Procedure : 2006/0308(COD)
Document stages in plenary
Document selected : A6-0258/2007

Texts tabled :

A6-0258/2007

Debates :

Votes :

PV 10/07/2007 - 8.16

Texts adopted :

P6_TA(2007)0304

REPORT     ***I
PDF 139kWORD 67k
28 June 2007
PE 388.437v02-00 A6-0258/2007

on the proposal for a regulation of the European Parliament and of the Council repealing Council Regulation (EEC) No 954/79 concerning the ratification by Members States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences

(COM(2006)0869 – C6-0059/2007 – 2006/0308(COD))

Committee on Economic and Monetary Affairs

Rapporteur: Corien Wortmann-Kool

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council repealing Council Regulation (EEC) No 954/79 concerning the ratification by Members States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences

(COM(2006)0869 – C6-0059/2007 – 2006/0308(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0869)(1),

–   having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0059/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6-0258/2007),

1.  Approves the Commission proposal;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and the Commission.

(1)

Not yet published in OJ.


EXPLANATORY STATEMENT

A.       Content of the Commission Proposal

The Commission proposal aims to repeal Council Regulation (EEC) No 954/79 of 15 May 1979. The repeal has been made necessary by the adoption of Council Regulation (EC) No 1419/2006 of 25 September 2006 repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services.

Parliament had been consulted by Council on the repeal of the above-mentioned Regulation (EEC) No 4056/86 pursuant to Article 83 of the Treaty (legislative resolution of 4 July 2006).

Regulation (EEC) No 954/79 deals with the accession to, or ratification by Member States of, the "Convention on a Code of Conduct for Liner Conferences", drafted under the auspices of the United Nations Conference on Trade and Development (UNCTAD Code). Thirteen Member States are party to the UNCTAD Code.

The aim of the Code was to set out a harmonised international framework for shipping conferences, thereby promoting fair access to freight in liner-shipping between operators from industrialised and developing countries. Since the UNCTAD Code provides for the attribution of freight on the basis of national shares, Community law had to be adapted in order to guarantee its compatibility with the Treaty competition rules. In order to do this, Council Regulation (EEC) No 954/79 was adopted.

With the adoption of Regulation (EC) No 1419/2006, the block exemption set out in Regulation (EEC) No 4056/86 got repealed. As requested by Parliament, on 18 October 2008, after the issuance of guidelines on competition in the maritime sector, shipping conferences will become illegal on trades to or from ports of the Community.

Member States which are currently party to the UNCTAD Code will no longer be able to fulfil their obligations and should withdraw from the Convention. The Member States need to address their withdrawal from the convention themselves because it is not a matter of Community law.

Regulation (EEC) No 954/79 will become obsolete and, in line with the approach on better regulation defended by Parliament, should be repealed at the time of the entry into force of Regulation (EC) No 1419/2006 on 18 October 2008.

B.       Rapporteur's Opinion

In its legislative resolution of 04/07/2006 Parliament backed by an overwhelming majority the application of Article 81(1) of the Treaty to liner shipping and shipping conferences. It was clear from the outset that this decision would result in the necessity to repeal Regulation (EEC) No 954/79 and the bilateral agreements based thereon. In fact, Parliament's amendment 4 of the legislative resolution explicitly recommends that "Member States should withdraw from the Code" once the Regulation is repealed.

Given Parliament's clear stance on bringing maritime transport under the common competition enforcement rules - under the condition that the Commission publishes appropriate guidelines to this regard, which is due to happen this year - it would appear to be consistent in your Rapporteur's view, if Parliament also gave a positive reaction to the current Commission proposal of repealing Regulation (EEC) No 954/79.


PROCEDURE

Title

United Nations Convention on a Code of Conduct for Liner Conferences (repeal of Council Regulation (EEC) No 954/79)

References

COM(2006)0869 - C6-0059/2007 - 2006/0308(COD)

Date submitted to Parliament

30.1.2007

Committee responsible

       Date announced in plenary

ECON

13.3.2007

Committee(s) asked for opinion(s)

       Date announced in plenary

TRAN

13.3.2007

 

 

 

Not delivering opinions

       Date of decision

TRAN

28.2.2007

 

 

 

Rapporteur(s)

       Date appointed

Corien Wortmann-Kool

13.2.2007

 

 

Discussed in committee

4.6.2007

27.6.2007

 

 

Date adopted

27.6.2007

 

 

 

Result of final vote

+:

–:

0:

39

0

0

Members present for the final vote

Mariela Velichkova Baeva, Zsolt László Becsey, Pervenche Berès, Sharon Bowles, David Casa, Jonathan Evans, Elisa Ferreira, Jean-Paul Gauzès, Donata Gottardi, Benoît Hamon, Gunnar Hökmark, Sophia in ‘t Veld, Othmar Karas, Christoph Konrad, Guntars Krasts, Kurt Joachim Lauk, Andrea Losco, Astrid Lulling, Cristobal Montoro Romero, Joseph Muscat, Lapo Pistelli, John Purvis, Alexander Radwan, Bernhard Rapkay, Heide Rühle, Eoin Ryan, Antolín Sánchez Presedo, Olle Schmidt, Margarita Starkevičiūtė, Ieke van den Burg

Substitute(s) present for the final vote

Katerina Batzeli, Harald Ettl, Werner Langen, Gianni Pittella, Kristian Vigenin, Corien Wortmann-Kool

Substitute(s) under Rule 178(2) present for the final vote

Slavi Binev, Giovanni Berlinguer, Adam Gierek

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