European Union shipping law

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European Union shipping law is the body of law developed by the

shipping or maritime
matters.

Introduction

Shipping is extremely important to the European Union. The EU is the world's second-largest

EC
and a significant source of foreign income.

Origins

In principle, all of

anti-trust law
but also in the areas as safety, the environment, ports and employment.

Freedom to Provide Services

In principle, all EU

shipowners are free to provide maritime services either between Member States or within Member States (i.e., provide cabotage services). The right to provide international maritime services (provided one EU port was involved) is enshrined in Regulation 4055/86.[1]
The freedom to provide services between ports within one and the same EU Member States (i.e., so-called "cabotage" services) provided more difficult to achieve and it was only accomplished when Regulation 3577/92 was adopted by the EU.

Competition Law

One of the most controversial topics is the application of competition law to maritime transport and, in particular, liner conferences.

Competition law is the set of legal rules designed to ensure freedom or rivalry in the marketplace. It is known as "antitrust law" in the US.

Between 1986 and 2006, the EC had a special regime exempting many liner conferences from the application of the prohibition on anti-competitive arrangements (i.e. Article 81 of the EC Treaty (now Article 101 of the Treaty on the Functioning of the European Union)). This exemption was contained in Regulation 4056/86 which has now been repealed, effective October 2008. Many other countries such as Singapore, Japan and China, in an effort to prevent destructive competition, are allowing price-setting immunity of liner conferences.

EU State aid law is becoming of increasing significance in the sector. Ports have to ensure that developments are compliant with State aid law and Member States may therefore have to notify proposed aid schemes to the European Commission for prior approval.

References

  1. ^ Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries

Sources

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