Tag Archives: Maritime transport

Competition in transport

Competition in transport

Outline of the Community (European Union) legislation about Competition in transport

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in transport

Competition in transport

Competition within the transport industry enables citizens to benefit from efficient and cheaper transport. Free competition also acts as a driving force to open up European networks and therefore gives investments and the network a continental dimension. In this context, the European Union is focusing on regulating this competition through legislation applicable to each mode of transport and a framework for State aid.

ANTITRUST LEGISLATION

Transport by rail, road and inland waterway

  • Competition in transport by rail, road and inland waterway

Maritime transport

  • Freedom to provide maritime transport services
  • Freedom to supply services, competition, unfair pricing practices and free access to ocean trade
  • Exemption for certain agreements between liner shipping companies (“consortia”)

Air transport

  • Exemption of certain air transport agreements from EU competition rules
  • Exemptions from consultations on passenger tariffs and slot allocation at airports

STATE AID LEGISLATION

Transport by rail, road and inland waterway

  • Public passenger transport service by rail and road

Maritime transport

  • Community approach to State aid for transport by sea
  • State aid to shipbuilding (I)
  • State aid to shipbuilding (II)

Air transport

  • Guidelines on State aid for developing regional airports

Exemption for certain agreements between liner shipping companies

Exemption for certain agreements between liner shipping companies

Outline of the Community (European Union) legislation about Exemption for certain agreements between liner shipping companies

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in transport

Exemption for certain agreements between liner shipping companies (“consortia”)

Document or Iniciative

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).

Summary

This regulation applies to consortia * providing international liner shipping * services from or to one or more ports within the European Union (EU).

Exempted agreements

In accordance with Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) (formerly Article 81(3) of the Treaty establishing the European Community (TEC)), Article 101(1) TFEU (formerly Article 81(1) TEC) is not applicable to the following activities of a consortium:

  • the joint operation of liner shipping services;
  • capacity adjustments in response to supply and demand fluctuations;
  • the joint operation or use of port terminals;
  • any other activity ancillary to those listed above, which is necessary for their implementation, such as:
    1. the use of a computerised data exchange system;
    2. an obligation on members of a consortium to limit use in the relevant market or markets to vessels allocated to the consortium;
    3. an obligation on members of a consortium not to assign or charter space to other vessel-operating carriers in the relevant market or markets except with the prior consent of the other members of the consortium.

Hardcore restrictions

The exemption above does not apply to a consortium that, directly or indirectly, alone or together with other factors under the control of the parties, has the object to:

  • fix prices when selling liner shipping services to third parties outside the consortium;
  • limit the capacity or sales except for the previously mentioned exempted capacity adjustments;
  • allocate markets or customers.

Conditions for exemption

To qualify for the exemption, the combined market share of the consortium members in the relevant market in which the consortium operates must not exceed 30 %, calculated by reference to the total volume of goods carried by the members within or outside the consortium. 5. To qualify for the exemption, members of the consortium must have the right to withdraw, subject to a maximum period of notice of six months, without any penalty, financial or otherwise. In the case of a highly integrated consortium, the maximum period of notice can be extended to 12 months.

Background

This regulation builds on Regulation (EC) No 823/2000 which expired on 25 April 2010. Although the justifications for a block exemption for liner consortia are still valid, Regulation 906/2009 ensures a greater convergence with other existing block exemption regulations for horizontal cooperation whilst taking into account current market practices in the liner industry.

Key terms used in the act
  • Consortium: an agreement or a set of interrelated agreements between two or more vessel-operating carriers which provide joint international liner shipping services exclusively for the carriage of cargo relating to one or more trades.
  • Liner shipping: the transport of goods on a regular basis on a particular route or routes between ports and in accordance with timetables and sailing dates advertised in advance and available, even on an occasional basis, to any transport user against payment.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 906/2009

26.4.2010 – 25.4.2015

OJ L 256 of 29.9.2009

Maritime security: Ship and port facility security

Maritime security: Ship and port facility security

Outline of the Community (European Union) legislation about Maritime security: Ship and port facility security

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Maritime security: Ship and port facility security

Document or Iniciative

Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security [See amending act(s)].

Summary

The main objective of this regulation is to implement European Union (EU) measures aimed at enhancing the security of ships and port facilities in the face of threats of intentional unlawful acts.

The regulation is intended to provide a basis for the harmonised interpretation and implementation and EU monitoring of the special measures to enhance maritime security adopted by the Diplomatic Conference of the International Maritime Organisation (IMO) in 2002, which amended the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) and established the International Ship and Port Facility Security Code (ISPS Code).

The amendments to the SOLAS Convention and Part A of the ISPS Code are mandatory, but subject to interpretation. Part B of the Code consists of recommendations which the EU countries are called on to implement.

This regulation contains preventive measures and transposes the part of the SOLAS Convention on special measures to enhance maritime security and, at the same time, the ISPS Code, two of the cornerstones of maritime security at world level.

EU countries are required to communicate to the IMO, the Commission and the other EU countries the information requested and the special measures adopted to enhance maritime security under the SOLAS Convention.

