ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (86) 013
Vol. 1986/0004
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COMMISSION OF THE EUROPEAN COMMUNITIES
COM(86) 13 final.
Brussels, 8 January 1986.
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL·
United Nations Conference on Conditions for Registration of
Ships# Resumed Session# 20 January - 7 February 1986
COM(86) 13 final
I . INTRODUCTION
1. In accordance with Resolution 39/209 of the General
Assembly of the United Nations of 20 December 1982, the
UN Conference on Conditions for Registration of Ships
met for the third time in Geneva from 8 - 1 9 July 1985.
The Conference made significant progress on the key
issues of management, manning and ownership. However,
a further meeting will be necessary to enable it to
complete its work. This meeting is provisionally
scheduled for 20 January - 7 February 1986.
2. Community coordination and consultation with the Member
States is necessary in order to discuss outstanding
issues and problems in order to maintain a common
position at the Conference; of particular importance
is the issue of ownership, an issue on which Member
States have not yet adopted a common position.
3. At the previous meeting of the Conference, the
Community submitted a clause to be inserted in the
Agreement in order to safeguard the rights and
obligations of the Member States under the Treaty of
Rome . I.
I I . COMMON POSITION OF THE MEMBER STATES
4. In its previous Communication to the Council on the
subject of the UN Conference (1), the Commission stated
its views on the general aspects of the issue of
adopting a common position. It stressed the need for
the Member States and the Commission to consult each
other so as to proceed throughout the Conference with a
common position.
( 1 ) C o m ( 8 5 ) 3 8 8 § § 4 - 8
- 2 -
!iI
i
•
The representatives of the Member States at the Confer
ence were substantially in agreement with the
Commission's proposal.
5. The Member States failed, however, to maintain a common
position on the issue of ownershi^!( 1 ) . The solution to
this issue envisaged by the GrouJ)^ at the Conference
created a problem for one Member ’ State. At the end of
the Conference, the OECD group agreed to put itself on
record as supporting the position of that Member State
without prejudice to the agreement achieved with the
other Groups.
6. The Commission deplores the failure of Community soli
darity in this instance, particularly since this issue
is of major importance to the Member State concerned.
i
i
The Commission is also concerned|that this might create
a precedent for other outstanding questions and that
the Member States might not be able to adopt a common
position on the Agreement as a whole.
7. The Commission, therefore, stresses the importance for
the Community that the Member States and the Commission
remain in close contact and consult each other as
necessary in the most appropriate manner so as to pro
ceed throughout the Conference with a common position;
and in doing so contribute to maintaining solidarity
within the OECD Group.
(1) The text of the relevant provisions are contained in
document (TD/RS/CONF/19/Add.1)
r ■..
- 3 -
III . CONDITIONS OF REGISTRATION AND THE TREATY OF ROME
8. In its Communication to the Council of 5 July 1985, the
Commission stated the reasons for the insertion in the
Agreement of a clause which safeguards the rights and
obligations of Member States under the Treaty of Rome.
These rights and obligations relate to the free move
ment of workers, the freedom to provide services, the
right of establishment, the free movement of capital
and the rules on competition (1 ).
9. In accordance with the proposal of the Commission, the
following clause was submitted to the Conference by the
representative of Belgium on behalf of the Community
and its Member States :
"This Agreement does not affect the rights and obliga
tions directly or indirectly resulting from a State's
membership of a regional economic integration
organisation."
It was not possible to secure the support of the OECD
Group for the Community clause before submitting it to
the Conference. The matter will be considered at the
resumed session.
10. The delegation of the USSR has entered a reservation on
the Community clause questioning the compatibility with
Article 30 of the Vienna Convention, and in particular
whether : (i)
(i) decisions of the EEC Council would prevail over
the Agreement;
( 1 ) C O M ( 8 5 ) 3 8 8 , § § 1 2 - 1 6
- 4 -
(ii) the rights and obligations referred to in the
clause concerned only relations between Member
States or whether they also related to third
countries.
This delegation also questioned whether the provision
in the second indent of §2 of the article on manning
(^ ) did not meet the Community concerns·
The provisions in the Article on manning, however, are
inadequate, They only relate to manning requirements
and they do not in general cover Treaty obligations.
11. The Community clause submitted at the Conference is
drafted in very general terms and does not mention the
specific aspects of the Agreement, where it is
necessary to safeguard Community obligations under the
Treaty. in order to allay the concern expressed by
the USSR delegation and without prejudice to the
Community position, the clause set out in §11 above
could be modified to read as follows:
"This Agreement does not affect the rights and obliga
tions of States, Parties to this Agreement, which
arise directly or indirectly from provisions in an
agreement establishing a regional economic integration
organisation relating to the free movement of workers,
the freedom to provide services, the right of estab
lishment, the free movement of capital and the rules
on competition." i
i1 ) The text of the relevant paragraph is contained in
document TD/RS/CONF/19/Add.1
- 5 -
12. Another alternative which would achieve the same
objective would read as follows:
In the case of States members of a regional economic
integration organisation, any requirements in this
Agreement concerning nationality or territory will be
deemed to refer to nationality or territory of any
State member of that organisation".
13. This modified version would not, however, include the
competition law aspect of the recommendation
concerning the promotion of joint ventures. This would
have to be covered through an amendment of the
provision on joint ventures. The following wording
(underlined) would cover the Community competition law
aspect :
"States Parties to the present Agreement should, in
conformity with their national policies, legislation,
including legal obligations arising from agreements
establishing a regional economic integration
organisation, and the conditions of registration
contained in this Agreement, promote joint ventures
II
IV. CONCLUSIONS
14. The Commission, therefore, as in its previous Communi
cation (COM(85)388) and taking into account develop
ments at the third part of the UN Conference on Con
ditions for Registration of Ships, proposes that the
Council decide that, in pursuing the negotiations at
the Conference, the Member States and the Commission:
- Remain in close contact and consult each other as
necessary in the most appropriate manner, so as to
proceed with a common position, particularly with
regard to the issue concerning the ownership of
ships, and in seeking to find solutions which meet
the needs of all Member States contribute to
maintaining solidarity within the OECD Group.
- 6 -
t
- Ensure that the common position, in solidarity with
the position of the OECD Group, aims at the adoption
of measures which strengthen the link between ship
and flag State without reducing the flexibility
offered by present arrangements to the detriment of
Community shipping and trading interests·
- Ensure that the Agreement contain a clause which
safeguards the rights and obligations of the Member
States under the Treaty of Rome.
- Ensure that the President of the Council submit and
defend at the Conference any proposals necessary to
that effect, along the lines proposed by the
Commission in this Communication.
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