Advanced Search

Law On The Free Movement Of Services Within Maritime Transport

Original Language Title: Lov om fri utveksling av tjenesteytelser innen sjøtransport

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on free exchange of service benefits within sea transport.

Date LAW-1992-12-04-121
Ministry of The proximity and the fisheries Department
Last modified LAW-1998-06-26-52 .
Published And In 1992 No. 24
Istrontrecation 01.01.1994 concurrently with the EES Agreement
Changing
Announcement
Card title Law of sea transport services

Capital overview :

Lovens title modified by law 26 June 1998 No. 52 (ikr. 26 June 1998 with effect from 1 apr 1998). Jf. EES deal attachment XIII number 53 (fd. 4055/86, which changed by fd. 3573/90), and attachments XIII number 553a (fd. 3577/92).

SECTION 1.
1) The law applies free exchange of service benefits within sea transport between and in states attributed to the European Economic Economic Area and between states attributed to the European Economic Area and third-person agreement, as a result of the agreement on The European Economic Area.
2) The EES agreement's attachment XIII number 53 (Council Regulation (ELF) # 4055/86, which changed at the Council of Regulation (ELF) 3573/90) about the applicability of the principle of freedom to provide services on maritime transport between states attributed to the European Economic Economic Area, and between these states and trijeland, applies as law with the precision locations and limitations as follows of attachments XIII, protocol 1 to the agreement and agreement of the
3) Council Regulation (EEF) 3577/92 of 7. December 1992 about the Applicability of the principle of the adage to provide services within sea transport in the Member States (maritime cabowear), incorporated into the EBeer Agreement's Attachment XIII as new No. 53a, and applies as law with the precision locations and limitations as follows by attachments XIII, protocol 1 to the agreement and agreement for the otherwise.
0 Modified by law 26 June 1998 # 52 (ikr. 26 June 1998 with effect from 1 apr 1998).
SECTION 2.
1) The law will take effect the same day as the agreement on the European Economic Area of the European Economic Area will take effect for Norway.
2) From the time the law takes effect, the following changes are made to :---

Below is the EES agreement attachment XIII number 53 (foreclosures number 4055/86 and # 3573/90) and No. 53a (Regulation # 3577/92) with the EES adaptations made by the State Department and the Law Assembly's editorial. Record marked by noteall and * are the State Department notes on the rendering of the frd. 4055/86 and fd. 3573/90 in Ot.prp.No. 62 (1991-1992) s. 13 fg.

EES deal attachment XIII number 53 (Council Regulation (ELF) # 4055/86 of 22 des 1986 about the Applicability of the principle of access to provide services on sea transport between member states and between member states and third-place students)

[ The Council of the European Community has-

under reference to the Treaty of the Creation of the European Economic Community, especially Article 84 Article 2,

under reference to draft Regulation from the Commission,

under reference to the statement from the European Parliament,

under reference to the statement from the Economic and Social Committee, and

out from the following consideration :

According to the treaty Article 3, the Joint Company's business is going to be able to remove obstacles for the free mobility of service benefits between the Member States.

According to the treaty Article 61, the free mobility of service benefits within the transport business is regulated by the provisions of the Department of Transport.

This principle must be applied within the community too that it is facing third-party policies to be able to effectively be able to ensure lasting Applicability of business principles on shipspeed.

According to Council Regulation (ELF) # 954/79 has member states, from the time they ratify the Convention, among other things within the conferences free access to the part of the line of pace that is not reserved for the third-party national rederies in accordance with the United Nations Convention on a Regulatory regulations for the line conference's business.

The regulations still do not get the Applicability of all of the Joint Company's speed areas, and it is likely that neither in the future gets the Applicability on some of these speed areas, as the rule of regulations has yet to be ratified by all Member States and certain The third-place students probably won't ratify it.

The rule of regulations applies only to line onferences and cargo that is being shipped by their members and of course neither for independent lines or rederiments that drive dent or trampoline, which are enterprise areas where the community intends to maintain a arrangement with fair and free competition.