Alongside this, each EU country must draw up the list of port facilities concerned on the basis of the port facility security assessments carried out and establish the scope of the measures taken to enhance maritime security. This list must be communicated to the other EU countries and to the Commission by 1 July 2004 at the latest.

EU countries must vigorously monitor compliance with the security rules by ships intending to enter an EU port, whatever their origin.

Security checks in the port may be carried out by the competent maritime security authorities of the EU countries, but also, as regards the international ship security certificate, by inspectors acting in the framework of port State control, as provided for in Directive 95/21/EC.

When a ship announces its intention to enter a port in an EU country, the competent maritime security authority of that country should demand that the information be provided at least 24 hours in advance or, if the voyage time is less than 24 hours, at the latest at the time the ship leaves the previous port or, if the port of call is not known, as soon as the port of call becomes known.

EU countries are required to designate a focal point for maritime security by 1 July 2004 at the latest. This authority should require each ship intending to enter port to provide, in advance, information concerning its international ship security certificate and the levels of safety at which it operates and has previously operated.

EU countries are required to apply the new security measures to international shipping and, by 1 July 2005, to Class A passenger ships operating domestic services.

After a security risk assessment, EU countries must decide the extent to which they will apply, by 1 July 2007, the provisions of this regulation to other categories of ships operating domestic services, their companies and the port facilities serving them.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 725/2004

19.5.2004

OJ L 129 of 29.4.2004

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 219/2009

20.4.2009

OJ L 87 of 31.3.2009

Related Acts

Commission Regulation (EC) No 324/2008 of 9 April 2008 laying down revised procedures for conducting Commission inspections in the field of maritime security [Official Journal L 98 of 10.4.2008].

The Commission carries out security inspections at port facilities and companies in EU countries. These inspections are prepared with assistance from the European Maritime Safety Agency and are conducted by inspectors from the EU countries. The Commission must send its inspection report within six weeks of the completion of an inspection. Such reports must detail the findings of the inspection and identify any non-conformity with Regulation (EC) No 725/2004 or Directive 2005/65/EC. They may also contain recommendations for corrective action. The EU country concerned must reply within three months, providing an action plan, specifying actions and deadlines, to remedy any identified shortcomings.

Maritime safety: marine equipment

Maritime safety: marine equipment

Outline of the Community (European Union) legislation about Maritime safety: marine equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Maritime safety: marine equipment

Document or Iniciative

Council Directive 96/98/EC of 20 December 1996 on marine equipment [See amending acts].

Summary

This Directive applies to equipment (Annex A) * for use:

  • on board a new European * ship, even if it was constructed outside of the EU;
  • on an existing European ship in order to replace equipment or to install additional equipment.

This Directive does not concern equipment placed on board a ship before its entry into force.

Conformity assessment

Member States appoint bodies responsible for assessing conformity of marine equipment (Annex B). This assessment aims at:

  • ensuring the quality of equipment before being placed on the market;
  • checking marine equipment when issuing or renewing the safety certificate.

Equipment conforming to European standards must bear a mark.

Where a vessel, which is to be transferred to the register of a Member State is not registered in the EU, that State carries out an inspection in order to establish the actual condition of the equipment and whether it complies with European standards.

Non-compliant equipment

If a piece of equipment may compromise the health and/or safety of the crew or passengers, or to damage the marine environment, the Member State responsible shall withdraw it from the market, prohibit or restrict its use.

Testing standards

Certain types of marine equipment require international testing standards to be adopted. In cases where international organisations do not adopt the standards within a reasonable timescale, the standards of European standardisation organisations may be applied.

Key terms
  • Marine equipment: any article which could be used on board a vessel, voluntarily or in accordance with international rules, and for which the administration of the flag State must give its authorisation. In particular, this relates to life saving, fire protection, navigation and radiocommunication equipment.
  • European vessel: any vessel for which safety certificates are issued by EU Member States or in their name.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 96/98/EC

1.1.1999

30.6.1998

OJ L 46, 17.2.1997

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 98/85/EC

28.11.1998

30.4.1999

OJ L 315, 25.11.1998

Directive 2002/84/EC

29.11.2002

23.11.2003

OJ L 324, 29.11.2002

Directive 2008/67/EC

21.7.2008

21.7.2008

OJ L 171, 1.7.2008

Regulation (EC) 596/2009

7.8.2009

OJ L 188, 18.7.2009

Successive amendments and corrections to Directive 96/98/EC have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Proposal for a directive of the European Parliament and of the Council on marine equipment and repealing Directive 96/98/EC [COM (2012) 772 final – Not published in the Official Journal].

Waterborne transport

Waterborne transport

Outline of the Community (European Union) legislation about Waterborne transport

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Waterborne transport

Waterborne transport covers maritime transport and inland navigation. The European Union encourages growth in maritime transport through a number of actions such as the modernisation of infrastructures or the harmonisation of equipment and procedures. Improving maritime safety and protecting the marine environment are also priorities.
The considerable potential of river transport has largely yet to be tapped. It offers the advantage of reducing the amount of traffic on roads. The EU is committed to breathing new life into the sector, particularly through the Naïades Action Programme.

