Decision 1993/125 - 93/125/EEC: Commission Decision of 17 February 1993 on Spain's request for adoption by the Commission of safeguard measures under Article 5 of Regulation (EEC) No 3577/92 against applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (Only the Spanish text is authentic) - Main contents

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93/125/EEC: Commission Decision of 17 February 1993 on Spain's request for adoption by the Commission of safeguard measures under Article 5 of Regulation (EEC) No 3577/92 against applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (Only the Spanish text is authentic)

Official Journal L 049 , 27/02/1993 P. 0088 - 0089

COMMISSION DECISION of 17 February 1993 on Spain's request for adoption by the Commission of safeguard measures under Article 5 of Regulation (EEC) No 3577/92 against applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (Only the Spanish text is authentic)

(93/125/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (1), and in particular Article 5 (1) thereof, which sets out the circumstances under which a Member State may request the Commission to adopt safeguard measures in the event of serious disturbance of the internal transport market due to cabotage liberalization or in the case of an emergency,

Whereas the competitive position of the Spanish shipping industry is not at the level of that of several other shipping industries in the Community, the operating costs of which decreased because of the use of special registers which give more favourable fiscal and other treatment to ships particularly when operating outside home waters;

Whereas Spain published on 25 November 1992 a new Law on Ports and Merchant creating a special register for vessels and shipping companies which will be open initially for vessels operating in international trade only; whereas the average tonnage of the Spanish fleet operating in cabotage is small compared to the competitive fleets from other Member States, therefore, causing a cost disadvantage; whereas the operating costs of Spanish vessels in Spanish waters can be adjusted only over a period of time given the need for further revision of applicable agreements and regulations, whereas for these reasons the likely appearance of ships registered in other Member States' special registers may pose a serious threat to the survival of Spanish operators in the cabotage market;

Whereas Spain adopted on 23 December 1992 a ministerial order adopting unilateral safeguard measures on the basis of the last subparagraph of Article 5 (1) of Regulation (EEC) No 3577/92 consisting of the suspension of the application of the said Regulation in Spain for a period of three months;

Whereas on the 8 January 1993 Spain formally comunicated the adoption of the above measure and, on the basis of a study prepared by the Spanish authorities on the impact of an immediate liberalization of cabotage on the carriers directly involved, requested the Commission to grant a derogation of 12 months from the application of the said regulation for continental cabotage traffic;

Whereas a meeting was organized by the Commission on the 20 January 1993 to consult other Member States on this request in accordance with Article 5 (1) of the abovementional Regulation;

Whereas the Commission considers that the situation described in the study cannot be considered as an emergency, since the financial stability or existence of a significant number of Spanish shipowners was not threatened within such a short period of time and therefore cannot justify the unilateral measure adopted by Spain;

Whereas a careful examination of the present situation and of the study presented by Spain gives, on the other hand, sufficient indication that a serious disturbance of the internal transport market is likely to occur in Spain if a certain period is not allowed for the effective implementation of the...

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