The community is ending full-out to Resolution No. 2 adopted by the United Nations Conference on a Regulatory Regulatory business, where it is declared that of regard to a harmonious development of the sea transport services, the linjereries outside the conference should not be prevented in its business so long they respect the principle of fair competition on commercial basis.

The member states confirm that they enter for free competition, which is one of the essential moves at bulkspeed with dry cargo and liquid cargo, and is convinced that the introduction of cargo sharing on these speed areas will have serious repercussions for all of the state trade interests by the transport costs will increase significantly.

The leaders of the community face an increasing scope of restrictions imposed by third parties, preventing them from offering their services to deskiers established in their own member state, in other member states or in the affected third-person states, and The restrictions can get harmful effects for the collective speed of the company.

Some of the restrictions have been taken into bilateral agreements between third-stage and certain member states, and others follow similar regulations in certain member state legislation or management practices.

The principle of admission services should therefore for the future few Applicability on sea transport between the Member States and between member states and third-place students, with aim of gradually removing the restrictions that exist and to prevent the introduction of new restrictions.

The Joint Company's shipbuilding sector has such a structure that the provisions of this Regulation should also obtain the Applicability of Member States of the State of the Union, and on rederiments established outside the community that is controlled by the citizens of state. a member state, if their vessels are registered in this Member State in accordance with its legislation.

It should be determined regulations on transition periods of affordable duration, which correspond to the characteristic of the kind of transport business it applies-enacted this Regulation : ]

Art 1.
1. The controversy parters State citizens established in a different counterend party than the service's recipient shall have access to the port of sea transport services between the counterparts parties and between the counterparts parties and third-place testing.
2. The provisions of this Regulation also receive the Applicability of the controversy parters State citizens established outside the counterparts parties and on rederiments established outside the counterparts parties and as controlled by state citizens in a counterend party , if their vessels are registered in this counterend party in accordance with its legislation.
3. The provisions of the treaty of the treaty 55 to 58 and in Article 62 are given the Applicability of the case field this Regulation discusses.
4. In this Regulation shall the following be considered as sea transport services between counterparts parties and between counterparts parties and third-party, if the services typically be totes against the settlement :
a) transport within the counterparts parties :

sea transport of passengers or cargo between a counterherding the Parts port and another counterherding the Parts port or installations off the coast,

b) traffic with third-place testing :

sea transport of passengers or cargo between a counterherding the Parts port and a third-party port or installations off the coast.

Art 2. [ There should be no unilaterally national restrictions on the shipping of certain goods that are partly reserved for vessels that carry nationwide flags. ]
Art 3.Ordments of cargo share in existing bilateral agreements reached by the counterparts parties of third-place, shall be repeates gradually or adapted in accordance with the provisions of Article 4.
Art 4.
1. Existing arrangements with cargo sharing that have not been repeaed in accordance with Article 3 shall be tuned in compliance with The European Economic Collaboration Area legislation, and especially :
a) for speed regulated by the United Nations Conference on a Regulatory Conference of the Line Conference of the United States, the moderates shall be in compliance with the regulations and the controversy parters obligations under the EES agreement's attachment XIII number 52,
b) for speed that is not regulated by the United Nations Conference for Line Conference's business, the agreements should be adapted immediately and under any circumstances before 1. January 1993, so that for everyone the controversy parters nationals, as defined in Article 1, Sikres fair and free access without the difference processing to the cargo shares that they touched the counterparts parties is entitled to.
2. EFTA countries and EFTAs Watch organ shall immediately be underdirected on national measures hit according to the No. 1. The approach for consultations introduced at the Council of the Council of 77 /587/EEF is given the Applicability.
3. EFTA countries shall, to begin with every six months and later every year, report to EFTAs Watch organ about progress made when it comes to the adaptations mentioned in the 1 letter b).
4. If problems arise by the adaptations of the agreements to bring them in accordance with # 1 letter b), shall they touch EFTA country inform EFTAs Watch organ about this. If the agreements are incompatible with the No. 1 letter b) and the affected EFTA country asking for it to EFTAs Watch organ hit appropriate measures.
Art 8. With the reservation of the treaty regulations on establishing admission, a service provider can within sea transport, to carry out its services, temporarily exercising its business in the counterend party where the services are received on the same terms applicable to this state's own nationals.
Art 9.As long as the restrictions on the adhall to provide services have not been removed, the individual counterend party invoking them on all service providers mentioned in article 1 number 1 and 2, without making a difference on the basis of citizenship or residence.
Art 10. Before EFTA country pass the laws and regulations that are necessary to conduct this settlement, they shall consult EFTAs surveillance organ, and they shall inform EFTAs Watch organ all regulations that are passed in this connection.
Art 11. The EES Committee shall comply with the terms of the treaty consider this Regulation on new within 1. January 1995. Art 12.This Regulation takes effect from the same time as the rest of the EES deal.

