European Parliament legislative resolution on the proposal for a Council regulation repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services (COM(2005)0651 - C6-0046/2006 - 2005/0264(CNS))
Date: 2006-07-04
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: competition law, maritime cabotage, maritime conference, maritime transport

C 303 E/102

EN

Official Journal of the European Union

13.12.2006

Tuesday, 4 July 2006

P6_TA(2006)0291

The liner conference block exemption and cabotage and international tramp
services *

European Parliament legislative resolution on the proposal for a Council regulation repealing
Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to
maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope
tramp services (COM(2005)0651 — C6-0046/2006 —
to include cabotage and international
2005/0264(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0651) (1),

— having regard to Article 83 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0046/2006),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the

Committee on Transport and Tourism (A6-0217/2006);

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 3

(3)
The liner shipping conference block exemption provided
for in Regulation (EEC) No 4056/86 exempts from the prohibi-
tion of Article 81(1) of the Treaty agreements, decisions and
concerted practices of all or part of the members of one or
more liner conferences which fulfil certain conditions. The
justification for the block exemption in essence assumes that
reliable
conferences bring stability, assuring exporters of
services which cannot be achieved by less restrictive means.
However, a thorough review of the industry carried out by the
Commission has demonstrated that
liner shipping is not
unique as its cost structure does not differ substantially from
that of other industries. There is therefore no evidence that
the industry needs to be protected from competition.

(1) Not yet published in the OJ.

(3)
The liner shipping conference block exemption provided
for in Regulation (EEC) No 4056/86 exempts from the prohibi-
tion of Article 81(1) of the Treaty agreements, decisions and
concerted practices of all or part of the members of one or
more liner conferences which fulfil certain conditions. The
justification for the block exemption in essence assumes that
reliable
conferences bring stability, assuring exporters of
services which cannot be achieved by less restrictive means. A
thorough review of the industry carried out by the Commis-
sion demonstrated that
liner shipping nowadays is highly
competitive and that there is no evidence that the industry
should be protected from competition. However, given the
current conditions of global competition and the rapid devel-
opments, high costs and investment risks associated with the
liner
information
exchanges among stakeholders in this sector is acknowledged.

the usefulness of

shipping industry,

13.12.2006

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Official Journal of the European Union

C 303 E/103

Tuesday, 4 July 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 2

Recital 9

(9)
The exclusion from the prohibition of Article 81(1) of
the Treaty of purely technical agreements and the procedure
for dealing with conflicts of law which may arise are also
redundant. Those provisions should therefore also be deleted.

(9)
To facilitate transactions in the sector, the guidelines
issued pursuant to paragraph 2a of Article 1 will provide
guidance on questions
concerning technical agreements
within the meaning of Article 2 of Regulation (EEC)
No 4056/86.

Amendment 3

Recital 10

In the light of the above, Regulation (EEC) No 4056/86

(10)
should be repealed in its entirety.

(10)
In the light of the above, Regulation (EEC) No 4056/86
should be repealed in its entirety and the end of the liner
conference block exemption will take effect after a transi-
tional period of two years from the date of entry into force of
this Regulation.

Amendment 4

Recital 10 a (new)

Since enforcement of

this Regulation will create a
(10a)
conflict of
law as regards the accession of certain Member
States to the UNCTAD Code of Conduct for Liner Conferences,
it is recommended that the Member States should withdraw
from the Code, although they cannot be obliged to do so. In
view of this situation, a clear-cut procedure needs to be put in
place in order to deal with such conflicts of international law
as might arise. After repeal of the provisions of Article 9 of
Regulation (EEC) No. 4056/86, the legal basis for the Commis-
sion to act on the authority of the Council in this field will be
maintained, on the basis of Article 300 of the EC Treaty.

Amendment 22

Recital 10 b (new)

In order to provide legal certainty to the liner
(10b)
services sector, the Commission shall, in close cooperation
with the stakeholders and after consulting the European
Parliament, establish guidelines within the scope of Arti-
cles 81 and 82 of the Treaty before the end of the transi-
tional period.

Amendment 5

Recitals 11 and 12

(11)
Liner conferences are tolerated in several jurisdictions.
In this, as in other sectors, competition law is not applied in
the same way worldwide. In light of the global nature of the
liner shipping industry, the Commission will take all relevant
initiatives to advance the removal of the price fixing exemption
for liner conferences that exist elsewhere whilst maintaining
the exemption for operational co-operation between shipping
in line with the
lines grouped in consortia and alliances,
recommendations of the OECD Secretariat in 2002.

(11)
Liner conferences are tolerated in several jurisdictions.
In this, as in other sectors, competition law is not applied in
the same way worldwide. In light of the global nature of the
liner shipping industry, the Commission will take all relevant
initiatives to advance the removal of the price fixing exemption
for liner conferences that exist elsewhere. At the same time,
the exemption for operational co-operation between shipping
in line with the
lines grouped in consortia and alliances,
recommendations of the OECD Secretariat in 2002, will be
maintained.

