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Published online by Cambridge University Press: 27 October 2017
Although, in the history of the European Community, the period 1958 to 1985 will not be remembered for remarkable achievement as far as the freedom to provide transport services is concerned, the nineties have redressed the balance, even though a complete Common Transport Policy (CTP) has not yet been achieved. This paper seeks to summarise the current status of the CTP and to focus on two longstanding problems. These problems are the proposals to finance, and then maintain, transport infrastructures and the debate on the Community’s external competence in the field of transport, particularly sea and air transport. However, an appreciation of what has been achieved in the nineties cannot be done without recalling briefly some of the historical background.
1 Article 71 does not define these “distinctive features.” However, it is clear that the transport industry is different in economic terms from other industrial activities. For example, transport is an indispensable ancillary activity to other industrial sectors and so levels of rates are crucial to the State’s economy.
2 Several international conventions have been signed, eg. The International Convention for the Safety of Life at Sea (SOLAS) 1974.
3 Convention on International Civil Aviation, UNTS, vol. 15 296.
4 Case 13/83 [1985] ECR 1513.
5 COM(85)310 final—the White Paper on Completing the Single European Market.
6 COM(92)494 final.
7 COM(95)302, the CTP Action Programme 1995–2000.
8 Unless otherwise stated “Regulations” and “Directives” mentioned in the text were adopted by the Council.
9 OJ 1989 L 390/1.
10 OJ 1988 L 163/1.
11 OJ 1992 L 95/1.
12 Council Directive 96/26, OJ 1996 L 124/1 substantially strengthened by Council Directive 98/76, OJ 1998 L 277/17, on admission to the occupation of road haulage or road passenger transport operator.
13 OJ 1992 L 74/1.
14 OJ 1989 L 390/18, as amended.
15 OJ 1991 L 78/6.
16 OJ 1993 L 279/1.
17 The right of a non-resident operator to provide transport services within a Member State.
18 OJ 1998 L 4/10.
19 OJ 1985 L 370/1.
20 OJ 1985 L 370/8.
21 OJ 1991 L 237/25.
22 These special services operate under a system of public service contracts and are governed by specific regulations.
23 COM(95) 337 and COM(96) 421 final on Revitalising Railways.
24 OJ 1995 L 143/70 and L 143/75.
25 COM(96) 421 final.
26 OJ 1996 L 235/6.
27 OJ 1996 L 235/25.
28 OJ 1989 L 390/18.
29 OJ 1991 L 373/1.
30 OJ 1991 L 373/29.
31 OJ 1996 L 304/12.
32 OJ 1996 L 304/3.
33 OJ 1996 L 304/1.
34 OJ 1996 L 175/7.
35 OJ 1986 L 378/1.
36 OJ 1986 L 378/4.
37 Agreements between shipping companies offering international liner services for the carriage of cargo on a particular route. The agreement provides for uniform and common freight charges and other agreed conditions with respect to the provision of liner services.
38 OJ 1991 L 68/1.
39 OJ 1992 L 364/7.
40 Tramping operations are non-regulated freight services where the terms are freely negotiated between the parties.
41 OJ 1995 L 157/1.
42 OJ 1998 L 188/35.
43 OJ 1998 L 19/35.
44 OJ 1994 L 319/20.
45 OJ 1994 L 319/28.
46 OJ 1993 L 247/19, subsequently amended.
47 OJ 1991 L 36/1.
48 OJ 1992 L 240/8.
49 OJ 1992 L 240/1.
50 OJ 1991 L 373/21.
51 OJ 1992 L 240/15.
52 The borderline between non-binding tariff consultation and price fixing is a sensitive issue which requires well-balanced action from the competition authorities.
53 A public service obligation is defined in Article 2. It is an obligation imposed on a carrier to operate a particular service in accordance with fixed standards of continuity, regularity, capacity and pricing, which the carrier would not otherwise assume if it was based solely on a commercial basis.
54 OJ 1996 L 272/36.
55 OJ 1992 L 240/8.
56 OJ 1993 L 14/1.
57 COM(96) 57 final.
58 OJ 1994 L 319/14.
59 OJ 1997 L 285/1.
60 OJ 1987 L 374/1 and L 374/9.
61 Council Regulation 4064/89, OJ 1989 L 295/1, subsequently amended.
62 COM(94) 106.
63 OJ 1996 L 228/1.
64 The Decision requires a report to be submitted to the European Parliament every five years on whether further review is necessary to take account of economic and technical developments.
65 COM(95) 302.
66 COM(97) 453 final.
67 OJ 1998 L 277/1.
68 Com(95) 571.
69 COM(97) 242 final entitled “Trans European Rail Freight Freeways”.
70 OJ 1996 L 235/7.
71 COM(97) 242 final.
72 COM(97) 243.
73 COM(97) 678.
74 OJ 1970 L 130/4, regularly amended.
75 OJ 1970 L 278/1.
76 Case C-195/90, Commission v. Germany [1992] ECR I-3141.
77 OJ 1993 L 279/32.
78 Case C-21/94 European Parliament v. Council [1995] ECR I-1827.
79 The Agreement was based on Article 3 of Directive 93/89.
80 COM(95) 691.
81 These proposals contrast with proposals for ports and airports which appear to prefer a greater degree of cost recovery.
82 OJ 1997 C 59/9.
83 OJ 1995 L 143/75.
84 Above n. 73.
85 COM (97) 154.
86 Case 22/70 [1971] ECR 263.
87 Council Regulation 543/69 OJ 1969 L 77/49.
88 Bull. E.U. 1998 (1–2) 1.3.192–193.
89 For an explanation of the legal obstacles to this claim see Goh, J. European Air Transport Law and Competition (Wiley, Chichester, 1997), ch. 15 Google Scholar.
90 COM(90) 17 final entitled Community Relations with Third Countries in Aviation Matters.
91 COM(92) 434 final entitled Air Transport Relations with Third Countries.
92 Council Decision 92/384 OJ 1992 L 200/20, as amended by Council Decision 93/453 OJ 1993 L 212/17.