Proposal for a Council Decision setting up a consultation procedure on relations between Member States and third countries in shipping matters and on action relating to such matters in international organizations and an authorization procedure for agreements concerning maritime transport (97/C 113/05) (Text with EEA relevance) COM(96) 707 final - 97/0012(SYN)

(Submitted by the Commission on 14 March 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 84 (2) thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure referred to in Article 189c of the Treaty in cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas the development of external relations of the Community in the field of maritime transport requires adequate and efficient exchange of information and timely consultation between the Commission and the Member States;

Whereas Council Decision 77/587/EEC (1) set up a consultation procedure on relations between Member States and third countries in shipping matters and on action relating to such matters in international organizations;

Whereas consultations should also cover, in addition to developments that have taken place, on-going developments in relations with third countries;

Whereas any problems arising in the field of shipping in the trades with and between third countries and appropriate means to address these problems should be considered;

Whereas therefore provision should be made for consultations to be held at regular intervals;

Whereas appropriate action to address problems arising in international organizations should be considered; whereas a procedure should be introduced for the establishment of the position to be taken by the Community and the Member States on questions of common interest discussed within international organizations; whereas such position, on matters within the competence of the Community or of the Member States, should be presented by the Commission or the Member State exercising the presidency of the Council, respectively;

Whereas maritime transport relations between Member States and third countries are regulated by bilateral agreements as well as by other bilateral and multilateral arrangements containing provisions on, or applicable to, matters relating to the provision of shipping services such as access to the shipping market, including multimodal transport operations, connected landside operations, establishment of commercial presence, access to ports, utilization of port and related services and facilities, transactions and payments related to the provision of shipping services, and related provisions;

Whereas a regulatory framework for negotiations by Member States with third countries should be provided for; whereas the Commission should have the possibility to authorize Member States to negotiate, conclude or renew agreements with third countries; whereas in appropriate circumstances such authorization could be tacitly granted;

Whereas an effective procedure to secure the examination of bilateral maritime transport agreements and other bilateral arrangements which Member States propose to conclude with third countries must be established;

Whereas the purpose of this examination must be to determine whether the proposed agreements are compatible with Community law and the common maritime transport policy and would not constitute an obstacle to this policy or its implementation;

Whereas in certain cases it may be appropriate that the Council or, as the case may be, the Commission, in authorizing a Member State to negotiate or conclude an agreement attaches conditions thereto;

Whereas a committee should be set up for the implementation of this Decision;

Whereas the procedures for negotiations by the Commission of agreements with third countries or within an international organization are not covered by this Decision;

Whereas in view of the amendments of the procedure established by Council Decision 77/587/EEC and the introduction of significant new procedures that Decision should be replaced by a separate act,

HAS ADOPTED THIS DECISION:

Article 1

1. The Member States and the Commission shall consult each other, in accordance with the procedures laid down in this Decision:

(a) on questions concerning shipping matters and dealt with in international organizations; and

(b) on relations with third countries in shipping matters, and on the negotiation, conclusion and functioning of bilateral or multilateral agreements in this sphere.

2. The consultations shall be held

- at regular intervals, and at least once every two months, and

- at any other time upon the request of a Member State or of the Commission, within two weeks of the request or at the earliest opportunity in urgent cases.

Article 2

1. The main aims of the consultations provided for in Article 1 (1) (a) shall be:

(a) to consider any questions that may raise problems of common interest,

(b) depending upon the nature of such problems:

- to consider whether Member States' action within the international organizations concerned should be coordinated,

- to consider any other approach which might be appropriate.

2. The Member States and the Commission shall as soon as possible exchange any information of relevance to the aims described in paragraph 1.

Article 3

1. The main aims of the consultations provided for in Article 1 (1) (b) shall be:

(a) to review developments in shipping relations with third countries;

(b) to consider the negotiation, conclusion and functioning of bilateral or multilateral maritime transport agreements or any other arrangements concerning matters relating to the provision of shipping services;

(c) to consider problems arising in the field of shipping in the trades with and between third countries, inter alia:

- restrictions on access to the shipping market and on connected land-side operations,

- any other unilateral measures of third countries affecting shipping activity, such as discriminatory taxation or treatment of ships in ports;

(d) to consider any other questions that may raise problems of common interest;

(e) depending upon the nature of such problems as may arise, to consider appropriate action to address these problems.

