1978D0774 — EN — 13.04.1989 — 001.001 — 1
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►B COUNCIL DECISION
of 19 September 1978
concerning the activities of certain third countries in the field of cargo shipping
(78/774/EEC)
(OJ L 258, 21.9.1978, p. 35)
Amended by:
OfficialJournal
No page date
►M1 CouncilDecision 89/242/EEC of 5 April1989 L 97 47 11.4.1989
1978D0774 — EN — 13.04.1989 — 001.001 — 2
▼B
COUNCIL DECISION
of 19 September 1978
concerning the activities of certain third countries in the field of
cargo shipping
(78/774/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 84 (2) thereof,
Having regard to the draft Decision submitted by the Commission,Having regard to the opinion of the European Parliament (
1),
Having regard to the opinion of the Economic and SocialCommittee (2),
Whereas information systems should be established to enable the
Community institutions to be kept informed of the activities of the fleetsof third countries whose practices are harmfulto the shipping interestsof the Member States and in particular in so far as these activitiesadversely affect the competitive participation of the fleets of MemberStates in internationalmaritime trade; whereas these informationsystems must facilitate consultation at Community level;
Whereas the possibility should be provided for for the necessary meas-
ures to be adopted at Community level for the joint exercise by MemberStates of their powers to adopt counter-measures in respect of the cargoshipping activities of certain third countries,
HAS ADOPTED THIS DECISION:
Article 1
1. Each Member State shall take all the necessary measures to insti-
tute a system allowing it to collect information on the activities of thefleets of third countries whose practices are harmful to the shippinginterests of the Member States and in particular in so far as theseactivities adversely affect the competitive participation of the fleets ofMember States in internationalmaritime trade.
2. This system must enable each Member State, to the extent neces-
sary to attain the objectives referred to in paragraph 1, to collectinformation on:
— the level of cargo shipping services offered,— the nature, volume, value, origin and destination of goods loaded or
unloaded in the Member States concerned by the ships engaged inthese services, and
— the level of tariffs charged for such services.
Article 2
▼
M1
1. The Council, acting by qualified majority, shall decide to whichthird countries’ fleets the information system shall be jointly applied.
▼
B
2. The Decision referred to in paragraph 1 shall specify the type ofcargo shipping to which the information system is to apply, the date ofits introduction, the intervals at which the information is to be providedand which of the types of information listed in Article 1 are to becollected.
(1) OJ No C 131, 5. 6. 1978, p. 40.
(2) Opinion delivered on 1 June 1978 (not yet published in the Official
Journal).
1978D0774 — EN — 13.04.1989 — 001.001 — 3
▼B
3. Each Member State shall forward to the Commission, periodically
or at the request of the latter, the information produced by its informa-tion system.
4. The Commission shall collate the information for the Community
as a whole. Article 4 of Council Decision 77/587/EEC of 13 September1977 setting up a consultation procedure on relations between MemberStates and third countries in shipping matters and on action relating tosuch matters in internationalorganizations (
1) shall apply to that infor-
mation.
Article 3
The Member States and the Commission shall examine regularly, within
the framework of the consultation procedure established by Decision77/587/EEC and on the basis inter alia of the information produced by
the information system referred to in Article 1, the activities of thefleets of the third countries specified in the Decisions referred to inArticle 2.
Article 4
The Council, acting unanimously, may decide on the joint application
by Member States, in their relations with a third country or group ofthird countries regarding which a Decision referred to in Article 2 hasbeen adopted, of appropriate counter-measures forming part of theirnational legislation.
Article 5
The Member States shall retain the right to apply unilaterally their
nationalinformation systems and counter-measures.
Article 6
The Member States shall, as soon as possible and at the latest by 31
December 1978, after consulting the Commission, adopt the laws, regu-lations and administrative provisions necessary to implement thisDecision.
Article 7
This Decision is addressed to the Member States.
(1) OJ No L 239, 17. 9. 1977, p. 23.