Opinion of the European Economic and Social Committee on the ‘proposal for a Decision of the European Parliament and of the Council concerning the activities of certain third countries in the field of cargo shipping (codified version)’ (COM(2003) 732 final – 2003/0285 COD)
Date: 2004-02-25
Institutions: European Economic and Social Committee
Subjects: codification of EU law, consolidation of EU law, maritime transport, third country

C 110/14

EN

Official Journal of the European Union

30.4.2004

Opinion of the European Economic and Social Committee on the ‘proposal for a Decision of the
European Parliament and of the Council concerning the activities of certain third countries in the
field of cargo shipping (codified version)’

(COM(2003) 732 final – 2003/0285 COD)

(2004/C 110/03)

On 9 December 2003 the Council decided to consult the European Economic and Social Committee,
under Article 71 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee's work on the subject, adopted its opinion on 3 February 2004. The rapporteur
was Mr Retureau.

At its 406th plenary session (meeting of 25 February 2004), the European Economic and Social Committee
adopted the following opinion by 102 votes to one with four abstentions:

1. Commission proposal, legal basis

1.1
The proposal for a European Parliament and Council
decision codifies Council Decision 78/774/EEC of 19
September 1978 (1) concerning the activities of certain third
countries in the field of cargo shipping, as heavily amended in
particular by Council Decision 89/242/EEC of 5 April 1989 (2)
on the same subject.

1.2
The legal basis for the codified text is provided by an
internal decision of the Commission of 1 April 1987 (3), as
reaffirmed in the conclusions of the Presidency of the Edin-
burgh European Council of December 1992 (part A, annex 3).
The codification exercise is commensurate with the Communi-
cation from the Commission to the European Parliament and
the acquis communau-
the Council on the codification of
taire (4), i.e. it does not change the law while being subject to
the procedure for the adoption of legislation in force at the
moment of codification.

1.3
The procedure for adopting codified legislation in this
case (cargo shipping) is laid down by Articles 80 and 251 TEC.

2. Comments and conclusions of the EESC

2.1
The EESC has already expressed its views in various past
opinions (5) on the substance of the matter dealt with in the
codified text, which incorporates — without making any
texts designed to identify
substantive changes — earlier

(1) OJ L 258 of 21.9.1978, pp.35-36
(2) OJ L 097 of 11.4.1989, p.47
(3) COM(1987) 868 PV
(4) COM(2001) 645 final
(5) Own-initiative opinion on transport problems in relations with
Eastern Bloc countries (OJ C 59 of 8.3.1978, pp.10-13), opinion on
the proposal for decision 78/744 (OJ C 269 of 13.11.1978, p. 56),
opinion on the proposal for amending decision 78/744 (OJ C 105
of 16.4.1979, pp. 20-21), opinion on the proposal for amending
decision 78/774/1978 (OJ C 71 of 20.3.1989, p. 25)

possible dumping practices introduced by certain third coun-
tries in the field of cargo shipping that harm the interests of
Community operators, with a view to taking appropriate coun-
termeasures, if need be. There is therefore no point in referring
again to the substance of the matter.

The codification exercise — which concerns in particu-
2.2
lar provisions amended in the course of time and scattered
between the original act and subsequent amending acts —
seeks to improve the clarity and transparency of Community
law; it will therefore provide additional legal certainty at the
time of codification for the persons to whom Community legis-
lation is addressed and who use Community legislation.

2.3
The Committee approves and encourage the work to
simplify the acquis communautaire, and especially the proce-
dures for consolidating and codifying existing legislation. This
work contributes to good democratic governance by making it
easier to understand the acquis communautaire and apply it
properly.

2.4
In the present case, the codification proposal is based on
a preliminary consolidation exercise carried out by the Office
for Official Publications of the European Communities. An
appended table indicates the correlation between the old and
new numbers of the Decision's articles.

30.4.2004

EN

Official Journal of the European Union

C 110/15

The proposed legal basis and legislative procedure are

2.5
fully in accordance with Community law.

2.6
The Committee approves and therefore supports the
codification proposal on which it has been consulted, and
recommends its adoption.

Brussels, 25 February 2004.

The President

of the European Economic and Social
Committee

Roger BRIESCH