18.068
• Concept of shipbuilding = 18.069
• Concept of ship-conversion = 18.070
• Concept of ship-repair = 18.071
• Concept of sale = 18.072
• Concept of aid = 18.073
• Credit facilities = 18.074
• Relationship between the Directive and the EC Treaty rules relating to State aids = 18.075
• Investment aid = 18.076
• Rescue aid = 18.077
• Crisis aid = 18.078
• Cost-escalation insurance = 18.079
• Non-discrimination = 18.080
• Sixth shipbuilding directive = 18.081
• Duration = 18.082
• Implementation = 18.084
• Spain and Portugal = 18.085
• Assessment = 18.086
• Seventh shipbuilding directive = 18.087
• Background = 18.087
• International context = 18.093
• Legal basis = 18.094
• Entry into force = 18.095
• Approach = 18.096
• Concept of aid = 18.097
• Concept of shipbuilding = 18.098
• Concept of ship-conversion = 18.099
• Concept of ship-repair = 18.100
• Concept of contract value before aid = 18.101
• Specific areas of the EC = 18.102
• Discriminatory practices = 18.105
• Aid to shipowners = 18.106
• Operating aid = 18.107
• Restructuring aid = 18.108
• Monitoring = 18.112
• Spain = 18.113
• 1993 : Shipbuilding Directive extended = 18.114
• 1994 : OECD Agreement = 18.115
• CHAPTER 19 THE EC'S RELATIONS IN SHIPPING MATTERS WITH THE REST OF THE WORLD
• A. Introduction = 19.001
• B. The law relating to the external Relations of the EC
• Introduction = 19.003
• Provisions of the EC Treaties = 19.004
• ECSC Treaty = 19.004
• Euratom and EAEC Treaties = 19.005
• EC Treaty = 19.006
• C. Consultation Procedure in Shipping Matters
• Introduction = 19.011
• Purpose = 19.012
• Background = 19.013
• Legal bases = 19.018
• Scope of the consultation = 19.019
• Purposes of consultation = 19.020
• Channels and confidentiality of consultation = 19.021
• Review = 19.022
• D. Market monitoring
• Decision 78／774 = 19.023
• Introduction = 19.023
• Legal bases = 19.024
• Legislative history = 19.025
• Article 1 : the essence of the Decision = 19.026
• Article 2 : Application = 19.027
• Observations of the Committee = 19.029
• Article 3 : Evaluation = 19.030
• Article 4 : National legislation = 19.031
• Article 5 : National systems = 19.032
• Article 6 : Implementation = 19.033
• Decision 79／4 EEC = 19.034
• Introduction = 19.034
• Legal bases = 19.035
• Legislative history = 19.036
• Factual background = 19.037
• Extension of the information collected = 19.038
• Assessment = 19.039
• Decision 80／1181 EEC = 19.040
• Introduction = 19.040
• Decision 81／189 EEC = 19.041
• Introduction = 19.041
• Annex Ⅰ = 19.042
• Annex Ⅱ = 19.043
• Decision 82／870 EEC = 19.044
• Decision 84／656 EEC = 19.045
• Decision 86／646 EEC = 19.046
• Decision 89／242 EEC = 19.047
• Decision 89／243 EEC = 19.048
• Decision 90／545 EEC = 19.049
• Introduction = 19.049
• Background = 19.050
• Essence of the Decision = 19.051
• E. International Safety Conventions
• Introduction = 19.052
• 1978 Council of Ministers Recommendation on the ratification of safety conventions = 19.054
• Introduction = 19.054
• Background to the Recommendation = 19.055
• Conventions referred to in the Recommendation = 19.056
• Procedure for ratification or accession = 19.057
• 1978 Council of Ministers Recommendation on the ratification of the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers = 19.058
• 1983 Council of Ministers Recommendation on SAR = 19.059
• F. Counter-Measures
• 1983 Council Decision concerning counter-measures in the field of international merchant shipping = 19.060
• Introduction = 19.060
• Legal bases = 19.061
• Factual background = 19.062
• Obligation to consult = 19.063
• Desirability of co-ordination of measures = 19.064
• Procedural matters = 19.065
• Counter-measures = 19.066
• G. Bilateral relations
• Council Decision 87／476 relating to maritime transport between Italy and Algeria = 19.067
• H. International Organisations
• Introduction = 19.068
• United Nations = 19.069
• Introduction = 19.069
• Liner Conference = 19.070
• UNCLOS Ⅲ = 19.071
• United Nations Economic Commission for Europe = 19.072