This Regulation is in all parts binding and comes [ directly ] to the Applicability of all counterparts parties .

EES deal attachment XIII number 53 (Council Regulation (ELF) # 3573/90 of 4 des 1990 about Change, as a result of Germany's reunion, of Regulation (ELF) 4055/86 about the Applicability of the principle of admission to provide services within sea transport between member states and between member states and third-stage students)

[ The council of the European communities has-

under reference to the Treaty of the Creation of the European Economic Community, especially Article 84 Article 2,

under reference to proposals from the Commission,

under reference to the statement from the European Parliament,

under reference to the statement from the Economic and Social Committee, and

out from the following consideration :

The European Economic Community has adopted a policy work on sea transport.

The rain from the time of Germany's reunion gets the community court full-out inquiry on the former German Democratic Republic of territory.

It is necessary to make certain changes of Regulation (EELF) # 4055/86 due to the special situation as a result of Germany's reunion when it comes to the bilateral agreements reached between the former German Democratic Republic and third-year-old.

The agreements struck by the former German Democratic Republic are only applicable to cargo from this state, and as a result of this gets the third-party any rights in accordance with arrangements for cargo sharing meaning only for cargo of origin on the earlier German Democratic Republic of territory

The deadline set for the Member States adapts of agreements on pace that has not been regulated by the United Nations Regulatory Conference of the bilateral agreements must be extended for the bilateral agreements as the former German Democratic Republic has reached with third-level third, so that Germany should be able to bring the necessary negotiations to adapt the agreements-passed this Regulation : ]

Art 1.I Regulation (EBeer) # 4055/86 Article 4 # 1 letter b) should new clause sound :

" The agreements reached by the former German Democratic Republic shall be adapted as soon as possible, but at the latest 1. January 1995. "

Art 2.This Regulation takes effect from the same time as the rest of the EES deal.

This Regulation is in all parts binding and comes [ directly ] to the Applicability of all the counterparts parties.

EES deal attachment XIII number 53a (Council Regulation (ELF) # 3577/92 of 7 des 1992 about the Applicability of the principle of the adhall to provide services within sea transport in the Member States (martim cabotage)

[ The council of the European communities has-

under reference to the Treaty of the Creation of the European Economic Community, especially Article 84 # 2.

under reference to changed proposals from the Commission,

under reference to statements from the European Parliament,

under reference to the statement from the Economic and Social Committee, and

out from the following consideration :

The European Parliament passed on 12. June 1992's resolution on liberalization of martim cabotage and the economic and social consequences of this.

According to the treaty Article 61 regulated the adhall to provide services on the seatransport area of the provisions of the Department of Transport.

It is necessary to undo the restrictions on the adhall to provide services within sea transport in the Member States to impose the interior market. The interior market includes an area where free heat-swap and free mobility for people, services and capital is secure.

The adoption of the services should therefore apply for sea transport in the Member States.

The adoption of services should apply to EF shipships with vessels registered in a member state and leads this member state's flag, whether it has a coastline or not.

The adoption to provide services will be expanded to also include vessels registered in Euros, as soon as this registry is approved.

