23. 8.85 Official Journal of the European Communities No C 212/7 
Draft Council Decision amending Decision 77/587/EEC 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 
(85/C 212/04) 
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 Decision 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 seeking to 
develop their fleets resort to restricting access to cargo, 
inter alia, by means of bilateral agreements; 
Whereas a number of bilateral agreements containing 
provisions restricting access to cargo have been 
concluded in recent years or are under negotiation 
between Member States and third countries; 
Whereas such agreements should respect the principles 
and objectives of the Treaty and measures adopted in 
pursuance of Community maritime transport policy and 
safeguard to the maximum extent possible the continuing 
application of commercial principles in shipping; 
Whereas Council Decision 77/587/EEC (') sets up a 
consultation procedure on relations between Member 
States and third countries in shipping matters and on 
action relating to such matters in international organiz­
ations, 
Whereas examination and consultation in respect of 
bilateral or multilateral agreements containing provisions 
restricting access to cargo is required prior to their 
conclusion, 
HAS ADOPTED THIS DECISION: 
Article 1 
Decision 77/587/EEC is hereby amended as follows: 
1. In Article 1 the following point (c) is added to the 
first paragraph: 
O OJ No L 239, 17. 9. 1977, p. 23. (c) on any provisions of bilateral or multilateral 
agreements to be negotiated between Member 
States and third countries, which might affect the 
freedom of shipping companies, established in a 
Member State to provide sea transport services. 
the second paragraph is replaced by the following: 
'The consultations under (a) and (b) shall be held 
at the request of a Member State or of the 
Commission, within one month of the request or 
at the earliest opportunity in urgent cases. The 
consultations under (c) shall be held within the 
same time limits following a communication from 
the Member State concerned or at the request of 
any other Member State or of the Commission.' 
2. The following Article 3a is inserted: 
'Article 3a 
1. For the purposes of the consultations referred to 
in Article 1 under (c), each Member State intending 
to negotiate a bilateral or multilateral agreement with 
a third country or group of third countries shall 
inform, as early as possible, the other Member States 
and the Commission of the relevant provisions. 
2. The main aim of the consultations referred to in 
paragraph 1 shall be to examine whether the proposed 
agreements respect the principles and objectives of the 
Treaty and measures adopted in pursuance of 
Community maritime policy and safeguard to the 
maximum extent possible the continuing application 
of commercial principles in shipping.' 
3. Article 5 is replaced by the following: 
Article 5 
Before 1 January 1989 the Council shall consider a 
report to be submitted by the Commission on the 
working of the consultation procedure and shall take 
action on any proposals for amending or 
supplementing it which experience shows to be 
necessary.' 
Article 2 
This Decision is addressed to the Member States.