• International Maritime Organisation and International Maritime Consultative Organisation = 19.073
• International Labour Organisation = 19.074
• General Agreement on Tariffs and Trade as well as General Agreement on Trade in Services = 19.075
• European Free Trade Association = 19.076
• 1997 : Commission Communication : "External Relations in the Field of Maritime Transport" = 19.077
• CHAPTER 20 THE EC AND SAFETY AT SEA
• A. Introduction
• International legislation = 20.005
• B. EU Measures and developments
• 1978 : Council Recommendation on Ratification of safety conventions = 20.006
• Introduction = 20.006
• Background to the Recommendation = 20.007
• 1978 : Council Recommendation on the ratification of the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers = 20.008
• Deep-sea pilots Directives = 20.009
• Tankers = 20.010
• Fishing vessels = 20.011
• Greek Government = 20.012
• 1983 : Council Recommendation SAR = 20.013
• 1987 : European Parliamentary Question on the Seaworthiness of Vessels Operating in Community Waters = 20.014
• 1989 : Parliament's Resolution on Safety at Sea = 20.015
• 1990 : Council of Ministers Resolution on Passenger Ferry Safety = 20.016
• 1992 : Council Directive on the Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels = 20.017
• Introduction = 20.017
• Background = 20.018
• Legal basis = 20.019
• Basic concepts = 20.020
• Obligation to have medical supplies on board = 20.025
• Obligation on ships to carry antidotes = 20.026
• Allocation of responsibilities = 20.027
• Information and training = 20.028
• Training = 20.029
• Data centres = 20.030
• Inspection = 20.031
• Adaptation of the annexes = 20.032
• Entry into force = 20.033
• Conclusion = 20.034
• Developments in the 1990s = 20.035
• Criteria for EU's Safety Programme = 20.038
• Measures = 20.039
• A brief analysis of the new areas and measures = 20.048
• CHAPTER 21 NAVIGATION
• A. Introduction = 21.001
• B. Decision 82／887 = 21.002
• C. Decision 92／143 : Radionavigation Systems
• Introduction = 21.003
• Legal bases = 21.004
• Legislative history = 21.005
• Technical background = 21.006
• Role of the Member States = 21.007
• Role of the Commission = 21.008
• Role of the Commission and Member States jointly = 21.009
• D. Global navigation system = 21.010
• CHAPTER 22 PILOTAGE
• A. Introduction = 22.001
• B. The 1978 North Sea Pilotage Directive = 22.002
• Introduction = 22.002
• Legal bases = 22.003
• Purpose = 22.004
• Obligation on certain States to provide qualified pilots = 22.005
• Member States are obliged to encourage ships which fly their flags to use qualified pilots = 22.006
• Implementation = 22.007
• C. Commission Memorandum on Shipping = 22.008
• D. Discrimination on the basis of Nationality = 22.009
• CHAPTER 23 PORTS AND PORT STATE CONTROL
• A. Ports = 23.001
• B. Port State Control
• Introduction = 23.004
• Commission proposal for a directive on Port State Control = 23.005
• The Memorandum of Understanding on Port State Control = 23.006
• Commission Recommendation on improving the effectiveness of Port State Control in the Community = 23.007
• Rationale = 23.008
• Ratification of the International Conventions covered by the Memorandum of Understanding = 23.009
• Implementation of the International Conventions covered by the Memorandum of Understanding = 23.010
• Follow-up = 23.011
• 1982 : Commission Opinion = 23.012
• 1986 : Progress towards a Common Transport Policy : Maritime Transport = 23.013
• Directive 95／21 on Port State Control = 23.014
• C. Safety in ports
• Regulation 2978／84 on Segregated Ballast Tanks = 23.015
• D. Competition in ports
• Introduction = 23.016
• CHAPTER 24 CARRIAGE OF GOODS AND PASSENGERS BY SEA
• A. Passenger baggage
• Committee on Community Transit = 24.009
• Application = 24.010
• B. Fares = 24.011
• C. Travel allowances = 24.012
• D. Passenger records
• Introduction = 24.013
• Directive 95／64 on Statistical Return in Respect of Carriage of Goods and Passengers by Sea = 24.014
• Proposed Council Directive on the Registration of Persons sailing on board Passenger Ships = 24.015