OBJECTIVES AND BODIES

  • European maritime transport policy until 2018
  • Action plan for an integrated maritime policy
  • Programme for the promotion of short sea shipping
  • Maritime safety: European Maritime Safety Agency
  • Towards a European maritime transport space without barriers
  • Rights of passengers travelling by sea and inland waterway

INTERNAL MARKET

  • Freedom to supply services, competition, unfair pricing practices and free access to ocean trade
  • Freedom to provide maritime transport services
  • The insurance of shipowners for maritime claims
  • Freedom to provide services within the Member States (ocean trade)
  • Reporting formalities for ships
  • State aid to shipbuilding (I)
  • Maritime safety: registration of persons on board passenger ships
  • Transfer of cargo and passenger ships between registers within the EU
  • Statistical returns for carriage of goods and passengers by sea

PORT INFRASTRUCTURE

  • Port infrastructure: Green Paper
  • Port infrastructure: quality services in sea ports
  • Port facilities for ship-generated waste and cargo residues
  • LeaderSHIP 2015

EMPLOYMENT AND WORKING CONDITIONS

  • Strengthening of maritime labour standards
  • Organisation of seafarers’ working time
  • Organisation of hours of work on board ships using Community ports
  • Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas
  • Seafarer training and recruitment
  • Maritime safety: Minimum level of training of seafarers

MARITIME SAFETY

  • Maritime safety: port State control
  • Maritime safety: Loading and unloading of bulk carriers
  • Maritime safety: Committee on Safe Seas
  • Maritime safety: International Safety Management (ISM) Code
  • Maritime safety: Erika I package
  • Maritime safety: accelerated phasing-in of double-hull oil tankers
  • Maritime safety: organisations responsible for monitoring and inspecting vessels (recast)
  • Ship inspection and survey organisations: legal framework
  • Maritime safety: Erika II
  • Compliance with flag State requirements
  • Maritime safety: Community monitoring, control and information system for maritime traffic
  • Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers
  • Safety rules and standards for passenger ships
  • Maritime safety: system of mandatory surveys for regular ro-ro ferry and high-speed passenger craft services
  • Liability of carriers of passengers by sea in the event of accidents
  • Maritime safety: marine equipment
  • Satellite-based Vessel Monitoring System (VMS)

MARITIME TRANSPORT AND THE ENVIRONMENT

  • A strategy for better ship dismantling practices
  • Strategy to reduce atmospheric emissions from seagoing ships
  • Maritime safety: prohibition of organotin compounds on ships
  • Maritime safety: prevention of pollution from ships
  • Ship-source pollution and criminal penalties
  • Maritime safety: Bunkers Convention
  • Maritime safety: compensation fund for oil pollution damage

NAVIGATION OF INLAND WATERWAYS

  • Promotion of inland waterway transport “NAIADES”
  • Inland navigation: structural improvements
  • Inland navigation: Community-fleet capacity policy
  • Inland navigation: reciprocal recognition of national boatmasters’ certificates for inland waterway navigation
  • Inland navigation: non-resident carriers
  • Inland navigation: harmonisation of conditions for obtaining national boatmasters’ certificates
  • Inland navigation: transport of goods or passengers by inland waterway between Member States
  • Inland navigation: conditions attached to chartering and pricing
  • Inland waterways: River information services
  • Technical requirements for inland waterway vessels
  • Inland transport of dangerous goods

MARITIME SECURITY

  • Maritime security: Ship and port facility security
  • Port infrastructure: enhancing port security

Maritime safety: prevention of pollution from ships

Maritime safety: prevention of pollution from ships

Outline of the Community (European Union) legislation about Maritime safety: prevention of pollution from ships

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Water protection and management

Maritime safety: prevention of pollution from ships

Document or Iniciative

Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships.

Summary

This Directive aims to improve the implementation of Community legislation on maritime safety, on the prevention of pollution from ships and on shipboard living and working conditions.

The Directive is closely linked to Regulation 2002/2099/EC establishing a Committee on Safe Seas and the Prevention of Pollution from Ships and amending the Regulations on maritime safety and the prevention of pollution from ships.

The aim is to simplify the committee procedures through the replacement of the various committees set up under the Community legislation on maritime safety and the prevention of pollution from ships with a single committee to be known as the Committee on maritime safety and the prevention of pollution from ships.

At the same time, the Directive will seek to speed up and simplify the incorporation of international rules into Community legislation.

This Directive amends the following Directives:

  • Directive 94/57/EC;
  • Directive 95/21/EC;
  • Directive 96/98/EC;
  • Directive 97/70/EC;
  • Directive 98/18/EC;
  • Directive 98/41/EC;
  • Directive 99/35/EC;
  • Directive 2000/59/EC;
  • Directive 2001/25/EC;
  • Directive 2001/96/EC.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2002/84/EC [adoption: codecision COD/2000/0237] 29.11.2002 23.11.2003 OJ L 324 of 29.11.2002

Related Acts

Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations [OJ L 319 of 12.12.1994].

