Decision No 167/2006/EC of the European Parliament and of the Council of  18 January 2006  concerning the activities of certain third countries in the field of cargo shipping (codified version)
Date: 2006-01-18
Institutions: Council of the European Union, European Parliament
Subjects: common fisheries policy, competitiveness, fishing industry, information network, maritime transport, third country

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Official Journal of the European Union

4.2.2006

DECISION No 167/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

concerning the activities of certain third countries in the field of cargo shipping

of 18 January 2006

(codified version)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

That system must enable each Member State, to the extent neces-
sary to attain the objectives referred to in the first paragraph,
to collect information on:

(a)

the level of cargo shipping services offered;

Having regard to the opinion of the European Economic and
Social Committee (1),

(b)

the nature, volume, value, origin and destination of goods
loaded or unloaded in the Member States concerned by the
ships engaged in these services;

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

and

Whereas:

(1)

(2)

(3)

Council Decision 78/774/EEC of 19 September 1978 con-
cerning the activities of certain third countries in the field
of cargo shipping (3) has been substantially amended (4). In
the interests of clarity and rationalisation the said Decision
should be codified.

Information systems should be established to enable the
Community institutions to be kept informed of the activi-
ties of the fleets of third countries whose practices are
harmful to the shipping interests of the Member States
and in particular in so far as those activities adversely affect
the competitive participation of the fleets of Member States
in international maritime trade. Those information systems
must facilitate consultation at Community level.

The possibility should be provided for the necessary mea-
sures to be adopted at Community level for the joint exer-
cise by Member States of their powers to adopt counter-
measures in respect of the cargo shipping activities of
certain third countries,

HAVE ADOPTED THIS DECISION:

Article 1

Each Member State shall take all the necessary measures to insti-
tute a system allowing it to collect information on the activities
of the fleets of third countries whose practices are harmful to the
shipping interests of the Member States and in particular in so far
as those activities adversely affect the competitive participation of
the fleets of Member States in international maritime trade.

(1) OJ C 110, 30.4.2004, p. 14.
(2) Opinion of the European Parliament of 9 March 2004 (OJ C 102 E,
28.4.2004, p. 107) and Decision of the Council of 20 December 2005.
(3) OJ L 258, 21.9.1978, p. 35. Decision as amended by Decision

89/242/EEC (OJ L 97, 11.4.1989, p. 47).

(c)

the level of tariffs charged for such services.

Article 2

1.
The Council, acting by qualified majority, shall decide to
which third countries’ fleets the information system is to be jointly
applied.

2.
The decision referred to in paragraph 1 shall specify the type
of cargo shipping to which the information system is to apply, the
date of its introduction, the intervals at which the information is
to be provided and which of the types of information listed in the
second paragraph of Article 1 are to be collected.

Each Member State shall forward to the Commission, peri-
3.
odically or at the request of the latter, the information produced
by its information system.

4.
The Commission shall collate the information for the Com-
munity as a whole. Article 4 of Council Decision 77/587/EEC of
13 September 1977 setting up a consultation procedure on rela-
tions between Member States and third countries in shipping mat-
ters and on action relating to such matters in international
organisations (5) shall apply to that information.

Article 3

The Member States and the Commission shall examine regularly,
within the framework of the consultation procedure established
by Decision 77/587/EEC and on the basis inter alia of the infor-
mation produced by the information system referred to in
Article 1, the activities of the fleets of the third countries specified
in the decisions referred to in Article 2(1).

(4) See Annex I.

(5) OJ L 239, 17.9.1977, p. 23.

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Article 4

The Council, acting unanimously, may decide on the joint appli-
cation by Member States, in their relations with a third country or
group of third countries regarding which a decision referred to in
Article 2(1) has been adopted, of appropriate counter-measures
forming part of their national legislation.

References made to the repealed Decision shall be construed as
being made to this Decision and should be read in accordance
with the correlation table in Annex II.

Article 7

Article 5

This Decision is addressed to the Member States.

The Member States shall retain the right to apply unilaterally their
national information systems and counter-measures.

Article 6

Done at Strasbourg, 18 January 2006.

Decision 78/774/EEC is hereby repealed, without prejudice to the
obligations of the Member States with regard to time-limits for
implementing that Decision.

For the Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
H. WINKLER

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Official Journal of the European Union

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ANNEX I

Repealed Decision with its amendment

Council Decision 78/774/EEC

Council Decision 89/242/EEC

(OJ L 258, 21.9.1978, p. 35)

(OJ L 97, 11.4.1989, p. 47)

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ANNEX II

Correlation table

Decision 78/774/EEC

This Decision

Article 1(1)

Article 1, first paragraph

Article 1(2), introductory phrase

Article 1, second paragraph, introductory phrase

Article 1(2), first indent

Article 1(2), second indent

Article 1(2), third indent

Articles 2 to 5

Article 6

—

Article 7

—

—

Article 1, second paragraph, point (a)

Article 1, second paragraph, point (b)

Article 1, second paragraph, point (c)

Articles 2 to 5

—

Article 6

Article 7

Annex I

Annex II