• CHAPTER 25 LITIGIOUS ASPECTS OF EC SHIPPING LAW : THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS
• A. Introduction
• B. Scope of the Convention
• Subject-matter of the Convention = 25.006
• Geographical scope = 25.009
• C. Jurisdiction
• Introduction = 25.010
• General rule = 25.011
• Exceptions to the general rule on jurisdiction = 25.012
• Domicile = 25.013
• General provisions = 25.015
• Persons domiciled in a contracting State = 25.015
• Defendants not domiciled in a contracting State = 25.016
• Special jurisdiction = 25.017
• Article 5 : Introduction = 25.018
• Article 5(1) : Contract = 25.019
• Article 5(2) : Maintenance = 25.020
• Article 5(3) : Tort, delict and quasi-delict = 25.021
• Article 5(4) : Civil claims in criminal proceedings = 25.022
• Article 5(5) : Branches, agencies and other establishments = 25.023
• Article 5(6) : Trusts = 25.024
• Article 5(7) : Salvage = 25.025
• Article 6 : Special jurisdiction = 25.026
• Article 6(1) : Co-defendants = 25.027
• Article 6(2) : Third parties = 25.028
• Article 6(3) : Counterclaims = 25.029
• Article 6(4) : Certain Combined actions = 25.030
• Article 6A : Limitation of liability actions in respect of the operation of ships = 25.031
• Insurance = 25.032
• Consumer contracts = 25.033
• Exclusive jurisdiction = 25.034
• Proceedings have as their object rights in rem = 25.035
• Tenancies of immovable property = 25.036
• Certain proceedings involving a company = 25.037
• Validity of Acts on public registers = 25.038
• Intellectual property proceedings = 25.039
• Enforcement of judgments = 25.040
• Prorogation of jurisdiction = 25.041
• Article 17 : Jurisdiction agreements = 25.042
• Article 18 : Jurisdiction by submission = 25.043
• Examination as to jurisdiction and admissibility = 25.044
• Lis pendens-related actions = 25.045
• Provisional, including protective measures = 25.046
• D. Recognition and enforcement
• Introduction = 25.047
• Concept of judgment = 25.048
• Recognition = 25.049
• Principles of recognition = 25.049
• Instances of non-recognition of judgments = 25.050
• Enforcement = 25.059
• A foreign judgment ordering a periodic payment = 25.063
• Legal aid = 25.064
• No security, bond or deposit = 25.065
• Common rules for recognition and enforcement = 25.066
• Authentic instruments and court settlements = 25.067
• Approved settlements = 25.068
• E. Article 54A of the Judgments Convention = 25.069
• F. Arrest of Ships
• Introduction = 25.070
• The Arrest Convention = 25.073
• The Tatry litigation = 25.074
• Introduction = 25.074
• Reference = 25.075
• Factual background to the case = 25.076
• English litigation = 25.091
• Reference to the ECJ = 25.095
• Article 57 of the Judgments Convention = 25.096
• Article 21 of the Judgments Convention = 25.099
• The fifth question = 25.100
• The second question = 25.101
• Article 22 of the Judgments Convention = 25.102
• Conclusions = 25.103
• CHAPTER 26 CONCLUSIONS
• Introduction = 26.001
• Observations and conclusions = 26.002
• The place of the EC in world shipping = 26.003
• EC shipping law is of recent origin = 26.004
• There is hardly any limit to the possible application of EC law to shipping yet there is a limit to the possible development of EC shipping law = 26.005
• EC transport policy has been slow to develop = 26.006
• EC shipping policy has not been entirely successful = 26.007
• Is shipping a public service or merely another service in the market place? = 26.008
• EC shipping law is only a component of international shipping law = 26.009
• The formulation of EC shipping law requires the involvement of all partners = 26.010
• EC shipping law and policy must seek to protect EC shipowners, seafarers and all those involved in the shipping industry = 26.011
• Recent origin = 26.012
• Knee-jerk reactions? = 26.013
• Limitations = 26.014
• Role of the EU in shipping matters = 26.015
• Uneven distribution of marine resources in the EU = 26.016
• Isolation = 26.017
• Informed approach = 26.018
• Open Markets = 26.019
• Coherent approach = 26.020
• Recurring themes = 26.021
• Shortsea transport = 26.022
