ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
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DOCUMENTS "COM" 
 
 
 
 
COM (86) 013 
 
 
 
Vol. 1986/0 004 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this f ile is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27 .9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
COM(86) 13 final.  
Brussels, 8 January 1986.
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL·
United Nations Conference on Conditions for Registration of  
Ships# Resumed Session# 20 January - 7 February 1986
COM(86) 13 final

I.  INTRODUCTION
1. In accordance with Resolution 39/209 of the General  
Assembly of the United Nations of 20 December 1982, the  
UN Conference on Conditions for Registration of Ships  
met for the third time in Geneva from 8-19 July 1985.
The Conference made significant progress on the key  
issues of management, manning and ownership. However,  
a further meeting will be necessary to enable it to  
complete its work. This meeting is provisionally  
scheduled for 20 January - 7 February 1986.
2. Community coordination and consultation with the Member  
States is necessary in order to discuss outstanding  
issues and problems in order to maintain a common  
position at the Conference; of particular importance  
is the issue of ownership, an issue on which Member  
States have not yet adopted a common position.
3. At the previous meeting of the Conference, the  
Community submitted a clause to be inserted in the  
Agreement in order to safeguard the rights and  
obligations of the Member States under the Treaty of  
Rome .  I I .
II.  COMMON POSITION OF THE MEMBER STATES
4. In its previous Communication to the Council on the  
subject of the UN Conference (1), the Commission stated  
its views on the general aspects of the issue of  
adopting a common position. It stressed the need for  
the Member States and the Commission to consult each  
other so as to proceed throughout the Conference with a  
common position.
(1) Com(8 5 )388 §§4-8

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!iI
i
•
The representatives of the Member States at the Confer­
ence were substantially in agreement with the  
Commission's proposal.
5. The Member States failed, however, to maintain a common  
position on the issue of ownershi^!( 1  )  .  The solution to  
this issue envisaged by the GrouJ)^ at the Conference  
created a problem for one Member ’  State.  At the end of  
the Conference, the OECD group agreed to put itself on  
record as supporting the position of that Member State  
without prejudice to the agreement achieved with the  
other Groups.
6. The Commission deplores the failure of Community soli­
darity in this instance, particularly since this issue  
is of major importance to the Member State concerned.
i
i
The Commission is also concerned|that this might create  
a precedent for other outstanding questions and that  
the Member States might not be able to adopt a common  
position on the Agreement as a whole.
7. The Commission, therefore, stresses the importance for  
the Community that the Member States and the Commission  
remain in close contact and consult each other as  
necessary in the most appropriate manner so as to pro­
ceed throughout the Conference with a common position;  
and in doing so contribute to maintaining solidarity  
within the OECD Group.
(1) The text of the relevant provisions are contained in  
document (TD/RS/CONF/19/Add.1)
r ■ . . .

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III .  CONDITIONS OF REGISTRATION AND THE TREATY OF ROME
8. In its Communication to the Council of 5 July 1985, the  
Commission stated the reasons for the insertion in the  
Agreement of a clause which safeguards the rights and  
obligations of Member States under the Treaty of Rome.  
These rights and obligations relate to the free move­
ment of workers, the freedom to provide services, the  
right of establishment, the free movement of capital  
and the rules on competition (1).
9. In accordance with the proposal of the Commission, the  
following clause was submitted to the Conference by the  
representative of Belgium on behalf of the Community  
and its Member States :
"This Agreement does not affect the rights and obliga­
tions directly or indirectly resulting from a State's  
membership of a regional economic integration  
organisation."
It was not possible to secure the support of the OECD  
Group for the Community clause before submitting it to  
the Conference. The matter will be considered at the  
resumed session.
10. The delegation of the USSR has entered a reservation on  
the Community clause questioning the compatibility with  
Article 30 of the Vienna Convention, and in particular  
whether :  ( i )
(i) decisions of the EEC Council would prevail over  
the Agreement;
( 1  )  COM(85 )3 8  8, §§12-16

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(ii) the rights and obligations referred to in the  
clause concerned only relations between Member  
States or whether they also related to third  
countries.
This delegation also questioned whether the provision  
in the second indent of §2 of the article on manning  
(^)  did not meet the Community concerns·
The provisions in the Article on manning, however, are  
inadequate, They only relate to manning requirements  
and they do not in general cover Treaty obligations.
11. The Community clause submitted at the Conference is
drafted in very general terms and does not mention the  
specific aspects of the Agreement, where it is  
necessary to safeguard Community obligations under the  
Treaty. in order to allay the concern expressed by  
the USSR delegation and without prejudice to the  
Community position, the clause set out in §11 above  
could be modified to read as follows:
"This Agreement does not affect the rights and obliga­
tions of States, Parties to this Agreement, which  
arise directly or indirectly from provisions in an  
agreement establishing a regional economic integration  
organisation relating to the free movement of workers,  
the freedom to provide services, the right of estab­
lishment, the free movement of capital and the rules  
on competition." i
i1)  The text of the relevant paragraph is contained in  
document TD/RS/CONF/19/Add.1

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12. Another alternative which would achieve the same  
objective would read as follows:
In the case of States members of a regional economic  
integration organisation, any requirements in this  
Agreement concerning nationality or territory will be  
deemed to refer to nationality or territory of any  
State member of that organisation".
13. This modified version would not, however, include the  
competition law aspect of the recommendation  
concerning the promotion of joint ventures. This would  
have to be covered through an amendment of the  
provision on joint ventures. The following wording  
(underlined) would cover the Community competition law  
aspect :
"States Parties to the present Agreement should, in  
conformity with their national policies, legislation,  
including legal obligations arising from agreements  
establishing a regional economic integration  
organisation,  and the conditions of registration  
contained in this Agreement, promote joint ventures
II
IV. CONCLUSIONS
14. The Commission, therefore, as in its previous Communi­
cation (COM(85)388) and taking into account develop­
ments at the third part of the UN Conference on Con­
ditions for Registration of Ships, proposes that the  
Council decide that, in pursuing the negotiations at  
the Conference, the Member States and the Commission:
- Remain in close contact and consult each other as  
necessary in the most appropriate manner, so as to  
proceed with a common position, particularly with  
regard to the issue concerning the ownership of  
ships, and in seeking to find solutions which meet  
the needs of all Member States contribute to  
maintaining solidarity within the OECD Group.

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t
- Ensure that the common position, in solidarity with  
the position of the OECD Group, aims at the adoption  
of measures which strengthen the link between ship  
and flag State without reducing the flexibility  
offered by present arrangements to the detriment of  
Community shipping and trading interests·
- Ensure that the Agreement contain a clause which  
safeguards the rights and obligations of the Member  
States under the Treaty of Rome.
- Ensure that the President of the Council submit and  
defend at the Conference any proposals necessary to  
that effect, along the lines proposed by the  
Commission in this Communication.