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) [OJ L 157 of 07.07.1995].

Council Directive 96/98/EC of 20 December 1996 on marine equipment [OJ L 46 of 17.02.1997].

Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over [OJ L 34 of 09.02.1998].

Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships [OJ L 144 of 15.05.1998].

Council Directive 98/41/EC of 18 June 1998 on the registration of persons on board passenger ships operating to or from ports of the Member States of the Community [OJ L 188 of 02.07.1998, p. 35].

Council Directive 199/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services [OJ L 138 of 01.06.1999].

Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues [OJ L 332 of 28.12.2000].

Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers [OJ L 136 of 18.5.2001].

Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers [OJ L 13 of 16.01.2002].

Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC [OJ L 208 of 05.08.2002].

Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships [OJ L 324 of 29.11.2002].

 

Strategy to reduce atmospheric emissions from seagoing ships

Strategy to reduce atmospheric emissions from seagoing ships

Outline of the Community (European Union) legislation about Strategy to reduce atmospheric emissions from seagoing ships

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Strategy to reduce atmospheric emissions from seagoing ships

Document or Iniciative

Communication from the Commission to the European Parliament and the Council, of 20 November 2002, “A European Union strategy to reduce atmospheric emissions from seagoing ships” [COM (2002) 595 final, Volume I – Not published in the Official Journal].

Summary

The strategy includes the above communication and a Directive on the sulphur content of marine fuels (see Related acts below).

Impact on environment and health

Emissions from seagoing ships include air pollutants, greenhouse gases and ozone-depleting substances entailing risks for human health and the environment. Sulphur dioxide (SO2) and nitrogen oxide (NOx) emissions from ships are responsible for acid deposition, which can be harmful to the environment, as well as particulate matter harmful to health. NOx and volatile organic compound (VOC) emissions contribute to the formation of ground-level ozone harmful to health and to the environment. NOx emissions contribute to environmentally damaging eutrophication. Carbon dioxide (CO2) emissions contribute to climate change. Halon emissions damage the ozone layer.

The communication contains a table showing emissions of air pollutants and greenhouse gases from ships in Community waters in 2000 as well as projected emissions for 2010 and their environmental impact. Other figures show ships’ SO2 emissions in EU sea areas, the contributions of ships’ SO2 and NOx emissions to critical loads of acidity being exceeded, the role of NOx and COV emissions in the concentration of ground-level ozone in Europe and the role of ships’ emissions of NOx in exceeding the critical loads of nutrient nitrogen.

Preventive measures deployed

At the international level, Annex VI of the MARPOL Convention (adopted by the International Maritime Organisation in 1997, but not yet in force) sets regulations for the prevention of air pollution by ships. The Kyoto Protocol also calls for the reduction of greenhouse gas emissions from ships.

To date, the bulk of Community legislation on atmospheric emissions does not apply to ships. As a result, in the European Union, ship emissions are higher than other land-based transport emissions. For example, by 2010, SO2 emission from ships in European waters are likely to account for 75% of all emissions from EU land-based sources. There are, however, a number of Community measures requiring the Commission to take action on ship emissions:

  • Directive 2001/81/EC on national emission ceilings for certain atmospheric pollutants commits the Commission to report on the extent to which emissions from maritime traffic contribute to acidification, eutrophication and the formation of ground-level ozone;
  • Directive 1999/32 relating to a reduction in the sulphur content of certain liquid fuels sets sulphur limits for marine distillate oil used in EU territorial waters;
  • Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations [Official Journal L 365 of 31.12.1994] provides that the Commission must consider extending the scope of the Directive to include the loading and unloading of ships;
  • Regulation (EC) No 2037/2000 on substances that deplete the ozone layer bans the marketing and use of ozone-depleting substances in the EU;
  • The Clean Air for Europe (CAFE) Programme tackles all sources of atmospheric emissions;
  • The sixth Environment Action Programme: one of the objectives of 6EAP is to achieve levels of air quality that do not have unacceptable effects on human health and the environment, and to stabilise greenhouse gases emissions in order to prevent unnatural variations of the earth’s climate.

In recent years, economic instruments have been introduced in some countries and ports around the world to encourage ships to reduce their atmospheric emissions. These include differential taxes on marine fuels, differentiated port and fairway dues, and differentiated tonnage taxes.

Strategy objectives and actions

The objectives of the strategy are:

  • to reduce ships’ emissions of SO2 where they contribute to critical loads for acidification being exceeded, and where they affect local air quality;
  • to reduce ships’ emissions of NOx where they contribute to critical loads for acidification and eutrophication being exceeded, and build-ups of ground-level ozone which affect health and the environment;
  • to reduce ships’ emissions of primary particles where these affect local air quality;
  • to reduce ships’ emissions of VOCs where these contribute to build-ups of ground-level ozone which affect health and the environment;
  • to reduce ships’ emissions of CO2;
  • to eliminate emissions of ozone-depleting substances from all ships operating in EU waters.

