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Opinion of the Committee of the Regions on the Proposal for a Directive of the European Parliament and of the Council on market access to port services

and the

White Paper on the review of Regulation 4056/86, applying the EC competition rules to maritime transport

(2005/C 231/04)

THE COMMITTEE OF THE REGIONS,

Having regard to the Proposal for a Directive of the European Parliament and of the Council on market access to port services (COM(2004) 654 final; 2004/0240 (COD)) and the White Paper on the review of Regulation 4056/86 applying the EC competition rules to maritime transport (COM(2004) 675 final);

Having regard to the decision of the Council of 2 December 2004, to consult it on this subject, under the first paragraph of Article 265 and Article 80 of the Treaty establishing the European Community;

Having regard to the decision of its president of 3 November 2004 to instruct its Commission for Territorial Cohesion Policy to draw up an opinion on this subject;

Having regard to the Communication from the Commission to the European Parliament and the Council on Reinforcing quality service in sea ports: A key for European transport and the Proposal for a Directive of the European Parliament and of the Council on Market access to port services (COM(2001) 35 final) and the Amended Proposal for a Directive of the European Parliament and of the Council on Market access to port services (presented by the Commission pursuant to Article 250(2) of the EC Treaty (COM(2002) 101 final));

Having regard to its opinion of 20 September 2001 on the Communication from the Commission to the European Parliament and the Council on Reinforcing quality service in sea ports: A key for European transport (CdR 161/2001 fin) (1);

Having regard to the opinion of the European Economic and Social Committee of 29 September 2001 on the Proposal for a Directive of the European Parliament and of the Council on Market access to port services (CES 1495/2001);

Having regard to the Report of the Standing Committee of the EFTA States of 2 May 2002 on the Proposal for a Directive of the European Parliament and of the Council on market access to port services;

Having regard to the Joint text of 22 October 2003, approved by the Conciliation Committee provided for in Article 251(4) of the EC Treaty, on the Directive of the European Parliament and of the Council on market access to port services (PE-CONS 3670/03 — C5-0461/2003 — 2001/0047 (COD));

Having regard to the Report, of 4 November 2003, of the European Parliament Delegation in the Conciliation Committee on the Joint text approved by the Conciliation Committee on the Directive of the European Parliament and of the Council on Market access to port services (A5-0364/2003);

Having regard to its opinion of 29 September 2004 (CdR 163/2004 fin) (2) on the Proposal for a Directive of the European Parliament and of the Council on Enhancing port security (COM(2004) 76 final);

Having regard to Commission Directive 2000/52/EC of 26 July 2000 amending Directive 80/723/EEC on the Transparency of financial relations between Member States and public undertakings;

Having regard to Council Regulation (EEC) No. 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 [now Articles 81 and 82] of the Treaty to maritime transport, last amended by Regulation 1/2003 of 16 December 2002;

Having regard to the Presidency Conclusions of the Lisbon European Council, held on 23 and 24 March 2000, in which the Commission is urged to ‘speed up liberalisation in areas such as gas, electricity, postal services and transport’;

Having regard to the White Paper of 12 September 2001 on European transport policy for 2010: Time to decide (COM(2001) 370 final);

Having regard to Commission Regulation No. 823/2000 of 19 April 2000 on the Application of Article 81(3) of the EC Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia);

Having regard to Council Regulation (EC) No. 1/2003 of 16 December 2002 on the Implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty;

Having regard to the Report of the OECD Secretariat of 16 April 2002 on Competition policy in liner shipping;

Having regard to the European Commission's consultation paper of March 2003 on the Review of Regulation 4056/86 on the detailed application of Articles 81 and 82 of the Treaty to maritime transport;

Having regard to the comments received in respect of the European Commission's consultation paper on the review of Regulation 4056/86;

Having regard to the Report of the Erasmus University in Rotterdam, dated 12 November 2003, on the assistance which it provided in processing the comments received by the Commission in respect of its consultation paper on the review of Regulation 4056/86;

Having regard to the European Commission's discussion paper, drawn up in December 2003, on the review of Regulation 4056/86;

Having regard to the European Liner Affairs Association (ELAA) Paper on the Review of Regulation 4056/86: Proposals for a new regulatory structure, dated 6 August 2004;

Having regard to the draft opinion (CdR 485/2004 rev.1) adopted by its Commission for Territorial Cohesion Policy on 4 February 2005 (Rapporteur: Mr Rolf Harlinghausen, Member of the Europe Committee of the Hamburg Parliament (DE/EPP);

Whereas:

adopted the following opinion at its 59th plenary session of 13-14 April 2005 (meeting of 13 April):

I.   Proposal for a Directive of the European Parliament and of the Council on Market access to port services

1.   General comments made by the Committee of the Regions

THE COMMITTEE OF THE REGIONS

Individual aspects of the proposal for a Directive

THE COMMITTEE OF THE REGIONS

2.   Recommendations by the Committee of the Regions

THE COMMITTEE OF THE REGIONS

II.   White Paper on the review of Regulation (EEC) No. 4056/86 applying the EC competition rules to maritime transport

3.   General comments made by the Committee of the Regions

THE COMMITTEE OF THE REGIONS

4.   Recommendations made by the Committee of the Regions

THE COMMITTEE OF THE REGIONS

Brussels, 13 April 2005

The President

of the Committee of the Regions

Peter STRAUB

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(1)OJ C 19 of 22.1.2002, p. 3

(2)OJ C 43 of 18.2.2005, p. 26

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