Abstract : | The EC Treaty was signed on 27 March 1957 in Rome. However, for a long period of nearly 30 years, very few measures applying to the maritime sector were adopted.The reason is that the maritime market was supposed to operate under unique conditions. Both liner and tramp shipping have high fixed costs and are capital intensive. It was then typical to conclude into agreements in order to lower costs and experience economies of scale.In 1986, the Commission adopted the first package of legislative measures concerning the maritime industry. Those measures were aimed to implement the freedom to provide services to maritime transport between Member States and the protection of the industry from unfair practices. But its main scope was the exemption of liner conferences from EC competition law.The maritime transport was one of the very last sectors of economic activity to have been subject to a tolerant regime in terms of the application of rules designed to prevent and punish anti-competitive activity. However, Regulation 4056/86 did not include tramp shipping and cabotage.Other block exemption Regulations followed such as Regulation 823/2000 which provided exemption for a specific form of agreements, the consortia.In 2003 the commission made a great step in order to achieve convergence between the maritime competition policy and the competition policy of the other transport sectors. The adoption of Regulation 1/2003 meant that for the first time in the EU the same procedural rules apply to all causes, whether transport-related or not.Following a prolonged period of discussion and debate, the European Commission has set about removing many of the exemptions and exclusions enjoyed by the maritime transport industry thereby exposing it to the same free market economic disciplines prevalent in all other sectors. A new Council Regulation, Regulation 1419/2006, was introduced on 18 October 2006, which repeals the block exemption for liner shipping conferences with effect from October 2008 and lifts the exclusions for tramp shipping and cabotage with immediate effect.
|
---|