COUNCIL RESOLUTION of 24 March 1997 on a new strategy to increase the competitiveness of Community shipping (97/C 109/01)

THE COUNCIL OF THE EUROPEAN UNION,

1. WELCOMES the general structure and the policy direction of the Commission communication 'Towards a new maritime strategy` aiming at promoting a Community fleet and employment of Community seafarers and focusing, in particular, on a parallel and balanced development in the key areas identified by the Commission of:

- international competitiveness of the Community fleet,

- open markets,

- fair competition,

- safety;

2. NOTES that the key areas mentioned above are interrelated, since policy measures in one area can affect one or more of the other areas;

3. SEEKS to capture the economic benefits of the growing market for shipping services and to promote both the employment of Community seafarers and the employment of shore-based personnel and maritime know-how;

4. RECOGNIZES that the shipping market is a global market where Community shipowners have to compete internationally and that the Community's policies and rules will have to take account of this fact;

5. RECOGNIZES that shipping should be developed, since it is an environment-friendly alternative or complement to other modes of transport and since short-sea shipping, including regular ferry services, plays a vital role in intra-Community trade and in providing feeder services for trans-ocean traffic;

6. IS OF THE OPINION that the shipping industry itself has a key role to play in the face of increasing international competition in adapting to change within the legal framework of shipping while having regard to the objectives set out in this resolution;

7. RECOGNIZES that positive measures are needed to pursue Community objectives in the key areas outlined above and, in particular, to foster the competitiveness of the Community fleet and the employment of Community seafarers as well as to secure open markets;

8. CONCURS with the Commission that safety at sea is an important factor and that unacceptable competitive advantages can be obtained in shipping by the neglect of safety and environmental considerations; therefore, measures should be taken, where justified, to:

- strengthen everyone's commitment to quality and safety at all levels of the shipping sector,

- ensure that non-compliance with binding international and Community safety and quality standards does not lead to competitive and economic disadvantages for 'compliance culture` operators (1);

AGREES that action should be undertaken in the following areas and pursuant to the following principles:

A. 1. Helping Community shipping to continue striving for high quality and to improve its competitiveness by:

(a) ensuring the continued high-quality training of Community seafarers of all ranks and of shore-based personnel, by making optimum use of the resources of the Member States and the Community instruments;

(b) ensuring that maritime transport plays an enhanced role in Community Research and Development programmes (such as Euret, MAST, Maris) and that these programmes are properly coordinated among themselves and with national programmes, paying special attention to the need to use financial resources most effectively;

(c) developing short-sea shipping as an environment-friendly alternative or complement to other modes of transport (2);

(d) ensuring clarity in the application of the Community's competition rules, taking into account the special nature of shipping;

(e) upholding the competitive position of Community shipowners vis-à-vis their international competitors;

(f) ensuring that regulatory measures and administrative procedures concerning shipowners and shipping are always proportionate.

2. The principle that Member States should consider the prospect of ratifying the ILO Conventions adopted at the 84th (maritime) conference of the ILO, held in Geneva in October 1996.

3. Urgent adoption by the Commission of revised guidelines for State aids in accordance with Article 92 of the Treaty establishing the European Community, and noting the specific Commission statement on the matter.

B. 1. Submission by the Commission, as soon as possible, of its communication on external relations, on the basis of which a specific policy debate will be held.

2. Continuation of the multilateral and bilateral measures leading to a liberalization of international trade, with regard to both shipping and shipping-related services, so as to afford the Community industry the same opportunities as those enjoyed by the enterprises of third countries within the Community.

C. 1. Support by the Member States and the Community for the development by IMO of internationally binding quality criteria for flag administrations and ship registers.

2. If appropriate:

- adopting a Community instrument ensuring the proper uniform implementation of those criteria, laying down principles for the safe operation of Member States' ship registers,

- addressing in due course the questions of defining transparent liability, ownership, control and management requirements as well as of the genuine and economic link, while respecting the rules of the aforementioned Treaty.

3. Strengthening compliance with international standards by ships of the Community and third countries through effective application of Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (3), so as to maximize its deterrent effect; in particular, the harmonized application of detentions and effective transparency are key elements of this action.

4. Consider, in consultation with the industry, whether to extend the commitment to safe operation in shipping to cargo owners under certain circumstances.

5. Support initiatives of the industry aimed at improving the quality standard of shipping.

(1) See also Council Resolution of 8 June 1993 on a common policy on safe seas, OJ No C 271, 7. 10. 1993, p. 1.

(2) See also Council Resolution of 11 March 1996 on short-sea shipping, OJ No C 99, 2. 4. 1996, p. 1.

(3) OJ No L 157, 7. 7. 1995, p. 1.