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Page 1821

Index

Index

abuse of dominant position

Algeria, maritime transport between Italy and

anti-fouling systems – see also organotin

associations, and lobby groups

Austria, shipping analysis

Belgium

Benelux Union –

block exemptions –

Bodson report

Bonn agreement –

Brazil, maritime transport agreements –, –

Brexit –

Brussels I Regulation see cross-border litigation, Brussels I Regulation

Bulgaria, shipping analysis –

bulk carriers, safe loading and unloading
- Directive 2001/96 –

Page 1822

cabotage –
- arguments for and against –
- benefits
- commercial overview
- and competition law –, –
- concepts of –
- development of EU law –
- and Euros-registered ships
- liberalisation
- in member states –
- monitoring national law
- Regulation 3577/92
- temporary provision of services

Cambodia, maritime transport cooperation agreement –

carbon dioxide emissions see under pollution

cargo
- movement of
- sharing –
- taxation of –

carriage of goods and passengers –
- Athens Protocol 2002
  - Decision 2012/22 –
  - Decision 2012/23 –
- containers, ratification of CSC
- definition
- Directive 2009/42 –
- fare reductions for Spanish nationals resident in the Canary Islands/Balearic Islands, Decision 87/359 –
- insurance of shipowners for maritime claims, Directive 2009/20 –
- publication of the list of passenger ships notified by Greece, Decision 1999/461 –
- safe loading and unloading of bulk carriers, Directive 2001/96 –
- vessels carrying dangerous/polluting goods

carriage of hazardous and noxious substances, HNS Convention –

Central Europe

China, maritime transport agreement –

climate change, law and

Comité Maritime International

Commission v Netherlands litigation –

Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), establishment

Common Maritime Policy –

Common Transport Policy (CTP) –,

Community Shipping, competitiveness resolution

competition, and EU shipping policy –

competition law –
- anti-competitive arrangements, examples
- applicability ,
- Article 101 –
  - agreements falling outside –
  - basic concepts in –
  - burden of proof
  - exemption –
  - exemption conditions –
  - individual exemptions
  - inter-State trade effects –
  - prevention, restriction or distortion of competition –, –
  - prior to 1 May 2004 –
  - since 1 May 2004
  - text of
  - voidness –
- Article 102 –
  - Page 1823
    
    concept of dominance –
  - conditions for application
  - defining abuse of dominant position –
  - determining a dominant position –
  - determining market power –
  - economic evidence
  - economic rationale
  - interpretation
  - text of
  - undertakings
- Article 106 –
- block exemptions –
- bulk liquids by sea on deep sea routes case
- in the context of cabotage –, –
- direct applicability of Articles 101–102
- enforcement of Articles 101–102 –
  - burden/standards of proof –
  - Commission’s role –
  - complaints
  - conduct of proceedings –
  - fines –
  - initiation of proceedings
  - interim measures
  - international dimension
  - Member States’ role –
  - national competition laws and
  - own-initiative investigations
  - by private parties –
  - remedies
  - sectoral investigations/study
  - termination of proceedings
- Ferry Operators–Currency Surcharges case –
- generally –
- Greek Ferries case –
- GT-Link case
- market definition –
- ports –
  - absence of sector-specific legislation
  - abuse of dominant position –
  - access to ports –
  - access to services –
  - anti-competitive arrangements
  - application –
  - application to undertakings –
  - compliance examples –
  - general application
  - information exchange ,
  - negotiations relating to ports –
  - pricing –
  - relevance of –
  - relevant rules ,
  - and State aid
- P&O/Stena Line case –
- Regulation 1419/2006 –
  - adoption of the new regime –
  - Baltic Max Feeder case –
  - bulk liquid shipping case
  - cabotage –
  - Commission’s guidelines on maritime services –
  - compliance with the new regime –
  - container liner shipping case –
  - effect of the new regime –
  - effect on trade between Member States –
  - IACS case –
  - information exchange –
  - liner shipping , –
  - maritime car carriers case
  - market definition –
  - outlook
  - self-assessment
  - shipping pools –
  - technical agreements –
  - tramp shipping –, –
  - transitional period –
- Regulation 4056/86 ,
  - abuse of a dominant position –
  - application –
  - assessment –<:
  - block exemption for agreement between transport users and conferences
  - block exemption for liner conferences –
  - case law
  - Commission amendment
  - Commission powers
  - Commission proposals ,
  - complaints procedure –
  - conflicts of national laws –
  - Council adoption –<:
  - debate on the old regime –
  - EESC opinion
  - entry into force
  - European Parliament’s report –
  - Page 1824
    