• State aid = 26.023
• Non-discrimination on the basis of nationality = 26.024
• Brussels the benefacto = 26.024
• Brussels the benefacto = 26.025
• Perception of EU shipping law = 26.026
• Co-operation = 26.027
• Inefficiency in the industry = 26.028
• More legislation? = 26.029
• EU shipping law can be used pro-actively = 26.030
• Swot analysis of EU shipping = 26.031
• Introduction = 26.031
• Strengths = 26.032
• Weaknesses = 26.039
• Opportunities = 26.043
• Threats = 26.044
• APPENDIX 1 TREATY ESTABLISHING THE EUROPEAN COMMUNITY = A.1
• APPENDIX 2 COUNCIL DECISIONS, DIRECTIVES, RECOMMENDATIONS AND RESOLUTIONS
• 1. Council Decision of 13 September 1977 Setting up a Consultation Procedure on Relations between Member States and Third Countries in Shipping Matters and on Action Relating to Such Matters in International Organizations (77／587／EEC) = A.2.1
• 2. Council Recommendation of 26 June 1978 on the Ratification of Conventions on Safety in Shipping (78／584／EEC) = A.2.2
• 3. Council Resolution of 26 June 1978 Setting up an Action Programme of the European Communities on the Control and Reduction of Pollution Caused by Hydrocarbons Discharged at Sea = A.2.3
• 4. Council Decision of 19 September 1978 Concerning the Activities of Certain Third Countries in the Field of Cargo Shipping (78／774／EEC) = A.2.4
• 5. Council Decision of 19 December 1978 on the Collection of Information Concerning the Activities of Carriers participating in Cargo Liner Traffic in Certain Areas of Operation (79／4／EEC) = A.2.5
• 6. Council Recommendation of 21 December 1978 on the Ratification of the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (79／114／EEC) = A.2.6
• 7. Council Directive of 21 December 1978 Concerning Pilotage of Vessels by Deep-Sea Pilots in the North Sea and English Channel (79／115／EEC) = A.2.7
• 8. Council Directive of 21 December 1978 Concerning Minimum Requirements for Certain Tankers Entering or Leaving Community Ports (79／116／EEC) = A.2.8
• 9. Council Regulation of 15 May 1979 Concerning the Ratification by Member States of, or their Accession to, the United Nations Convention on a Code of Conduct for Liner Conferences (79／954／EEC) = A.2.9
• 10. Council Directive of 6 December 1979 Amending Directive 79／116／EEC Concerning Minimum Requirements for Certain Tankers Entering or Leaving Community Ports (79／1034／EEC) = A.2.l0
• 11. Council Recommendation of 23 September 1980 on the Ratification of the Torremolinos International Convention for the Safety of Fishing Vessels (1977) (80／907／EEC) = A.2.l1
• 12. Council Decision of 4 December 1980 Amending and Supplementing Decision 79／4／EEC on the Collection of Information Concerning the Activities of Carriers Participating in Cargo Liner Traffic in Certain Areas of Operation (80／1181／EEC) = A.2.12
• 13. Council Decision of 26 March 1981 Establishing Detailed Rules for the Collection of Information Concerning the Activities of Carriers Participating in Cargo Liner Traffic between the Member States and the Far East (81／189／EEC) = A.2.13
• 14. Council Decision of 13 December 1982 Adopting a Concerted Action Project for the European Economic Community in the Field of Shore-Based Marine Navigation Aid Systems (82／887／EEC) = A.2.14
• 15. Council Decision of 16 December 1982 Extending the Collection of Information Concerning the Activities of Carriers Participating in Cargo Liner Traffic in Certain Areas of Operation, Carried out Under Decisions 79／4／EEC, 80／1181／EEC and 81／189／EEC (82／870／EEC) = A.2.15
• 16. Council Decision of 28 March 1983 on the Conclusion of the Community-Cost Concertation Agreement on a Concerted Action Project in the Field ef Shore-Based Marine Navigation Aid Systems (Cost Project 301) (83／124／EEC) = A.2.16
• 17. Council Recommendation of 25 July 1983 on the Ratification of or Accession to the 1979 International Convention on Maritime Search and Rescue (SAR) (83／419／EEC) = A.2.17
• 18. Council Decision of 26 October 1983 Concerning Counter-Measures in the Field of International Merchant Shipping (83／573／EEC) = A.2.18
