Communication From The Commission on the interpretation of Council Regulation (EEC) No 3577/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage)

Drawing on the experience gained during twenty years' practical application of Regulation (EEC) No 3577/92, the Commission has decided in the interests of transparency and legal certainty to update and amend its interpretation of the provisions of the Regulation. This Communication amends and replaces the previous Commission's interpretative communications of 2003 and 2006.

This Communication is being presented for information purposes only, to help explain the Regulation. It indicates how the Commission intends to apply the Regulation. It does not set out either to revise the Regulation or to encroach on the Court of Justice's jurisdiction in matters of interpretation.

This Communication starts by specifying the scope of the freedom to provide services in the maritime cabotage sector. It indicates who enjoys that freedom and recalls which services the Regulation covers.

It goes on to specify the extent of the derogations to the freedom to provide services, as provided for in the Regulation. There are three such derogations. Firstly, Member States have the power to impose manning rules on board ships smaller than 650 gt and vessels performing island cabotage services between two ports on their territory. Secondly, Member States may impose public service obligations and conclude public service contracts in order to ensure an adequate scheduled transport service to, from and between islands. Lastly, Member States may ask the Commission to adopt safeguard measures to remedy a serious disturbance of the internal market.

The Communication also provides an overview of transitional measures for the application of this Regulation in respect to Croatia since its accession to the Union.

Finally, the Communication provides guidance on application of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 to maritime cabotage services.

• Primary Source

EUR-Lex: COM(2014)232: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2014:232:FIN

ESO: Background information: Report From The Commission To The Council Fifth report on the implementation of Council Regulation (EEC) No 3577/92 applying the principle of freedom to provide services to maritime cabotage (2001-2010) http://www.europeansources.info/record/report-from-the-commission-to-the-council-fifth-report-on-the-implementation-of-council-regulation-eec-no-3577-92-applying-the-principle-of-freedom-to-provide-services-to-maritime-cabotage-2001-20/

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