    fines and periodic penalty payments –, –
  - hearings of parties and others –
  - individual exemptions –
  - interpretation of –
  - investigations –
  - legal bases
  - legal effect
  - legislative history –<:
  - monitoring exempted agreements –
  - opposition procedure –
  - reform
  - rules of procedure –
  - technical agreements –
- Regulation 4260/88 –
  - communicating awards and recommendations to the Commission
  - complaints
  - exemption applications procedure
  - hearings
  - legal basis and background
  - notifications
- ship classification case –
- undertakings –

Comprehensive Economic and Trade Agreement (CETA)

Congress of Europe

consortia –
- Article 101(3) of the TFEU
- block exemptions ,
- commercial view –
- Commission communication of 1990 on –
- comparison with liner conferences –
- and information exchange –
- juridical nature –
- merger control

containers
- ratification of CSC

Council of Europe –, –
- Committee of Permanent Representatives –
- composition
- functions
- General Secretariat
- operation and voting
- and shipping

Court of Auditors

Court of Justice of the European Union (CJEU) –
- functions
- jurisdiction –
- operation ,
- personnel –
- procedure ,

Croatia
- recognition of Croatian register of shipping
- shipping analysis –
- State aid, Uljanik shipyard

cross-border litigation
- Brussels I Regulation ,

Customs Union

Cyprus, shipping analysis –

Czech Republic, shipping analysis –

definitions
- carriage of goods and passengers
- domestic voyage
- high-speed craft
- marine equipment –
- maritime transport services
- passenger ship
- passenger submersible craft
- ro-ro ferry ,
- serious disturbances in the market
- Page 1825
  
  ship flying the flag of a Member State
- Union industry

Denmark

Det Norske Veritas, recognition of

direct applicability doctrine –

Directorate-General Competition (DG COMP)

Directorate-General for Maritime Affairs and Fisheries (DG MARE)

Directorate-General for Mobility and Transport (DG-MOVE)

discrimination see non-discrimination principle

dominant position
- concept –
- determining –

dumping
- Regulation 4057/86 –

Eastern Europe

economic and monetary union (EMU)

Economic and Social Committee (EESC)

employment –
- Albert Anker case –
- Bakker case –
- employees and the performance of public duties –
- in EU shipping –, –,
- Fiamingo case –
- free movement of workers –
- hours of work on board ship –
- Iraklis Haralambidis v Calogero Casilli case –
- Jan Voogsgeerd v Navimer SA case –
- Maritime Labour Convention
- Raad van bestuur van de Sociale verzekeringsbank v Wieland and Rothwangl case –
- ratification of standards ,
- seafarers
- sources of EU law –

Enhanced Survey Programme Code, adoption of amendments to , –,

establishment –
- case law –
- concept of the right of
- freedom of
- implementation of Treaty provisions –
- mutual recognition of qualifications –
- prohibition of new restrictions

Establishment of European Maritime Law Organisation (EMLO)

Estonia, shipping analysis –

Euratom see European Atomic Energy Community (EAEC)

Page 1826

European Atomic Energy Community (EAEC) , –, ,

European Central Bank (ECB)

European Coal and Steel Community (ECSC) –,

European Commission –
- composition
- functions
- operation –

European Council ,
- composition

European Defence Community

European Economic Community (EEC)
- enlargement –

European Free Trade Association (EFTA)

European Investment Bank

European Maritime Safety Agency (EMSA)
- administrative board –
- ancillary tasks –
- assistance of the Commission –
- assistance of the Commission and the Member States ,
- budget
- chairmanship arrangements
- core tasks –
- establishment background –
- European cooperation on coast guard functions –
- Executive Director –
- functions –
- languages
- legal regime
- legal status and standing –
- liability
- location
- privileges
- protection of information –
- re-evaluation by the EU –
- relations with Member States –
- relations with non-Member States
- staff
- structure and governance –
- voting rules

European Monetary System

European Parliament –
- composition and operation
- direct elections
- elections
- functions
- members –
- seat
- and shipping

