No C 212/8 Official Journal of the European Communities 23.8.85 
Draft Council Directive concerning a common interpretation of the concept of 'national 
shipping line' 
(85/C 212/05) 
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 Directive submitted by the 
Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinipn of the Economic and 
Social Committee, 
Whereas Council Regulation (EEC) No 954/79 (*) 
provides, inter alia, for the principle of equal treatment 
to apply in accordance with the right of establishment 
whenever shipping companies apply for membership of a 
liner conference; 
Whereas a shipping company can only be admitted as a 
national shipping line if it has successfully negotiated 
such admission on that basis with shipping companies of 
the same nationality which are already members of the 
conference or which also apply for membership; 
Whereas the Member State concerned may settle the 
dispute if these negotiations do not lead to an 
agreement; 
Whereas in either case the successful shipping company 
will meet one of the criteria for the definition of a 
national shipping line according to the United Nations 
Convention on a Code of Conduct for Liner 
Conferences, in that it will be recognized under the law 
of the country, while the criteria of management head 
office and effective control are widened through the 
reservation made by Member States upon ratification of 
the Convention in order to meet their obligations under 
the Treaty; 
Whereas most Member States wish to expand the criteria 
for recognition under national law, with a view to 
avoiding as far as possible the need to settle a dispute as 
foreseen in Article 2 (2) of Regulation (EEC) No 954/79 
in deciding which shipping company established in the 
Member State concerned could be admitted to the 
conference as a 'national shipping line'; 
O OJ No L 121, 17. 5. 1979, p. 1. Whereas, when Regulation (EEC) No 954/79 was 
adopted, it was found necessary to arrive at a joint 
interpretation of the concept 'national shipping line', in 
order to preserve the principle of equal treatment and to 
meet the obligations towards other OECD countries, 
HAS ADOPTED THIS DIRECTIVE, 
Article 1 
1. Member States shall take the necessary measures so 
that a shipping line may participate in a conference as a 
'national shipping line' within the meaning of the United 
Nations Code of Conduct for Liner Conferences in 
accordance with the procedure laid down by Article 2 of 
Regulation (EEC) No 954/79 only where it meets the 
criteria set out in paragraph 2. 
2. The criteria referred to in paragraph 1 are: 
(a) the management head office must be situated and the 
effective control exercised in a Member State; 
(b) the executive board must consist of persons the 
majority of whom are nationals of Member States; 
(c) the company shares must effectively be controlled 
through a majority shareholding by nationals of 
Member States who have their domicile or registered 
office in one of the Member States. 
3. The criteria under paragraph 2 (b) and (c) shall be 
extended by a Member State by adding 'and nationals of 
other OECD countries' to 'nationals of Member States', 
provided that the other OECD countries concerned 
grant reciprocal treatment in their national law to 
shipping lines of the Community. 
4. The criteria under paragraph 2 (b) and (c) may be 
further extended by a Member State by adding 'and 
nationals of other States' to 'nationals of Member 
States', provided that the other States concerned grant 
reciprocal treatment in their national law to shipping 
lines of that Member State. 
5. For the purposes of paragraph 3 reciprocal 
treatment by another OECD country shall be deemed to 
exist if the Commission certifies that that country does 
not impose restrictions on the establishment of shipping 
lines from Member States in that country with a view to 
qualifying in that country as a national shipping line for 
the purposes of the United Nations Convention on a 
Code of Conduct for Liner Conferences or to having 
free access to liner cargoes in the trades to and from that 
country. 
23.8.85 / 
Official Journal of the European Communities No C 212/9 
Article 2 
1. The criterion of ships flying the flag of a Member 
State may only be added to the three criteria referred to 
in Article 1 if the Member State concerned: 
— allows shipping lines of other Member States which 
take advantage of the right of establishment or, 
subject to reciprocal treatment, shipping lines of 
other OECD countries which are established in the 
Member State concerned, to enter ships in the 
national register, or 
— otherwise secures equal treatment, including 
recognition as a national shipping line, for shipping 
lines of other Member States, which take advantage 
of the right of establishment or, subject to reciprocal 
treatment, shipping lines of other OECD countries 
The following Articles are substituted for Articles 1 to 8 
in the text originally submitted on 16 October 1981. 
SECTION I 
Article 1 
Subject matter and scope of the Regulation 
1. This Regulation lays down detailed rules for the 
application of Articles 85 and 86 of the Treaty to 
maritime transport services. 
2. It shall apply only to international maritime 
transport services from or to one or more Community 
ports, other than tramp vessel services. 
3. For the purposes of this Regulation: 
(a) Tramp vessel services means the transport of goods in 
bulk or in break-bulk in a vessel chartered to one or 
more shippers on the basis of a charter-party or a 
booking note, for non-regularly scheduled and/or 
non advertised sailings; 
(b) Liner conference means a group of two or more 
vessel-operating carriers which provides international 
liner services for the carriage of cargo on a particular 
route or routes within specified geographical limits 
and which, within the framework of an agreement or 
arrangement of whatever nature, jointly fix uniform 
or common freight rates and any other conditions 
for those services; which are established in the Member State 
concerned. 
2. The Commission shall certify whether reciprocal 
treatment exists for the purposes of this Article. 
Article 3 
Member States shall, after consulting the Commission, 
adopt the laws, regulations and administrative provisions 
necessary to comply with this Directive not later than 
1 July 1986. They shall inform the Commission and the 
other Member States of the measures taken. 
Article 4 
This Directive is addressed to the Member States. 
(c) Transport user means an undertaking or association 
of undertakings (shippers, consignees, forwarders, 
etc.) which has entered into, or which demonstrates 
an intention to enter into, a contractual or other 
arrangement with a conference or shipping line for 
the shipment of goods. 
Article 2 
Technical agreements 
1. The prohibition laid down in Article 85 (1) of the 
Treaty shall not apply to agreements, decisions and 
concerted practices whose object and effect is to achieve 
technical improvements or cooperation by means of: 
(a) the introduction or uniform application of standards 
or types in respect of vessels and other means of 
transport, equipment, supplies or fixed installations; 
(b) the exchange or pooling for the purpose of operating 
transport services, of vessels, space on vessels or slots 
and other means of transport, staff, equipment or 
fixed installations; 
(c) the organization and execution of successive or sup­
plementary maritime transport operations and the 
establishment and application of inclusive rates and 
conditions for such operations; 
(d) the coordination of transport timetables for 
connecting routes; 
(e) the consolidation of individual consignments; Amendments to the proposal for a Council Regulation laying down detailed rules for the 
application of Articles 85 and 86 of the Treaty to maritime transport 
(85/C 212/06)