No C 212/4 Official Journal of the European Communities 23.8.85 
Article 5 
1. If the Council has not adopted the proposal on 
coordinated action within a period of two months, 
Member States may apply national counter-measures 
unilaterally or as a group, if the situation so requires. 
2. However, Member States may, in cases of urgency, 
take the necessary national counter-measures on a pro­
visional basis even within the two month period as set 
out in paragraph 1. 
3. National counter-measures taken in pursuance of 
this Article shall be notified immediately to the 
Commission and to the other Member States. 
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 Regulation submitted by the 
Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, within the Community, the principle of 
freedom to provide services does not yet apply to 
shipping: 
Whereas the abolition as between Member States of 
obstacles to the free movement of services is laid down 
by Article 3 of the Treaty as one of the activities of the 
Community; 
Whereas in accordance with Article 61 of the Treaty 
freedom to provide services in the field of maritime 
transport is to be governed by the provisions of the Title 
relating to transport; 
Whereas the application of this principle within the 
Community is also a necessary condition for effectively 
pursuing in relation to third countries a policy aiming at 
safeguarding to the maximum extent possible the 
continuing application of commercial principles in 
shipping; 
Whereas Council Regulation (EEC) No 954/79 (x) 
preserves, inter alia, within conferences competitive 
O OJ No L 121, 17. 5. 1979, p. 1. Article 6 
During the period in which the counter-measures are to 
apply the Member States and the Commission shall 
consult each other in accordance with the consultation 
procedure established by Decision 77/587/EEC every 
three months or earlier if the need arises, in order to 
discuss the effects of the counter-measures in force. 
Article 7 
This Regulation shall enter into force on 1 July 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
access to that part of cargo liner shipping which is not 
restricted by commitments to national shipping lines of 
third countries under the United Nations Convention on 
a Code of Conduct for Liner Conferences, when ratified 
by Member States; 
Whereas, taking into account the fact that the Code of 
Conduct has not yet been ratified by all Member States 
and that certain third countries are not likely to ratify it, 
the Code is not yet applied in all Community trades nor 
is it likely to apply in the future in some of these trades; 
Whereas the Code of Conduct applies only to liner 
conferences and the cargo carried by their members, and 
not to independent lines or to shipping companies 
operating in the field of bulk or tramp shipping, where 
the Community aims at maintaining a regime of free and 
fair competition; 
Whereas Community ship owners are increasingly faced 
with new restrictions, imposed by third countries, on the 
freedom to provide sea transport services for shippers 
established in their own country, in other Member States 
or in the third countries concerned, which may have 
harmful effects on the Community trades as a whole; 
Whereas some of the abovementioned restrictions are 
incorporated in bilateral agreements between third 
countries and some Member States, while other 
restrictions, such as those pertaining to sea transport 
between ports within the same country, are reflected in 
similar provisions in the legislation or in administrative 
practices of some Member States; 
Whereas therefore the principle of freedom to provide 
services should now be applied to maritime transport so 
as to abolish progressively existing restrictions and avoid 
the introduction of new restrictions within the 
Community; Draft Council Regulation applying the principle of freedom to provide services to sea transport 
(85/C 212/03) 
23.8.85 Official Journal of the European Communities No C 212 / 5 
Whereas provision should be made for reasonable 
transitional periods in accordance with the sensitivity of 
the type of transport concerned, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. Restrictions on freedom to provide sea transport 
services within the Community shall be abolished by 1 
July 1986 in respect of nationals of Member States who 
are established in a State of the Community other than 
that of the person for whom the services are intended. 
2. In the case, however, of the sea transport services 
specified in Article 3 (1) restrictions existing before 1 
July 1986 may be retained, but shall be progressively 
abolished during a period which shall end five years after 
the adoption of this Regulation and in the case of 
cabotage 10 years after the adoption thereof. 
In the case of cabotage between specific regions, 
however, the 10-year period shall not apply where its 
application would cause particular difficulties. In such 
cases, the Member States concerned shall inform the 
Commission, which shall before the end of the 10th year 
after the adoption of this Regulation present specific 
proposals which take account of these difficulties, for the 
progressive abolition of the relevant restrictions. 
