REPORT on the proposal for a Council regulation on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)(codified version)
1.4.2008 - (COM(2007)0753 – C6‑0475/2007 – 2007/0265(CNS)) - *
Committee on Legal Affairs
Rapporteur: Lidia Joanna Geringer de Oedenberg
(Codification – Rule 80 of the Rules of Procedure)
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a Council regulation on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)
(codified version)
(COM(2007)0753 – C6‑0475/2007 – 2007/0265(CNS))
(Consultation procedure – codification)
The European Parliament,
– having regard to the Commission proposal to the Council (COM(2007)0753),
– having regard to Article 83 of the EC Treaty, pursuant to which the Council consulted Parliament (C6‑0475/2007),
– having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts[1],
– having regard to Rules 80 and 51 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A6‑0089/2008),
1. Approves the Commission proposal as adapted in line with the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;
2. Instructs its President to forward its position to the Council and Commission.
- [1] OJ C 102, 4.4.1996, p. 2.
ANNEX
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CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES
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Brussels, January 2008
OPINION
FOR THE ATTENTION OF
THE EUROPEAN PARLIAMENT
THE COUNCIL
THE COMMISSION
Proposal for a Council Regulation on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)
COM(2007) 753 final, 27.11.2007 - 2007/0265 (CNS)
Having regard to the Interinstitutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts, and in particular to point 4 thereof, the Consultative Working Party, consisting of the respective legal services of the European Parliament, the Council and the Commission, met on 4 December 2007 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.
In the course of examining[1] the proposal for a Council regulation codifying Council Regulation (EEC) No 479/92 of 25 February 1992 on the application of Article 85(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia), the Working Party established the following points by common accord:
1) In the preamble, after recital 4, the texts of the fourth, fifth and sixth recitals of Regulation (EEC) No 479/92 should be reinstated in the modified form of the following two recitals: ‘(5) Joint service agreements between liner shipping companies with the aim of rationalising their operations by means of technical, operational and/or commercial arrangements (described in shipping circles as consortia) can help to provide the necessary means for improving the productivity of liner shipping services and promoting technical and economic progress, (6) Maritime transport is important for the development of the Community’s trade and consortia agreements can fulfil a role in this respect, taking account of the special features of international liner shipping. The legalisation of these agreements is a measure which can make a positive contribution to improving the competitiveness of shipping in the Community’. Consequently, the recitals currently numbered 5 to 8 should be renumbered.
2) In Article 5, the words ‘adopted pursuant to Article 1’ should be replaced by the words ‘for which provision is made in Article 1’.
This examination resulted in the Consultative Working Party establishing, by common accord, that the proposal is a straightforward codification of existing texts, without any change in the substance of the acts concerned.
C. PENNERA J.-C. PIRIS M. PETITE Jurisconsult
Jurisconsult Director-General
- [1] The Consultative Working Party had at its disposal 19 language versions of the proposal and worked on the basis of the French version, being the original-language version of the working document.
PROCEDURE
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Title |
Application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) (codified version) |
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References |
COM(2007)0753 – C6-0475/2007 – 2007/0265(CNS) |
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Date of consulting Parliament |
19.12.2007 |
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Committee responsible Date announced in plenary |
JURI 15.1.2008 |
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Rapporteur(s) Date appointed |
Lidia Joanna Geringer de Oedenberg 19.12.2007 |
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Date adopted |
27.3.2008 |
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Date tabled |
1.4.2008 |
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