C 303 E/104

EN

Official Journal of the European Union

13.12.2006

Tuesday, 4 July 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

4056/86

(12)
Cabotage and international tramp vessel services have
been excluded from the rules implementing Articles 81 and
82 of the Treaty originally laid down in Regulation (EEC)
(EC)
subsequently
No
No 1/2003. They are currently the only remaining sectors to
be excluded from the Community competition implementing
rules. The lack of effective enforcement powers for those
sectors is an anomaly from a regulatory point of view.

in Regulation

and

deleted

Amendment 6

Recital 12 a (new)

(12a)
Together with the guidelines, the Commission will
present to the European Parliament a transparent overview of
the position of third countries (China, USA, Canada, Japan,
Singapore and India) as regards the EU's new policy on liner
services (acceptance, adjustment, opposition, negative effects,
etc.) and their willingness to adapt their own systems.

Amendment 7

Recital 12 b (new)

Since Member States may need to adjust their inter-
(12b)
national commitments in the light of the abolition of the
liner conference system, the provisions of Regulation (EEC)
No 4056/86 relating to the liner conference block exemption
should continue to apply to liner conferences satisfying the
requirements of Regulation (EEC) No 4056/86 on the date of
entry into force of this Regulation for a transitional period.

Amendment 8

Recital 12 c (new)

(12c)
The UNCTAD code no longer appears to play an
important role in the international liner service sector. The
need for Member States to denounce the code should not
therefore be an obstacle to the revision of the EC competition
rules for liner conferences. However, the Commission should
investigate thoroughly the commercial and political implica-
tions of such denouncement.

Amendment 9

Recital 13 a (new)

(13a)
Cabotage and international tramp vessel services
have, to date, been excluded from the rules implementing
Articles 81 and 82 of the Treaty originally laid down in
Regulation (EEC) No 4056/86 and subsequently in Regu-
lation (EC) No 1/2003. They are
currently the only
remaining sectors to be excluded from the EC competition
implementing rules. The lack of effective competition enforce-
ment powers in the cabotage and international tramp service
sectors is an anomaly from a regulatory point of view.

13.12.2006

EN

Official Journal of the European Union

C 303 E/105

Tuesday, 4 July 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 10

Recital 15 a (new)

(15a)
Prior in particular to the repeal of Article 32 of
Regulation (EC) No 1/2003, the amendment of Regulation
(EC) No 1/2003 should be accompanied by the adoption of
guidelines for the application of Articles 81 and 82 of the
Treaty to the tramp services sector, in order to provide legal
certainty and to take into account the specific characteristics
of the sector, in particular for pooling agreements. The guide-
lines should be issued in close cooperation with stakeholders
and after consulting the European Parliament.

Amendment 11

Recital 16

system,

Since Member States may need to adjust their inter-
(16)
national commitments in the light of the abolition of the
conference
the provisions of Regulation (EEC)
No 4056/86 relating to the liner conference block exemption
should continue to apply to conferences
satisfying the
requirements of Regulation (EEC) No 4056/86 on the date of
entry into force of this Regulation for a transitional period,

deleted

Amendment 12

Recital 16 a (new)

In this connection, the Commission should examine
(16a)
whether it is necessary to amend or repeal other EC legisla-
tion, such as Council Regulation (EEC) No 954/79 of 15 May
1979 concerning the ratification by Member States of, or
their accession to, the United Nations Convention on a Code
of Conduct for Liner Conferences (1) or Council Regulation
(EEC) No 4055/86 of 22 December 1986 applying the prin-
ciple of freedom to provide services to maritime transport
between Member States and between Member States and
third countries (2).

(1) OJ L 121, 17.5.1979, p. 1.
(2) OJ L 378, 31.12.1986, p. 1.

Amendment 13

Article 1, Paragraph 2 a (new)

The Commission shall adopt guidelines before the end of the
transitional period. The guidelines shall contain, among other
things, guidance on the subject matter of Article 2 of Regu-
lation (EEC) No 4056/86, before its repeal. Furthermore, the
guidelines shall take particular account of the interests of small
and medium-sized ship-owners and those operating in specia-
lised trades.

C 303 E/106

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Official Journal of the European Union

13.12.2006

Tuesday, 4 July 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Article 32 of Regulation (EC) No 1/2003 is deleted.

Article 32 of Regulation (EC) No 1/2003 shall be repealed.

Amendment 14

Article 2

The Commission shall adopt guidelines for the application of
Articles 81 and 82 of the Treaty to tramp services before the
date on which Article 32 of Regulation (EC) No 1/2003 is
repealed.

P6_TA(2006)0292

Own resources *

European Parliament legislative resolution on the proposal for a Council decision on the system of
the European Communities' own resources (COM(2006)0099 — C6-0132/2006 — 2006/0039(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2006)0099) (1),

— having regard to Article 269 of the EC Treaty and to Article 173 of the Euratom Treaty, pursuant to

which the Council consulted Parliament (C6-0132/2006),

— having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the
Council and the Commission on budgetary discipline and sound financial management (2), in particular
point 8 thereof, and Declaration No 3 on the review of the financial framework, annexed to that
agreement,

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Budgets and the opinion of the Committee on Regional

Development (A6-0223/2006);

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the Treaty
establishing the European Community;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

5.

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.
(2) OJ C 139, 14.6.2006, p. 1.