• 19. Council Decision of 18 December 1984 Extending the Collection of Information Concerning the Activities of Carriers Participating in Cargo Liner Traffic in Certain Areas of Operation (84／656／EEC) = A.2.19
• 20. Council Decision of 16 December 1986 Extending the Collection of Information Concerning the Activities of Carriers Participating in Cargo Liner Traffic in Certain Areas of Operation (86／646／EEC) = A.2.20
• 21. 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 ancd Third Countries = A.2.21
• 22. Council Regulation (EEC) No 4056／86 of 22 December 1986 Laying Down Detailed Rules for the Application of Articles 85 and 86 of the Treaty to Maritime Transport = A.2.22
• 23. Council Regulation (EEC) No 4057／86 of 22 December 1986 on Unfair Pricing Practices in Maritime Transport = A.2.23
• 24. Council Regulation (EEC) No 4058／86 of 22 December 1986 Concerning Coordinated Action to Safeguard Free Access to Cargoes in Ocean Trades = A.2.24
• 25. Regulation No 4260／88 of 16 December 1988 on the Communications, Complaints and Applications and the Hearings Provided for in Council Regulation No. 4056／86 Laying down Detailed Rules for the Application of Articles 85 and 86 of the Treaty to Maritime Transport = A.2.25
• 26. Proposal for a Council Regulation Establishing a Community Ship Register and Providing for the flying of the Community Flag by Sea-Going Vessels (COM(89) 266 Final) (Submitted by the Commission to the Council on 2 August 1989) (89／C 263／02) = A.2.26
• 27. Commission Recommendation on Improving the Effectiveness of Port State Control in the Community (COM(89) 266 Final) (Submitted by the Commission to the Council on 2 August 1989) (89／C 263／03) = A.2.27
• 28. Council Resolution of 19 June 1990 on the Prevention of Accidents Causing Marine Pollution (90／C 206／01) = A.2.28
• 29. Resolution of the Council and of the Representatives of the Governments of the Member States, Meeting within the Council, of 19 June 1990 on Improving Passenger Ferry Safety (90／C 206／02) = A.2.29
• 30. Council Regulation (EEC) No 613／91 of 4 March 1991 on the Transfer of Ships from One Register to Another within the Community = A.2.30
• 31. Council Regulation (EEC) No 3925／91 of 19 December 1991 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea crossing = A.2.31
• 32. Council Decision of 25 February 1992 on Radionavigation Systems for Europe (921143／EEC) = A.2.32
• 33. Council Regulation (EEC) No 479／92 of 25 February 1992 on the Application of Article 85(3) of the Treaty to Certain Categories of Agreements, Decisions and Concerted Practices between Liner Shipping Companies (Consortia) = A.2.33
• 34. United Nations Convention on a Code of Conduct for Liner Conferences = A.2.34
• 35. 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) = A.2.35
• 36. Council Directive 93／75／EEC of 13 September 1993 concerning minimum requirements for vessels, bound for or leaving Community ports and carrying dangerous or polluting goods = A.2.36
• 37. Council Regulation (EC) No 2978／94 of 21 November 1994 on the implementation of IMO Resolution A.747 (18) on the application of tonnage measurement of ballast spaces i9 segregated ballast oil tankers = A.2.37
• 38. Council Directive 94／57／EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations = A.2.38
• 39. Council Directive 94／58／EC of 22 November 1994 on the minimum level of training of seafarers = A.2.39
• 40. Council Directive 95／21／EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port state control) = A.2.40
• 41. Council Regulation (EC) No 3051／95 of 8 December 1995 on the safety management of roll-on／roll-off passenger ferries (ro-ro ferries) = A.2.41
• 42. Council Regulation (EC) No 3094／95 of 22 December 1995 on aid to shipbuilding = A.2.42
• 43. Council Directive 96／98／EC of 20 December 1996 on marine equipment = A.2.43
• 44. Council Resolution of 24 March 1997 on a new strategy to increase the competitiveness of Community Shipping (97／C 109／01) = A.2.44
• 45. Community guidelines on State aid to maritime transport (97／C 205／05) (Text with EEA relevance) = A.2.45
• Index = 1011