In order to avoid competitive rotation, EF shipships should be allowed to provide causation services, fulfill all terms to carry out the kabotage of the Member State where their vessels are registered. EF shipships that drive vessels registered in a member state, and who do not have the right to carry out cabowear in this state, should still have rights after this settlement in a transition period.

The adoption of services should be carried out gradually and not necessarily in a singular manner for all affected services, as it takes into account certain distinctive service maps and the extent of the effort that needs to be made within certain economies in The community on different development steps.

It may be justified in introducing public services that involve certain rights and obligations for the affected shipleaders, to ensure adequate and regular transport services to, from and between islands, provided that no one is happening difference processing on the basis of nationality or residence.

It should be passed regulations that allow to hit the protection of marine transport markets that are exposed to severe disruption, or in an emergency. For this purpose, it should be introduced to appropriate decision procedures.

On the background of the need to ensure that the interior market works for the purpose, and on the background of possible adaptations that must be taken in light of experiences made, the Commission should report the review of this Regulation and if necessary making additional proposals-adopted this Regulation : ]

Art 1.
1. From 1. January 1993 shall the adhall to provide sea transport services in a EDS state (martim cabotage) apply to all EES shipbuilding of vessels registered in a member state and leads this member state's flag, provided that the vessels meet all conditions to carry out the caustage in the Member State, herunder vessels registered in Euros as soon as this registry is approved by the council.
2. As the exception is to be the applicability of the determination of the No. 1, which determines that vessels should meet all terms to carry out cabowear in EDS states where they are registered at the time, temporarily repeatable until 31. December 1996.
Art 2.I This Regulation is meaning
1) " sea transport services in a EDS state (maritime cabotage) ", services that are generally offered against settlement, herunder especially :
a) mainland landwear : sea transport of passengers or goods between ports that lie on one and the same EDS-state mainland or main territory, without the races of islands,
b) Supply services off-shore : sea transport of passengers and goods between any port in a EDS state and installations or facilities on this member state's continental solosole,
c) island of the island : sea transport of passengers or goods between
- ports that are located on the mainland and on one or more of the islands of one and the same EDS state ,
- ports that lie on the islands of one and the same EDS state ;

Ceuta and Melilla are to be treated in the same way as the island ports,

2) " EES shipbuilding "
a) one EDS-state citizens established in a EDS state in accordance with this The EDS state legislation, and as exercising sea transport business,
b) ship rederiments established in accordance with a EDS-state legislation, and whose main enterprise is located in a EDS state also where the actual control is being practiced, or
c) one EDS-state citizens established outside EELESS or ship rederiments established outside EELESS and controlled by a EDS-state citizens, if their vessels are registered in a EDS state and leads this The EDS state flag in accordance with its legislation,
3) "contract on public service", a contract struck between the person authorities in a EDS state and a EES shipbuilding to offer the public adequate transportation services.

A contract on public service can particularly include

- transport services that meet established standards for continuity, rules fairs, capacity and quality,
- additional transport services,
- transport services to specific prices and on specific terms, especially for certain categories passengers or on certain routes,
- adaptations of services to actual needs,
4) "obligations to public service", they obligations as the appropriate EES shipbuilding would not undertake or would not undertake in the same extent or on the same terms if he should take into account his own business interest,
5) "serious disruption to the national transport market," instance of problems in the market that are distinctive to this market, and as
- is of such a species that they can lead to a serious and potentially durable offering in relation to the demand,
- is due or amplified by the martim caboking business, and
- poses a serious threat to a significant number of The EES shipbuilding economic stability and overliving ability,

provided that the forecasts on short and medium-term of the appropriate market do not show significant and lasting improvements.

Art 3.
1. For vessels carrying out mainland land and for cruise vessels, all questions with respect to the crew shall be the responsibility of the state in which the vessel is registered (the flag state), with the exception of vessels of under 650 brt, which can be underhanded the terms of the host state.
2. For vessels carrying out eye-assembly, all questions with respect to the crew shall be the responsibility of the state in which the vessel performs a naval transport service (the host state).
3. For cargo vessels of over 650 brt performing eye-wear, however, all questions with respect to crew from 1. January 1999 be the responsibility of the state where the vessel is registered (the flag state), if the appropriate journey follows or goes ahead of a trip to or from another state.
[ 4 ] The Commission shall conduct a thorough examination of the economic and social effects of the liberalization of eye-assembly and shall advance a report for the council by the latest within 1. January 1997.

