Keywords
Summary

Keywords

Transport - Maritime transport - Cargo-sharing agreement between a Member State and a non-member country - Obligation to adjust an existing agreement before the entry into force of Regulation No 4055/86 - Deadlines for adjustment - Failure to comply - Justification put forward - Existence of a difficult political situation in the non-member country - Not acceptable

(Council Regulation No 4055/86, Art. 4(1))

Summary

$$Article 4(1) of Regulation No 4055/86 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries draws a distinction, as regards determination of the date from which existing cargo-sharing agreements - which Member States have entered into with non-member countries - should have been adjusted, between trades governed by the United Nations Code of Conduct for Liner Conferences and trades not so governed. Only with respect to the latter does Regulation No 4055/86 allow Member States a period expiring on 1 January 1993 for the adjustment prescribed. For trades governed by the Code of Conduct, no period is allowed for adjustment of an agreement; this must follow immediately upon ratification of the Code by the Member State concerned.

The existence of a difficult political situation in a non-member country which is a contracting party cannot justify a delay in the adjustment of an agreement. If a Member State encounters difficulties which make it impossible to adjust an agreement, it must denounce the agreement.