The communication outlines a number of actions to achieve these objectives, including:

  • coordinating the positions of EU Member States within the International Maritime Organisation (IMO) to press for tougher measures to reduce ship emissions. The entry into force of MARPOL Annex VI setting regulations for the prevention of air pollution from ships is a fundamental aspect of the strategy;
  • adopting the proposal for a Directive amending Directive 1999/32/EC to limit the sulphur content of marine fuels (see Related acts below);
  • amending Directive 97/68/EC on NOx and PM emissions standards from non-road engines;
  • if the IMO has not proposed tighter international standards by 2007, to bring forward a proposal to reduce NOx emissions from seagoing vessels;
  • to remove, by 2010, the exemption which permits the use of halon on board existing cargo ships operating in EU waters;
  • although measures are not needed at the moment, to re-examine the possibility of proposing legislation in future to reduce VOC emissions from ship-loading;
  • to examine the use of a set of economic instruments providing incentives to reduce ships’ atmospheric emissions beyond regulatory requirements;
  • to launch a charging regime on the basis of ships’ environmental performance to benefit the least damaging;
  • to fund research into low-emission ship technologies;
  • to organise conferences on best practice in the field of ship emission reduction technologies.

Related Acts

Commission Recommendation 2006/339/EC of 8 May 2006 on the promotion of shore-side electricity for use by ships at berth in Community ports [Official Journal L 125 of 12.5.2006]

The Commission stresses that, if the present trend continues, maritime transport could be responsible for more pollution than land-based sources by 2020. It recommends Member States to install shore-side electricity for use by ships at berth in ports and to offer economic incentives to operators to use such electricity. According to experts, the supply of electricity to berths would significantly reduce emissions of particulate matter, VOCs, NOx and SO2. The Commission calls on Member States to work within the IMO to promote the development of harmonised international standards for shore-side electrical connections.


Directive 2005/33/EC

of the European Parliament and of the Council of 6 July 2005 amending Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels [Official Journal L 191 of 22.07.2005]
This Directive extends the scope of Directive 1999/32/EC to all petroleum-derived liquid fuels used by ships operating within Member States’ waters. It provides for measures such as abolishing existing derogations for marine gas oils, enforcing the 1.5% limit on sulphur content in Emission Control Areas as defined by the International Maritime Organisation, applying the same limit to all passenger ships operating on schedules services to or from any Community port, requiring all ships at berth in Community ports to use a fuel with a sulphur content not exceeding 0.1%, and allowing the use of approved emission abatement technologies as an alternative to using low-sulphur marine fuels.

Programme for the promotion of short sea shipping

Programme for the promotion of short sea shipping

Outline of the Community (European Union) legislation about Programme for the promotion of short sea shipping

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Tackling climate change

Programme for the promotion of short sea shipping

Document or Iniciative

Communication from the Commission: Programme for the Promotion of Short Sea Shipping [COM(2003) 155 final – Not published in the Official Journal].

Summary

The White Paper on European transport policy for 2010 highlights the role that short sea shipping can play in curbing the growth of heavy goods vehicle traffic, rebalancing the modal split and bypassing land bottlenecks. The development of short sea shipping can also help to reduce the growth of road transport, restore the balance between modes of transport, bypass bottlenecks and contribute to sustainable development and safety.

The Commission’s programme contains a set of 14 actions subdivided into measures, and mentions the actors responsible and the timetable (2003-2010) for each measure. The programme describes legislative, technical and operational initiatives which are aimed at developing short sea shipping at EU, national, regional and industry levels.

The legislative actions consist of:

  • implementation of the Directive on reporting formalities for ships arriving in and/or departing from ports of EU countries – this directive simplifies the administrative procedures applied to maritime transport by requiring EU countries to recognise the standard International Maritime Organisation (IMO) FAL forms which make it possible to obtain all the necessary information regarding a ship’s arrival and departure in document form. This directive on reporting formalities has now been replaced by Directive 2010/65/EU which establishes a standard electronic transmission of data;
  • implementation of the Marco Polo programme – the Marco Polo and Marco Polo II programme, with an average annual budget of €18.75 million, is aimed at shifting 12 billion tonne-kilometres a year of road freight to short sea shipping, rail and inland waterways;
  • standardisation and harmonisation of intermodal loading units – the multitude of different configurations of intermodal loading units (containers and swap-bodies) creates delays when moving from one mode of transport to another;
  • development of ‘motorways of the sea’ – motorways of the sea should make it possible to bypass land bottlenecks in Europe as part of comprehensive door-to-door logistics chains, by offering efficient, regular and frequent services that can compete with road, particularly in terms of transit time and price;
  • improvement of the environmental performance of short sea shipping – maritime transport is, in general, less harmful to the environment per tonne or passenger carried. A modal shift to short sea shipping could, for example, contribute to fulfilling the objectives of the Kyoto Protocol;

The technical actions consist of:

