No C 212/2 Official Journal of the European Communities 23. 8. 85 
II 
(Preparatory Acts) 
COMMISSION 
PROGRESS TOWARDS A COMMON TRANSPORT POLICY 
MARITIME TRANSPORT 
Draft Council Regulation concerning coordinated action to safeguard free access to cargoes in 
ocean trades 
COM(85) 90 final 
Submitted by the Commission to the Council on 19 March 1985 
(85/C 212/02) 
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 an increasing number of countries resort to 
protecting their merchant fleets either unilaterally, 
through legislation or administrative measures, or 
through bilateral agreements with other countries; 
Whereas in respect of liner shipping the United Nations 
Convention on a Code of Conduct for Liner 
Conferences which entered into force on 6 October 1983 
grants certain rights to shipping lines which are members 
of a conference operating a pool; 
Whereas increasingly third countries, contracting parties 
or signatories to that Convention interpret its relevant 
provisions in such a way as to effectively expand the 
rights given under the Convention to their shipping lines, 
to the disadvantage of Community shipping lines or 
shipping lines of other OECD countries, whether 
conference members or not; 
Whereas in shipping trades where the Convention is not 
likely to apply unilateral cargo reservation or bilateral 
agreements threaten to restrict free access to liner 
cargoes far in excess of the principles of the Convention 
and of international agreements, in particular those 
concerning the reservation to national flag ships of 
certain government sponsored cargoes, without prejudice 
to international obligations to give access to such cargoes 
to other flags; Whereas in respect of bulk shipping there is an in­
creasing tendency on the part of third countries to 
restrict access to bulk cargoes which poses a serious 
threat to the freely competitive environment broadly 
prevailing in the bulk trades; 
Whereas restriction of access to bulk cargoes would 
adversely affect the merchant fleets of the Member 
States, as well as substantially increasing transportation 
costs of such cargoes, and would thereby have a serious 
effect on the trading interests of the Community; 
Whereas the Community and its Member States have 
agreements with third countries in the field of shipping 
which refer to access to the trade; 
Whereas the Community should be enabled to proceed 
to coordinated action by Member States if the 
competitive position of Member States' merchant fleets is 
adversely affected by cargo reservation to shipping 
companies of third countries or if required by an inter­
national agreement; 
Whereas Council Decision 77/587/EEC of 13 Septem­
ber 1977 (') provides, inter alia, for consultation on the 
various aspects of development which have taken place 
in relations between Member States and third countries 
in shipping matters; 
Whereas Council Decision 83/573/EEC of 26 October 
1983 (2) provides, inter alia, for an attempt at concer-
tation by Member States of any counter-measures they 
may take in relation to third countries and for the 
possibility of a unanimous decision on the joint 
application by Member States of appropriate counter-
measures forming part of their national legislation; 
Whereas it is necessary to elaborate and refine the 
machinery provided for in these Decisions with a view to 
being prepared to proceed to coordinated action by 
0) OJ No L 239, 17. 9. 1977, p. 23. 
(2) OJ No L 332, 28. 11. 1983, p. 37. 
23. 8. 85 Official Journal of the European Communities No C 212/3 
Member States in special circumstances at the request of 
a Member State or Member States or on the grounds of 
an international agreement, 
HAS ADOPTED THIS REGULATION: 
Article 1 
When action by a third country restricts or threatens to 
restrict the a.ccess of shipping companies of Member 
States or another OECD country to: 
— liner cargoes, where such action is not taken in 
accordance with the United Nations Convention on a 
Code of Conduct for Liner Conferences or any other 
agreement to which the Community and its Member 
States are parties, and/or 
— bulk cargoes, 
the procedure provided by this Regulation for 
coordinated action by Member States shall be applicable. 
Article 2 
1. Coordinated action may be requested by: 
— a Member State, if the competitive position of its 
merchant fleet is or may be adversely affected; 
— another OECD country, where an agreement has 
been concluded by that country with the European 
Economic Community providing for coordinated 
resistance in the case of restriction of access to 
cargoes, if the competitive position of its merchant 
fleet is or may be adversely affected. (i) a permit to load, carry or discharge cargoes; 
(ii) the imposition of a quota; 
(iii) the imposition of financial charges, 
separately or in combination. 
For the purposes of this Regulation: 
— 'home-trader': means a shipping company of a third 
country which operates a service between its own 
country and one or more Member States; 
— 'cross-trader': means a shipping company of a third 
country which operates a service between another 
third country and one or more Member States. 
2. Diplomatic measures shall be taken before counter-
measures. Such counter-measures shall be without 
prejudice to the obligations of the European Economic 
Community and its Member States under international 
law, including agreements with third countries which 
refer to access to shipping trades. 
Article 4 
1. When deciding upon one or more of the counter-
measures, referred to in Article 3, the Council shall 
specify, as appropriate, the following: 
(a) the developments which have caused counter-
measures to be taken; 
(b) the liner trade or range of ports to which the 
counter-measures are to apply; 
2. The request shall be made to the Commission, 
whereupon the latter, if it is satisfied that the conditions 
for a request are met and that it is in the interests of the 
Community that action should be taken, will make 
within four weeks an appropriate proposal to the 
Council with a view to the adoption of a Decision 
defining the coordinated action to be taken in 
accordance with Article 3. 
Article 3 
1. Coordinated action shall consist of the following: 
(a) diplomatic measures, such as the sending of a 
diplomatic message to the third countries concerned 
or a diplomatic mission to the third countries 
concerned, if appropriate jointly with the other 
OECD country with whom an international 
agreement as referred to in Article 1 has been 
concluded; 
(b) counter-measures, directed at the shipping company 
or companies of the third countries concerned, 
whether operating as a home-trader or as a cross-
trader in Community trades, which may consist of: (c) the flag or shipping company of the third country 
whose cargo reservation measures restrict free access 
to cargoes in the shipping area concerned; 
(d) maximum or minimum volume (percentage, tonnes 
weight, containers) or value of cargo which may be 
loaded or discharged in ports of Member States; 
(e) maximum or minimum number of sailings from and 
to ports of Member States; 
(f) amount or percentage and basis of the financial 
charges to be levied and the manner in which they 
will be collected; 
(g) the duration of the counter-measures. 
2. Where the counter-measures envisaged by 
paragraph 1 are not provided for by the national 
legislation of a Member State such counter-measures 
may be taken in accordance with the Council Decision 
referred to in Article 2 (2) by the Member State 
concerned on the basis of this Regulation. 
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)