European Union (EU) –
- accessions ,
- contrast with IMO
- contrast with USA
- criticisms
- evolution –
- future of –
- history –
- institutional structure –
- internal market ,
- law –
- maritime policy –
- Member States’ attitudes and policies toward shipping –
- objectives and competences
- outlook
- place of in world shipping
- population
- resistance to legislation
- responses to protectionism
- role in international maritime affairs
- role of in shipping matters
- role of shipping
- shipping in –, –
  - arguments for and against the EU’s role –
  - commercial background/overview –
  - commercial philosophy ,
  - commercial significance –
  - competition dimension –
  - contribution to the EU –
  - cruise industry
  - employment –, –,
  - environmental dimension
  - EU controlled fleet –
  - existence of a comprehensive EU policy –
  - flagging
  - foreign currency earnings –
  - influences on EU shipping law –
  - internal balances –
  - international dimension
  - international organisations context
  - investment
  - Member States –
  - multidimensional nature ,
  - passengers , ,
  - policy development
  - policy influences –
  - ports ,
  - protectionism
  - role in the EU’s trading activities –
  - Page 1827
    
    safety dimension –
  - short sea shipping –
  - strategic significance –
  - tonnage
- taxation policy
- transport ,
- uneven distribution of marine resources
- use of technology
- world’s largest trading bloc ,

EUROS register –,

external relations –
- CETA –
- EU-Africa Strategy
- international merchant shipping, counter-measures –
- maritime transport
- Treaty on European Union –
- Treaty on the Functioning of the European Union (TFEU) –

Factortame litigation

Finland, shipping analysis –

Finnsailor, fire extinguishing system compliance decision –

Fire Safety Systems Code, adoption of amendments to

fishing vessels

flag State responsibilities compliance/enforcement of Maritime Labour Convention –
- maritime environment, Directive 2009/21 –
- obligations on Member States

flagging, the concept

flags of convenience, EESC opinion

France

freedom to supply services principle –
- Regulation 4055/86 , –

Page 1828

Geneva Convention on the High Seas 1958 –

Germany

Global Navigation System, resolution

Greece

hazardous materials

hazardous ships, monitoring and intervention in accidents/incidents, Directive 2002/59 –

historical development of EU shipping law –
- 1950s foundation treaties –
- 1960s –
- 1970s –
- 1980s –
- 1990s –
- 2000s –
- 2010s –
- Common Maritime Policy –

Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships –

Hungary, shipping analysis

information exchange

inspection and survey organisations –

inspection of ships

insurance
- and Brussels I Regulation –
- of shipowners for maritime claims, Directive 2009/20 –

integration, European

intermodal freight transport, resolution –

internal market ,
- establishment
- White Paper ,

International Convention for the Safety of Fishing Vessels

International Convention of Safe Containers

International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), adoption of amendments to

International Convention on the Control of Harmful Anti-Fouling Systems on Ships (AFS-Convention) see also organotin

International Labour Organization

International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code)
- Regulation 336/2006 –
- amendments

International Maritime Organisation (IMO) , , , , , , , , , ,

Page 1830

international merchant shipping, counter-measures, Decision 83/573 –

investigation of accidents

investment, in EU shipping

Ireland
- cabotage and
- shipping analysis –

Italy

Kinnock Report

Latvia, shipping analysis –

law

Life Saving Appliances Code, adoption of amendments to

liner conferences –

Lithuania, shipping analysis –

low sulphur fuels –

Luxembourg
- cabotage and
- shipping analysis –

Maastricht Treaty –

Malta, shipping analysis –

marine equipment –

marine resources, uneven distribution of in the EU

maritime environment –

Maritime Industries Forum (MIF)

Maritime Labour Convention –

maritime policy –

maritime services, Commission’s guidelines –

Page 1832

maritime transport
- between Italy and Algeria, Decision 87/475
- Brazil agreements –, –
- China agreement, Decision 2009/825 –
- commercial significance ,
- cooperation agreement with Cambodia –
- services, defined
- State aid ,

market access
- Regulation 4058/86 –

MARPOL Annex VI, adoption of amendments to

Marshall Aid

medical treatment on board vessels , –
- Directive 92/29

merger control –

Merger Treaty

mobile communication services on board vessels
- authorisation of systems –
- Recommendation 2010/167 –

mobility equipment, compensation for loss or damage

navigation –

maritime transport between Italy and Algeria, Decision 87/475 –

Netherlands, shipping analysis –

non-discrimination principle, discrimination on the basis of nationality –, ,
- implications of Brexit for

