CELEX: 51988PC0590
Language: en
Date: 1988-10-20 00:00:00
Title: Recommendation for a COUNCIL DECISION authorizing the Commission to propose an amendment to the United Nations Convention on a Code of Conduct for Liner Conferences with a view to making it possible for the Community to accede to the Convention (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 590
Vol. 1988/0200
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM ( 88 ) 590 final
                                                   Brussels , 20 October 1988
                                                                              /
                    !
                             Recommendation for a
                               COUNCIL DECISION
  authorizing the Commission to propose an amendment to the United Nations
    Convention on a Code of Conduct for Liner Conferences with a view to
      making it possible for the Community to accede to the Convention
I
                        (presented by the Commission )
                            fl 2 5 Ca    ij 1 ■     i§)
                                                      M
                            Y           Ssr.j ,   /■/>»,
                                                 Â-7
                                     r,- .       ScJ)
                                                /.. 'JJ
 ---pagebreak---    proposal for an amendment to the United Nations Convention on a
   Code of Conduct for Liner Conference with a view to making it
         possible for the Community to accede to the Convention
1 . The accession of the Community to the Convention was the
     subject of a letter which the Commission sent to Member states
     on  17 March  1987 . In the  letter the Commission reminded Member
     States of Declaration No 4 of the Council of 15 May 1979
     according to which , " as soon as one Member State becomes a
     Contracting Party to the Convention on a Code of Conduct for
     Liner Conferences , that State shall table an amendment , in
     accordance with Article 51 of the Convention , with a view to
     making it possible for the Community to accede to the
     Convention . The other Member states , on becoming Contracting
     Parties to the Code , will support that amendment ".
2.   The  Commission   is convinced that  Declaration No 4 has  not lost
     anything of its validity as part of the " acquis
     communautaire " .  While the  accession of Member States  took
     longer than expected in 1979 , six Member States are now
     Contracting Parties and others are taking steps to follow
     soon .
3 . At this juncture it would be appropriate for the Community to
     use its right to propose amendments to the Convention during
     the Review Conference ( Geneva , 31.10 - 18.11.1988 ) as provided
     for in draft Rule 64-bis ( 1 ). It is likely that Member States ,
     Contracting parties to the Code , would prefer such a
     coordinated approach over an Article 51 initiative , now that
     the opportunity for such an approach is present .
     This means , however , that the efforts to bring about the
     amendment through the implicit acceptance procedure of Article
     51 should be discontinued until the result of the proposed
     negotiation in the Review Conference is known .
4 . The case for Community accession has become stronger indeed :
     - community competence in the field of maritime transport has
        considerably developed , inter alia with respect to matters
        dealt with in the UN Liner Code ;
 (1)    At the time of presenting this proposal to the Council the
        Rules of procedure are not yet adopted , but they will be
        at the beginning of the Review Conference . The present
        proposal serves the purpose to have the Council , timely
        decide , on the assumption that Rule 64-bis will be adopted .
        If Rule 64-bis is not adopted the proposal should be
        presented by the Presidency .
                                                                         I
 ---pagebreak---                                     2
    -  Article 87(2 )  of the third ACP-EEC Convention invites the
       Community to assist ACP States to apply the relevant
       provisions of the Code , so that the accession of the
       Community to the Convention on the Code of Conduct is a
       logical consequence in relation to the developing countries
       concerned ;
    - the purpose of Community accession could be to enable it to
       exercise , within the framework of the Code , the competence
       which existed under the Treaty or the relevant secondary
     t législation .
    - the number of Member States which have become contracting
       Parties  is now six and the  accession of at least two more
       Member States is soon to be expected .
5 . On the other hand , Community accession would imply that the
    Convention would become applicable in trades between the
    Member States which did not yet accede and states which are
    contracting parties . Member States , which are already parties
    may have had hesitations therefore to do the speedy spadework
    for Community accession to which they were committed since
    1979 .
6 . The Commission cannot accept these hesitations to use the
    procedure of Article 51 of Convention . However , since the
    occasion arises to have the Community itself present a similar
    proposal the Commission does not object to the temporary
    suspension of Member States' obligation to invoke the Article
    51 procedure when they become contracting parties , provided
    that the proposal referred to in para 7 will be adopted .
7 . The Commission , therefore , presents to the Council the
    enclosed Recommendation authorising the Commission to propose
    an amendment     to the Convention on the Code with a view to
    making it possible for the Community to accede to the
    Convention as soon as possible .
                                                                    1
 ---pagebreak---                  Recommendation for a Council Decision
authorising the Commission to propose an amendment to the United
  Nations Convention on a Code of Conduct for Liner Conferences
 with a view to making it possible for the Community to accede
                          to the Convention .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community ,
Having regard to the recommendation of the Commission ,
Whereas a Review Conference on the UN-Convention on a Code of
Conduct for Liner Conferences will be held in Geneva in November
1988 to review the working of the Convention , with particular
reference to its implementation , and to consider and adopt
appropriate amendments ;
Whereas the Community has been instrumental in bringing the
Convention into force by adopting Council Regulation ( EEC ) No
954 / 79 , enabling Member States to ratify or accede to the
Convention in conformity with their obligations under Community
law ;
Whereas since that time , six Member states have become
Contracting party and other Member states have made considerable
progress on their way to accession ;
Whereas the Council , at its meeting of 8 May 1979 , agreed that
the Member States , contracting parties would table an amendment
to the Convention , with a view to making it possible for the
Community to accede to the Convention and that the Commission
would subsequently propose that the Council , acting at the
earliest possible moment , lodge the Community 's instrument of
accession to the Convention ;
Whereas while no Member state , contracting party to the Code ,
has so far tabled such an amendment , in general awaiting the
further developments of Community maritime policy ;
Whereas the Community adopted a number of other Regulations
concerning maritime transport , extending the Community 's
competence in this field and three of which are directly
relevant to the Code of Conduct ;
Whereas article 87(2 ) of the third ACP-EEC Convention invites
the Community to assist ACP States to apply the relevant
provisions of the Code , so that the accession of the Community
to the Convention on the Code of Conduct is a logical
consequence in relation to the developing countries concerned ;
 ---pagebreak---                                       2
Whereas the Review Conference seems to be the appropriate
occasion to propose the amendment to the Convention enabling the
Community to accede to the Convention ;
Whereas   under   the  circumstances  this    amendment  should be
proposed by the Commmunity , provided the Rules of procedure of
the Review Conference make this possible ;
HAS  DECIDED   as  follows  :
                                 Article  1
The Commission is to make a proposal at the Review Conference on
the united Nations Convention on a Code          of Conduct  for Liner
Conferences to amend the Convention with a view to enabling the
Community to accede to it .
                                  Article   2
If the rules of procedure adopted by the Conference do not make
it possible for the commission to submit the proposal , it shall
be submitted by the Member State holding the presidency .
                                  Article 3
The amendment referred to in Article          1 concerns  the addition of
the words " and regional international organisations to which
their Member States have transferred competences with regard to
matters governed by the present Convention " to the word " State "
( or " States ") when appropriate , i.e. in Articles 48(2 ), 49(2 ),
49(3 ),  51(1 ),  52(2 ), 52(4 ) and 53(1 ).
Done at Brussels                                  For the Council
                                                   The  President