Article 2 
For the purposes of this Regulation: 
— freedom to provide sea transport services shall 
include the provision of sea transport services 
between a Member State and a third country; 
— services shall be considered as sea transport services 
where they are normally provided for remuneration 
and shall in particular include: 
(a) the carriage of passengers or goods by sea 
between ports in any one Member State, 
including overseas territories of that State 
(cabotage); 
(b) the carriage of passengers or goods by sea 
between any port in a Member State and instal­
lations or structures on the continental shelf of 
that Member State (off-shore supply services); 
(c) the carriage of passengers or goods by sea 
between any port in a Member State and any 
port in another Member otate (intra-Community 
shipping services); 
(d) the carriage of passengers or goods by sea by a 
shipping company established in a Member State 
between the ports of another Member State and 
ports in a third country (cross-trading). Article 3 
1. The sea transport services referred to in Article 
1 (2) are: 
— cabotage; 
— off-shore supply services; 
— cross-trading where the third country concerned is a 
State-trading country listed in the Annex or one with 
which the Member State concerned has concluded a 
bilateral agreement which limits the freedom to 
provide sea transport services; 
— the carriage of certain goods wholly or partly 
reserved to ships flying the national flag. 
2. Member States which make use of the possibility 
provided for in Article 1 (2) shall notify the relevant 
provisions to the Commission which shall publish appro­
priate details in the Official Journal of the European 
Communities. 
Article 4 
Notwithstanding the application of the principle of 
freedom to provide services to sea transport services, a 
Member State may, where necessary, in order to 
maintain sufficient sea transport services in the case of 
cabotage between the mainland and its islands and 
between its islands, impose public service obligations as a 
condition for the right to provide the service. 
Article 5 
The Council may, acting unanimously on a proposal of 
the Commission, extend the provisions of this Regulation 
to nationals of a third country who provide sea transport 
services and are established in the Community. 
Article 6 
Without prejudice to the provisions of the Treaty 
relating to the right of establishment, the person 
providing a sea transport service may, in order to do so, 
temporarily pursue his activity in the State where the 
service is provided, under the same conditions as are 
imposed by that State on its own nationals. 
Article 7 
During the transitional period provided for in Article 
1 (2), a Member State may not, without the unanimous 
approval of the Council, make the various provisions 
governing the subject when this Regulation enters into 
force less favourable in their direct or indirect effect on 
shipping companies established in other Member States 
as compared with shipping companies which are 
established in that State. 
No C 212/6 Official Journal of the European Communities 23. 8. 85 
Article 8 
As long as restrictions on freedom to provide services 
have not been abolished, each Member State shall apply 
such restrictions without distinction on grounds of 
nationality or residence to all persons providing services 
within the meaning of Article 1 (1). 
Article 9 
The provisions of Articles 55 to 58 of the Treaty shall 
apply to the matters covered by this Regulation. Article 10 
Member States shall, before adopting laws, regulations 
or administrative provisions in implementation of Article 
1 (2) and Article 4 consult the Commission and send to 
the latter any such measures so adopted. 
Article 11 
This Regulation shall enter into force on 1 July 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
BILAG — ANHANG — IIAPAPTHMA — ANNEX — ANNEXE — ALLEGA TO — BIJLAGE 
Liste over de i artikel 3 omhandlede statshandelslande 
Liste der Staatshandelslander nach Artikel 3 
IHvaKou; twv xrop&v Kpatucou Efinopiou not) ava<p£povrai oro dpfrpo 3 
List of State-trading countries referred to in Article 3 
Liste des pays a commerce d'fitat vises a 1'article 3 
Lista dei paesi a commercio di stato di cui alTarticolo 3 
Lijst der in artikel 3 bedoelde landen met staatshandel 
Bulgarien 
Polen 
Rumaenien 
Tjekkoslovakiet 
USSR 
Tyske 
demokratiske 
Republik 
Folkerepublikken 
Kina 
Vietnam Bulgarien 
Polen 
Rumanien 
Tschechoslowakei 
UdSSR 
Deutsche 
Demokratische 
Republik 
Volksrepublik 
China 
Vietnam BouXyapia 
rioXcovla 
Pouuavia 
Taexoata>6aicia 
ESIA 
Aa'ucf| 
AnuoicpaTia vs\c, 
repjiaviac. 
Aa'fldi 
Ar|uoKpcnia rr\c, 
Klvag 
BifitvAu Bulgaria 
Poland 
Romania 
Czechoslovakia 
USSR 
German 
Democratic 
Republic 
People's Republic 
of China 
Vietnam Bulgarie 
Pologne 
Roumanie 
Tchecoslovaquie 
Union sovietique 
Republique 
d6mocratique 
ailemande 
Republique 
populaire de 
Chine 
Viet-nam Bulgaria 
Polonia 
Romania 
Cecoslovacchia 
URSS 
Repubblica 
democratica 
tedesca 
Repubblica 
popolare cinese 
Vietnam Bulgarije 
Polen 
Roemenie 
Tsjechoslowakije 
USSR 
Duits 
Democratische 
Republiek 
Volksrepubliek 
China 
Vietnam