Keywords
Summary

Keywords

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Transport ° Introduction of a common policy ° Standstill rule in Article 76 of the Treaty ° Scope ° Inland waterway transport ° Use of a Member State' s inland waterways made conditional upon possession of a master' s certificate for inland navigation issued by its authorities ° Permissibility ° Condition ° National provisions and practices not to be amended or changed in a manner unfavourable to carriers of other Member States after the entry into force of the Treaty ° Assessment by the national court

(EEC Treaty, Art. 76)

Summary

Article 76 of the Treaty, which is intended by means of a standstill clause to prevent the introduction by the Council of a common transport policy from being rendered more difficult, or from being obstructed, by the adoption, without the Council' s agreement, of national measures the direct or indirect effect of which is to alter unfavourably the situation in a Member State of carriers from other Member States in relation to national carriers, does not preclude a Member State from making navigation on its national inland waterways conditional upon the possession of a master' s certificate for inland navigation issued in accordance with national law.

It does however preclude the national legislative provisions or administrative practices governing masters' certificates for inland navigation when the Treaty entered into force from being amended or changed in a manner unfavourable to carriers of other Member States. It is for the national court to decide whether any such change has taken place.