  • a guide to customs procedures for short sea shipping – the Commission has published a guide to customs procedures for short sea shipping which has a dual purpose: firstly, to explain the customs rules, indicating opportunities for using simplified procedures (the basis for the second objective) and, secondly, to identify specific needs for further simplification;
  • identification and elimination of obstacles to making short sea shipping more successful – since 1999 the Commission has been making a list of the factors hampering the development of short sea shipping. These obstacles can be classified into five categories: its old-fashioned image, its complex administrative procedures, the lack of efficiency at ports, inconsistency in the application of rules and procedures among EU countries and the fact that it is not integrated into the intermodal logistics chain;
  • alignment of the national application and computerisation of EU customs procedures – the ‘eCustoms’ initiative is aimed at speeding up and simplifying the procedures involved in declaring cargo. One of the first tasks in this initiative is to implement the New Computerised Transit System (NCTS), which will replace the paperwork required by the Single Administrative Document (SAD) procedure, in some 3 000 customs offices in 22 countries;
  • research and technological development – the objectives of this research are to improve the quality, safety, security and environmental performance of maritime transport. A thematic network for short sea shipping has been established within the framework of the Sixth Framework Programme, to carry out research directly related to short sea shipping.

The operational actions consist of:

  • One-Stop Administrative Shops in ports – aimed at simplifying the formalities relating to the arrival, departure and clearance of ships. A ‘one-stop shop’ limits the number of administrative authorities boarding and checking every ship, as well as offering port users a single contact point or help-desk for administrative formalities;
  • ensuring the vital role of Short Sea Shipping Focal Points – it is necessary to ensure continuous cooperation between the focal points and the Commission by organising regular meetings and also to ensure a continuous flow of information via the internet-based tool ‘CIRCA’ (Communication and Information Resource Centre Administrator). The accession countries also need to be involved in this work in order to raise their awareness of the importance of short sea shipping;
  • maintaining the efficient operation and guidance of Short Sea Promotion Centres – these centres are driven by business interests and offer a practical tool to promote short sea shipping at a national level. The national centres are presently being integrated into the European Short Sea Network (ESN) which provides a common tool for the promotion of short sea shipping in Europe. The aim of this network is to exchange information and best practices and also to provide practical advice covering the various stages of a short-sea journey;
  • promoting the image of short sea shipping as a successful transport alternative – short sea shipping needs to acquire a more modern, dynamic image by highlighting its current potential, i.e. its speed, reliability, flexibility, regularity and high degree of cargo safety;
  • collection of statistical information – EU statistics on short sea shipping trade are not sufficiently detailed. The objective is to collect information on short sea shipping from the European Sea Ports Organisation (ESPO) until the directive on maritime statistics provides sufficient information to enable comparisons to be made.

Promotion of inland waterway transport NAIADES

Promotion of inland waterway transport NAIADES

Outline of the Community (European Union) legislation about Promotion of inland waterway transport NAIADES

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Tackling climate change

Promotion of inland waterway transport “NAIADES”

Document or Iniciative

Communication from the Commission of 17 January 2006 on the promotion of inland waterway transport “NAIADES”: “an Integrated European Action Programme for Inland Waterway Transport” [COM(2006) 6 final – not published in the Official Journal].

Summary

In the view of the European Union, economic competitiveness depends in part on transport systems. Its goal is to achieve transition to less energy-intensive, cleaner and safer transport modes. Inland waterway transport is an ideal choice in this respect.

This communication sets out an integrated action programme, and the European Institutions, the Member States and the inland waterway sector are invited to contribute actively to its implementation.

Inland waterway transport is booming

The Commission’s European Transport White Paper sets out to achieve economic competitiveness and sustainable mobility in the medium term. The Commission considers that inland waterway transport can contribute to the sustainability of the transport system.

Inland navigation has undergone significant expansion in the last twenty years. It would also appear that inland navigation is the most environmentally-friendly mode of land transport.

The Commission believes that growth in inland navigation may lead to a reduction in transport costs, which would favour the setting up of businesses. However, employment within the navigation sector could also be developed more. In the view of the Commission, inland navigation infrastructure is not being used at full capacity.

The difficulty in this sector arises from the fragmented market structure, which is chiefly made up of SMEs and where fierce competition restricts reinvestment ability. There is also a shortage of labour and a lack of staff within businesses.

The Commission deplores the fact that transport and logistics firms and public authorities are unaware of the advantages of inland waterway transport.

The institutional framework for inland navigation in Europe is fragmented and ineffective in terms of the use of administrative resources and attention at the political level, creating a complex environment for businesses.

Aims of the Action Programme

This programme is entitled “NAIADES” (Navigation and Inland Waterway Action and Development in Europe), for a global Inland Waterway Transport (IWT) policy. This action programme focuses chiefly on five inter-dependent areas.

