TRANSPORT BY RAIL, ROAD AND INLAND WATERWAY ( OFFICIAL JOURNAL, ENGLISH SPECIAL EDITION 1968 ( I ), P . 302 ), CONCERNING AN INTER-ASSOCIATION AGREEMENT INTRODUCING A LEVY IN FRANCE ON INLAND WATERWAY TRANSPORT TO FOREIGN DESTINATIONS ( OFFICIAL JOURNAL 1985, L*219, P . 35 ).
2 ARTICLE 2 OF THE ABOVEMENTIONED REGULATION PROHIBITS AGREEMENTS BETWEEN TRANSPORT UNDERTAKINGS WHICH ARE LIABLE TO AFFECT TRADE BETWEEN MEMBER STATES AND HAVE AS THEIR OBJECT OR EFFECT THE DISTORTION OF COMPETITION WITHIN THE COMMON MARKET . HOWEVER, UNDER ARTICLE 5 OF THE REGULATION, THE PROHIBITION LAID DOWN IN ARTICLE 2 MAY BE DECLARED INAPPLICABLE TO AGREEMENTS WHICH MEET CERTAIN CONDITIONS, IN PARTICULAR THOSE WHICH IMPROVE THE QUALITY OF TRANSPORT SERVICES OR PROMOTE GREATER CONTINUITY AND STABILITY IN THE SATISFACTION OF TRANSPORT NEEDS .
3 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE FACTS OF THE CASE, DETAILS OF THE APPLICABLE PROVISIONS OF COMMUNITY LAW, THE COURSE OF THE PROCEDURE AND THE ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
THE REGULATION OF INLAND WATERWAY TRANSPORT IN FRANCE
4 IN FRANCE, THE INLAND WATERWAY TRANSPORT SECTOR IS STRICTLY REGULATED; THREE ASPECTS OF THAT REGULATION MUST BE EXPLAINED HERE .
5 FIRST OF ALL, ALTHOUGH EXPORT TRAFFIC, THAT IS TO SAY TRAFFIC FROM A FRENCH PORT TO A FOREIGN PORT, MAY BE CARRIED BOTH BY FRENCH BOATMEN AND BY BOATMEN WHO ARE NATIONALS OF OTHER MEMBER STATES, INLAND TRAFFIC MAY BE CARRIED ONLY BY FRENCH BOATMEN . AN EXCEPTION IS MADE TO THAT RULE ONLY WHERE A BOATMAN WHO IS A NATIONAL OF ANOTHER MEMBER STATE, AFTER CARRYING TRAFFIC FROM A FOREIGN PORT TO A FRENCH PORT, CARRIES GOODS BETWEEN TWO FRENCH PORTS ON HIS WAY BACK TO HIS STARTING POINT . THAT DOES NOT OFTEN HAPPEN, SINCE IT MUST BE THAT BOATMAN' S TURN IN THE QUEUING SYSTEM, EXPLAINED BELOW, AND HE MUST HAVE BEEN OFFERED A CARGO FOR A POINT ON FRENCH TERRITORY SITUATED ON HIS RETURN JOURNEY .
6 SECONDLY, THE FRENCH CODE DU DOMAINE PUBLIC FLUVIAL ET DE LA NAVIGATION INTERIEURE ( INLAND WATERWAYS AND SHIPPING CODE ) PROVIDES THAT BOATMEN WHO OWN ONLY ONE BOAT ( OWNER-BOATMEN ) CAN ENTER INTO ONLY VOYAGE CHARTER-PARTIES, THAT IS TO SAY FOR A SPECIFIC VOYAGE, OR TIME CHARTER-PARTIES, THAT IS TO SAY FOR A FIXED PERIOD . SUCH CHARTER-PARTIES, WHETHER FOR EXPORT OR INLAND TRAFFIC, MAY BE ENTERED INTO ONLY AFTER CARGOES HAVE BEEN DISTRIBUTED UNDER A QUEUING SYSTEM . FOR THAT PURPOSE THE AUTHORITIES HAVE ESTABLISHED SHIPPING EXCHANGES IN THE MAIN INLAND PORTS . CARGOES ARE ALLOTTED TO BOATMEN IN THE ORDER IN WHICH THEY HAVE JOINED THE QUEUE, ALTHOUGH A BOATMAN MAY REFUSE A CARGO WHICH HAS BEEN OFFERED TO HIM . UNDER THE INLAND WATERWAY AND SHIPPING CODE, SHIPPERS MUST BE REPRESENTED AT THE EXCHANGES BY FORWARDING AGENTS, WHO THUS ENJOY A MONOPOLY .
7 THIRDLY, THE FRENCH AUTHORITIES SET COMPULSORY