2. For the purposes of the consultations referred to in Article 1 (1) (b), each Member State shall inform the other Member States and the Commission of the various developments in its relations with third countries in shipping matters, and of the functioning of bilateral or multilateral agreements concluded in this field.

3. A Member State wishing to conduct negotiations with a third country or to proceed to the conclusion of an agreement which it has negotiated and initialled or signed but has not, at the date of this Decision, completed the procedures for its entry into force, shall submit a request to the Commission and inform the other Member States. In the request, the Member State shall set out the justification for the envisaged agreement, its objectives and a draft text of the proposed agreement.

A Member State wishing to proceed to the extension, whether express or tacit, of an agreement in force at the date of this Decision shall submit a request to the Commission and inform the other Member States at least 4 months prior to the date of express extension or of the expiry of the period during which notice of termination of the agreement may be given. It shall supply a copy of the agreement.

Article 4

1. Without prejudice to Article 5 of Council Regulation (EEC) No 4055/86, if neither the Commission nor any Member State has requested consultations within two months from receipt of a request from a Member State under Article 3 (3), and the Commission has not submitted to that Member State, within three months from such receipt, any observations to the contrary, that Member State will be considered to be tacitly authorized to conduct the bilateral negotiations in accordance with its request or to complete the procedures for the entry into force of the agreement or to extend the agreement, as the case may be.

2. If the Commission determines, after consultations where these have taken place, that the provisions of the envisaged agreement are not contrary to the common maritime transport policy and its objectives and would not constitute an obstacle to this policy or its implementation, the Member State concerned may be authorized by the Commission, if appropriate subject to conditions, to conduct the bilateral negotiations with the third country concerned.

3. If the Commission determines, after consultations where these have taken place, that any provision of an envisaged agreement is not in line with the common maritime transport policy or its objectives, or could constitute an obstacle to this policy or its implementation, it shall so notify the Member State concerned and inform the other Member States. The Commission may accompany such notification with conditions subject to which the agreement could be authorized.

Article 5

1. At the end of the negotiation process the Member State concerned shall communicate to the Commission the final result of the negotiations. If the Commission does not raise objections within three months from receipt of the negotiation results, the Member State concerned may sign the agreement in question.

2. If the Commission raises any objections, the Member State concerned shall re-negotiate accordingly on the basis of the conditions, which the Commission has imposed.

Article 6

1. The consultations provided for in this Decision shall take place within the committee created in Article 7 (1).

2. With respect to Article 2 (1) (b), the positions to take on economic and commercial aspects of maritime transport in international organizations by the Community and its Member States are adopted in accordance with the procedure set out in Article 7 (2).

Where the position corresponds to a matter of Community competence, it is presented by the Commission; if the matter is within the competence of the Member States, the position is presented by the Member State exercising the presidency of the Council. However, if the Commission or the Member State exercising the presidency does not have a status permitting it to express itself within the international organization in question, appropriate modalities shall be defined in the decision adopting the position.

Article 7

1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.

2. The representative of the Commission shall submit to the committee a draft of any measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, on the expiry of a period of two months from the date of referral to the Council the Council has not acted, the proposed measures shall be adopted by the Commission.

Article 8

The procedures set out in this Decision are without prejudice to procedures relating to a recommendation by the Commission to negotiate an agreement with a third country or group of countries or within an international organization or relating to the conclusion of such an agreement.

Article 9

Council Decision 77/587/EEC is hereby repealed.

Before 31 December 2000 the Council shall consider a report to be submitted by the Commission on the working of the procedures set up in this Decision and shall take action on any proposals for amending or supplementing it which experience shows to be appropriate.

Article 10

This Decision is addressed to the Member States.

(1) OJ No L 239, 17. 9. 1977.