CELEX: 51980PC0644
Language: en
Date: 1980-10-23
Title: Proposal for a Second COUNCIL DECISION on the collection of information concerning the activities of carriers participating in cargo liner traffic in certain areas of operation (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 644
Vol. 1980/0205
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(80)644 final
                                                  Brussels , 23 October 1980
                                  Proposal for a Second
                                    COUNCIL DECISION
     on the collection of information concerning the activities of carriers
     participating in cargo liner traffic in certain areas of operation
                                N   ^  V "\
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               ( submitted to the Council by the Commission )
C0K<80 ) 644 - final
 ---pagebreak---           PROPOSAL FOR A SECOND COUNCIL DECISION ON THE COLLECTION OF
          INFORMATION CONCERNING THE ACTIVITIES OF CARRIERS PARTICIPA­
          TING IN CARGO LINER TRAFFIC IN CERTAIN AREAS OF OPERATION
                           ( Explanatory Memorandum )
         Under Council Decision No . 79 / 4 / EEC of 19 December 1978 ( 1 ) the
Member States have been collecting and forwarding to the Commission informa­
tion about cargo liner services on the routes between the Community and
East Africa and between the Community and Central America . This monitoring
exercise began on 1 January 1979 and is due to end on 31 December 1980 . It
was undertaken / because of concern about, the possibility that certain carriers
on these routes were not following the rules of competition in accordance
with the principle ? of market economy and were adversely affecting the compe­
titive position of Member State shipping .
2.       The information supplied by the Member States , supplemented by informa­
tion obtained by the Commission from other sources , has been the subject of
a conf indential report by the Commission to the Council . Confidentially .
is necessary in order to safeguard commercially sensitive information *. parti­
cularly about freight rates .       However , the information confirms that there "
are grounds for concern about the competition of certain operators in the
trades in question . In the . case of the Central America trade , one operator
from outside the Community has obtained a disproportionately large share in
the carriage of two key commodities by offering very low freight rates ." In
the East Africa ^ trade the market penetration by the operator from the same
third country has been less extensive , but it has been quoting freight rates
such that Member State shipowners have had to accept dangerous loss of revenue
in order to stay in competition .                                            -
3.       The Commission believes that in this situation the monitoring of these
two trades should be continued for a further two years , that is until the
end of , 1982 .
4.       The Commission also takes the view that the monitoring system should be
extended to coverthe cargo liner trade between the Community and the Far
East .    This is a very important trade where the liner conference concerned
 ( 1 ) O.J. No . L 5 , 9.1.79, page 31                                             /.
 ---pagebreak--- is competing against not only a number of non-conference members , but also
the Trans-Siberian Railway 's container service .      The Commission proposes
that the Member States should monitor the sea-borne trade on this route
for two years beginning on 1 January 1981 under an extension to the existing
surveillance system ; it would itself propose to obtain , concurrently , impro­
ved information about the place of the Trans-Siberian Railway in the Europe-
Far East transport system .
5.     Since in the Far East  trade and the East Africa trade much use is made
of chartered ships , the information required about " Flag" under the monitoring
system as it exists today does not give sufficient insight into the activities
of the liner operators concerned .   The Commission proposes , therefore , that
the system should be modified , as from 1 January 1981 , so as to require
information to be provided about the name of the company in charge of the
commercial operation of the vessel .
6.     In the light of the information to be collected about the three trades
in question , the possible need to adopt appropriate counter-measures , as
envisaged in Council Decision No . 78 / 774 / EEC of 19 September 1978 ( 1 ), should
be kept under continous review .
 (1 ) O.J. No . L 258, 21.9.78, page 35 .
 ---pagebreak--- PROPOSAL FOR A SECOND COUNCIL DECISION ON THE COLLECTION OF INFORMATION
CONCERNING THE ACTIVITIES OF CARRIERS PARTICIPATING IN CARGO LINER TRAFFIC
IN CERTAIN AREAS OF OPERATION
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 Council Decision        78/774 / EEC of 19 September 1978 con­
cerning the activities of certain third countries in the field of cargo
shipping (1 ),                         -                                        •
Having regard to the proposal for a decision submitted by the Commission ,
Whereas the information collected under Council Decision          79 / 4 / EEC of
19 December 1978 on the collection of information, concerning the activities
of carriers participating in cargo liner traffic in certain areas Qf
operation ( 2 ) gives grounds for concern about the competitive position of
Member State shipping companies because of the nature of the competition
which they face from certain carriers in the trades in question , and whereas
the collection of information about these trades should therefore continue ;
Whereas there are indications that the competitive position of Member
State shipping companies is being adversely affected in the trade between
the Community and the Far East by competition from certain carriers which
are not following the rules of competition in accordance with the prin­
ciples of market economy, and whereas this trade also should therefore be
monitored ;
< 1 ) O.J. No . L 258, 21.9.1978, p . 35
 (2 ) O.J. No . L 5, 9.1.1979, p ..   31
 ---pagebreak---                                     - 2 -
  HAS ADOPTED THIS DECISION :
                                   Article 1
                           Council Decision       79 / 4 / EEC is hereby amended -
  as follows :
1 . in Article 1 , " 31 - December 1980" shall be replaced by "3V December 1982 ".
2 . in Annex I ( Information to be collected ) ( 2 )( a ) shall be replaced
    by the following :     "( a) Flag and name of company responsible for
    the service ".
3. ,     the following paragraph shall be added to Annex II ( List of - areas
    of -   operation ):
    "3 . Between the Member States and the Far East ( Japan , Taiwan ,
    Hong Kong , Malaysia , Singapore , Republic of Korea , the Philippines ,
    Thai land )  .
                                   Article 2
                            The amendments set out in Article 1 shall
    take effect as from 1 January 1981 .
                                    Article 3
                           This Decision is addressed to the Member States .
                                                           Done at Brussels ,
                                                           For the Council
                                                           The President