On the basis of the report, the Commission is going to provide the Council a proposal that may include adaptations of the regulations stipulations in the 2 and 3 about the crew's citizenship, so that the final arrangement can be approved by the council in good time within 1. January 1999. ]

Art 4.
1. One EDS state can make contracts on public service with shipwrecks participating in regular speed to, from and between islands, or impose them obligations to public service as conditions for the provision of cabotajer services.

When a EDS state deals on public service or impose obligations to public service, it shall do so without the difference processing of The EES shipbuilding.

2. When The EES states impose obligations to public service, they shall limit themselves to the demands of which ports are to be estimated, rules messitation, continuity, ability to provide service, rates to be used, and the vessel's crew.

All EES shipbuilding shall have access to receive any allowance for obligations to public service.

3. Existing contracts on public service may continue to apply until they expire.
Art 5.
[ 1. In the case of severe disruption to the national transport market that is due to the liberalization of cabowear, a Member State can request the Commission to pass the protection measures.

After the co-counsel with the rest of the Member States, the Commission shall meet the decision of necessary protection measures within 30 reality days after it received the appropriate request from a member state. The measures may include that the affected area is temporarily excluded from this foreding scope for a time period that must not exceed twelve months.

The Commission shall inform the council and member states of any decision it hits on the protection of protection.

If the Commission at the expiration of the period of 30 reality days has not yet struck the decision in the case, the affected member state shall have the right to invoking the requesters of the Commission's decision until the Commission has struck its decision.

In an emergency, member states, the member states, however, sided-sided temporary measures that could be in effect for a period of the maximum of three months. In such a case, member states shall immediately inform the Commission that such measures are enacted. The Commission can undo the measures or confirm them with or without changes until it hits its final decision in accordance with other clauses.

2. The Commission can also pass the protection measures on their own initiative by same-sex member states. ]
Art 6.
1. As exceptions, the following sea transport services will be conducted in the Mediterranean Sea and along the coast of Spain, Portugal and France temporarily exemptions from the completion of this Regulation :
- cruise services, up to 1. January 1995,
- transport of strategic estate (oil, petroleum products and drinking water), until 1. January 1997,
- services conducted with vessels of under 650 brt, up to 1. January 1998,
- regular passenger and ferry transport services, up to 1. January 1999.
2. As exceptions are to eye-wear in the Mediterranean and cabotage that apply to the island groups of the Canary Islands, Azores and Madeira, as well as Ceuta and Melilla, the French islands along the Atlantic coast and the French Overseas Ministry of Foreign and the French Overseas Debents the completion of this Regulation until 1. January 1999.
3. Out of consideration of socio-economic equalization shall be the duration of the exception determined in the 2 extensions for Greece up to 1. January 2004 for regular passenger and ferry transport services and for services conducted with vessels of under 650 brt.
Art 7. Unless otherwise stipulated in this agreement, the appointment parties shall not impose any new restrictions on the admission of services that are actually achieved the day the EBeer Committee is hitting the decision to incorporate this Regulation in agreement.
Art 8.With reservations for The EES agreement provisions of the right to establishment and provisions of this Regulation may a person who are providing a sea transport service, for this purpose temporarily exercise its business in The EDS state where the service providers, on the same terms as this state impose their own citizens.
Art 9. [ Before EFTA states in EPS pass the laws and regulations that are necessary to conduct this settlement, they shall consult EFTAs surveillance organ They will inform it of all measures that are enacted in that manner. ]
Art 10. [ Within 1. January 1995 and then annany Year shall the Commission advance for the Council a report on the completion of this Regulation and optionally necessary suggestions. ]
Art 11. [ This Regulation takes effect 1. January 1993.

This Regulation is binding in all parts and comes directly to the Applicability of all Member States. ]