Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 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)

Abstract

Drawing on the experience gained during ten years' practical application of Regulation (EEC)No 3577/92, the Commission has decided in the interests of transparency to publish itsinterpretation of the provisions of that Regulation.This Communication is being presented for information purposes only, to help explain theRegulation to all parties who wish to make use of it. It indicates how the Commission intendsto apply the Regulation. It does not set out either to revise the Regulation or to encroach onthe Court of Justice's jurisdiction in matters of interpretation.The Communication's layout mirrors that of the Regulation.It starts by specifying the scope of the freedom to provide services in the maritime cabotagesector. 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, asprovided for in the Regulation. There are three such derogations. Firstly, Member States havethe power to impose manning rules on board vessels performing island cabotage servicesbetween two ports on their territory. Secondly, Member States may impose public serviceobligations on shipowners in order to ensure an adequate scheduled transport service to, fromand between islands. Lastly, Member States may ask the Commission to adopt safeguardmeasures to remedy a serious disturbance of the internal market.