  • Markets. Although IWT was developed in Western Europe, the aim is to extend these inland navigation services to new growth markets such as the transport of dangerous goods, vehicles, indivisible loads, or even refuse and recycling. The Commission hopes to encourage new multimodal services, which would require close cooperation with freight forwarders, affected businesses and the ports. However, in this sector so deserving of encouragement, problems related to access to capital are restricting financing capacity. Access to capital can be improved by tax incentives, particularly for the most affected operators, namely SMEs (small and medium-sized enterprises). To promote the prosperity of the IWT sector, efforts must also be made to enhance and simplify the administrative and regulatory frameworks.
  • Fleet. The advantages of IWT for transport and environment policy should result in investments being channelled into the vital modernisation and development of the sector. Maintaining good performances from an environmental point of view requires the use of new technologies, and in particular research into commercially viable alternative fuels. Safety, already exemplary in IWT, could be improved further. The legal framework should be enhanced so that new technologies can be implemented more quickly.
  • Jobs and skills. There is a severe shortage of labour in the sector. The Commission hopes to attract labour by offering to improve working and social conditions through a constructive social dialogue at European level. As regards the validity of professional qualifications, the paper proposes the mutual recognition of such qualifications throughout the European Union. It is also necessary to guarantee the existence of educational establishments in the sector by adapting training to current needs.
  • Image. It would be useful from the Commission’s point of view if general awareness and knowledge of the real potential of the sector in terms of quality and reliability were improved. Promoting the sector would ideally result in the coordination of promotion activities by all the actors concerned. The European IWT promotion and development network is already in existence in some Member States. This network provides businesses with up-to-date information. The opening of promotion centres and other national focal points should make it possible to develop the network. The dissemination of such information is essential for businesses, economic and political decision-makers and the authorities in anticipating market trends. National administrations should try to make such statistics available in a more effective manner. The Commission, professional organisations and the Central Commission for navigation on the Rhine are currently drawing up a European system for the observation of the market.
  • Infrastructure. Bottlenecks affect the 36 000 km of inland waterways, restricting their use and reducing their competitiveness. Eliminating these bottlenecks is a priority in the establishment of effective and environmentally-friendly IWT. In the view of the Commission, funding opportunities could emerge in the long term on the basis of a framework for infrastructure charging for all transport modes. The programme places the emphasis on information exchanges relating to traffic management and the monitoring of dangerous goods by the regulatory authorities. River Information Services will enhance the competitiveness and safety of IWT.

The programme makes provision for a range of activities that cannot have an effect if they are not implemented in a coherent manner. Unfortunately, the organisational structure of the IWT sector is characterised a fragmentation of resources and legal provisions. The viability of the objectives established by the Commission in this action programme depends on the discussion of different options:

  • the strengthening of cooperation between the international river commissions and the European Commission as established in the area of technical requirements for vessels. However, this perpetuates the fragmentation of rules, as different legal provisions apply in a number of different geographical regions of the EU;
  • the accession of the European Commission to the Rhine and the Danube Commissions would strengthen the Community’s participation beyond its current observer status. No political agreement has been reached on this approach;
  • the creation of an intergovernmental Pan-European Inland Navigation Organisation, on the basis of a new international convention. This option would raise the political profile of IWT but would also generate an administrative burden with the addition of a new institutional layer and the harmonisation of the entire existing legal framework;
  • the development of IWT within the Community. The Community is in a position to develop this strategic and comprehensive policy for the single market. At the same time, IWT in Europe has connections with third countries (Switzerland, Croatia, Serbia and Montenegro, Romania, Bulgaria, Moldova, Ukraine and Russia), whose interest must be taken into account.

Background

Over 35 000 km of waterways link hundred of towns and areas of industrial concentration. Since 1 January 1993, inland waterway transport has also benefited from the liberalisation of cabotage, the main effect of which has been the end of the rota system which prevented companies employing these services from having a free choice of carrier. The Commission underlines the need to implement a common transport policy that is safe, effective, competitive, conscious of social concerns and environmentally-friendly. With this aim in mind, it is adopting this communication on the promotion of inland waterway transport. Inland waterways play an important part in the transport of goods in Europe. The various measures and actions indicated in this programme will be further elaborated following deliberation in the Council and Parliament. The Commission will present, if appropriate, legislative proposals and implement the policy measures. The time frame for the implementation of the plan is the period 2006 – 2013.

Related Acts

Communication from the Commission of 5 December 2007: “First progress report on the implementation of the NAIADES Action Programme for the promotion of inland waterway transport” [COM(2007) 770 final – Not published in the Official Journal].
Since the NAIADES Action Programme was set up, the general perception of inland waterway transport has been strengthened.The Commission identifies the European legislation adopted since the Communication was adopted and undertakes to maintain the momentum created by the initiative. It intends to take action in various areas, such as:

  • financing, by setting up an innovation fund for inland waterway transport;
  • human resource issues, by adopting, for example, specific provisions on working time and professional qualification requirements;
  • the regulatory and administrative framework, in order to foster a favourable commercial environment;
  • infrastructures, by preparing an indicative development plan to improve and maintain inland waterways and internal ports, taking into account the European Port Policy and environmental requirements;
  • organisational assistance, by creating a platform of all interested stakeholders (Member States, river commissions, industry, etc.) in the shape of an IWT “think-tank”.

Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport [Official Journal L 90 of 2.4.1999].

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 1 December 1998 – The common transport policy: “Sustainable mobility: Perspectives for the future” Commission Opinion [COM(1998) 716 final – Not published in the Official Journal].

Freedom to supply services, competition, unfair pricing practices and free access to ocean trade

Freedom to supply services, competition, unfair pricing practices and free access to ocean trade

Outline of the Community (European Union) legislation about Freedom to supply services, competition, unfair pricing practices and free access to ocean trade

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in transport

Freedom to supply services, competition, unfair pricing practices and free access to ocean trade

Document or Iniciative

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 [See amending acts]

Summary

Four Regulations, Nos 4055/86, 4056/86, 4057/86 and 4058/86, set out to apply the principles of freedom to provide services, competition, and free access to the market in sea transport. Another Regulation, No 3577/92, deals specifically with freedom to provide services in sea transport within Member States (” maritime cabotage “).

Regulation (EEC) No 4055/86: Freedom to provide services

The Regulation gives Member State nationals (and non-Community shipping companies using ships registered in a Member State and controlled by Member State nationals) the right to carry passengers or goods by sea between any port of a Member State and any port or off-shore installation of another Member State or of a non-Community country.

Any current national restrictions which reserve the carriage of goods to vessels flying the national flag are to be phased out.

Existing cargo sharing arrangements in bilateral agreements with non-Community countries are to be adjusted or phased out according to this Regulation.

Cargo sharing arrangements in future bilateral agreements with non-member countries will be limited to those Member States whose shipping companies would not otherwise have an opportunity to ply for trade to and from the particular non-member country.

The Regulation lays down a procedure for cases where Member State shippers have no effective opportunity to ply for trade to and from a particular non-Community country.

It allows the extension of the benefits of the Regulation to non-Community nationals established in the Community.

Regulation No 3573/90 inserts a clause providing for the adjustment of agreements concluded by the former German Democratic Republic.

Regulation (EEC) No 4056/86: Application of the competition rules in maritime transport

The Regulation defines the following terms:

  • “tramp vessel services”: the transport of goods without a regular timetable where the freight rates are freely negotiated case by case in accordance with supply and demand;
  • “liner conference”: a group of carriers who provide international liner services for the carriage of cargo within specified geographical limits and who agree to charge uniform or common freight rates and to apply any other agreed terms for the provision of liner services;
  • “transport user”: a firm that has entered into, or demonstrates an intention to enter into, a contractual or other arrangement with a conference or shipping line.

The Regulation lays down the rules for applying Articles 81 and 82 of the Treaty (free competition) to maritime transport. The transport must be between one or more Community ports, and tramp vessel services are excluded.

Technical agreements whose sole object is to achieve technical improvements or cooperation are exempted by the Regulation from the prohibition in Article 81(1) of the Treaty.

Restrictive practices engaged in by members of one or more liner conferences are exempted from the prohibition in Article 81(1), on certain conditions, in so far as they seek to coordinate shipping timetables, determine the frequency of sailing, allocate sailings among members of the conference, fix rates and conditions of carriage, regulate carrying capacity, or allocate cargo or revenue among members.

Regulation No 1/2003 provides for a changeover from a centralised system of prior notification to a directly applicable exception scheme: competition law is now to be enforced by any competition authority, including the Commission, and by the courts of the Member States.

Regulation (EEC) No 4057/86: Unfair pricing in maritime transport

This Regulation enables the EC to apply compensatory duties in order to protect shipowners in Member States from unfair pricing practices on the part of non-Community shipowners.

The Regulation defines the injury that can be taken into consideration, e.g. a reduction in the shipowner’s market share or profits or in employment.

It lays down a procedure for complaints, consultations, and subsequent investigations.

It allows compensatory duties to be imposed on foreign shipowners. These follow an investigation which demonstrates that injury has been caused by unfair pricing and that the interests of the Community make intervention necessary.

Regulation (EEC) No 4058/86: Free access to ocean trades

This Regulation applies when action by a non-Community country or by its agents restricts free access to the transport of liner cargoes, bulk cargoes or other cargoes by shipping companies of Member States or by ships registered in a Member State, except where such action is taken in conformity with the UN Liner Code.

The Regulation defines the expressions “home trader” and “cross-trader”.

It provides for coordinated action by the Community following a request made by a Member State to the Commission. Such action might include diplomatic representation to non-Community countries and countermeasures directed at the shipping companies concerned.

Similar coordinated action can be taken at the request of another country belonging to the Organisation for Economic Cooperation and Development (OECD) with which a reciprocal arrangement has been concluded.

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 4055/86 01.01.1987 OJ L 378 of 31.12.1986
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 4056/86 01.07.1987 OJ L 378 of 31.12.1986
Regulation (EEC) No 4057/86 01.07.1987 OJ L 378 of 31.12.1986
Regulation (EEC) No 4058/86 01.07.1987 OJ L 378 of 31.12.1986
Regulation (EEC) No 3573/90 17.12.1990 OJ L 353 of 17.12.1990

This summary is for information only and is not designed to interpret or replace the reference document which remains the only legally binding document.