North Atlantic Treaty Organisation (NATO)

oil, pollution

oil crisis

oil tankers, disaster response

Organisation for Economic Co-operation and Development (OECD) ,
- and Regulation 954/79
- and shipbuilding –

Organisation for European Economic Cooperation (OEEC) –

organotin –
- Regulation 536/2008 –
- Regulation 782/2003 –
  - adaptations
  - annexes
  - Committee
  - definitions and concepts
  - evaluation
  - legal basis
  - legislative history –
  - Page 1834
    
    port State control
  - prohibition of application on ships
  - prohibition on bearing
  - purpose
  - scope
  - survey and certification

Paris Memorandum of Understanding –, –

passenger ferries and roll-on/roll-off (“ro-ro”) vessels –

passengers
- levies on
  - Commission v France –
  - Commission v Italy –
- liability of carriers in case of accident –
  - Regulation 392/209

passenger rights –

pilotage –

piracy and armed robbery against ships –

Poland, shipping analysis –

Polish Register of Shipping

pollution

pollution control

port services
- Regulation 2017/352 –

Page 1837

port State control (PSC) , –

ports –

Portugal

pricing

prolongation

protectionism
- EU policy
- EU response

public duties, performance by employees –

qualifications, mutual recognition –

radionavigation systems

ratification/accession to UN Code of Conduct for Liner Conferences

recycling of ships

registration

Registro Internacional Naval, SA, extension of limited recognition –

Regulation 954/79, Commission proposal

roll-on/roll-off (“ro-ro”) vessels
- phasing out see also passenger ferries and roll-on/roll-off (“ro-ro”) vessels

Romania, shipping analysis –

safety –
- Council Decision 2016/2077 –
- Council Recommendation 78/584, ratification of conventions on safety in shipping –
- Decision 2014/280 –
- Decision 2014/826 –
- on EUROS-registered ships
- ferries and roll-on/roll-off (“ro-ro”) vessels –
- investigation of maritime casualties ,
- marine equipment –
- Maritime Labour Convention –
- port State control –
- ratification of International Convention on Maritime Search and Rescue
- Regulation 801/2010, flag State criteria –
- Regulation 802/2010, company performance –
- Regulation 2099/2002 –
- safe seas common policy resolution ,
- working time of seafarers –

Page 1839

Safety of Life At Sea (SOLAS), adoption of amendments to ,

Schumann Declaration –

seafarers
- employment rights
  - Directive 2015/1794
- hours of work on board ship
  - Directive 1999/95 –
- minimum levels of training, Directive 2008/106 –
- recognition of certificates
  - Directive 2005/45 –
- State aid and –
- working time
  - Directive 1999/63 –

security –
- enhancing port security
  - Directive 2005/65 –
- enhancing ship and port facility security
  - Regulation 725/2004 –
- Page 1840
  
  inspection procedures
  - Regulation 324/2008 –

ship repair, EU law relating to –

shipbuilding –
- aims of the EU –
- challenges for the sector –
- CJEU and Commission case law on State aid –
- commercial overview –
- Council resolution on reorganisation of the industry –
- economic value
- evolution of EU shipbuilding measures
- legislative competence of the EU
- OECD Agreement –
- OECD’s role –
- ship repair –
- State aid
  - Germany –, –,
  - Spain –
- strategic significance

shipowner, community, definition ,

shipping
- global context
- inefficiency
- Member States’ attitudes and policies –
- role of in the EU

shipping crisis ,

shipping pools –

reporting formalities for ships in EU ports see also vessels

short sea shipping –
- commercial significance –
- Commission communication
- Commission’s interest in
- communications
- the concept
- Council resolution ,
- current thinking of the EU
- resolution on intermodality and intermodal freight transport –
- resolution on promotion of , –

Single European Act (SEA)

Sloman Neptun litigation

Slovakia, shipping analysis

Slovenia, shipping analysis –

Spain
- cabotage and
- shipping analysis –
- State aid
  - Commission Decision 98/157 –
  - shipyards –

State aid
- Commission communications –
- the concept ,
- decisions and judgments
- Italian oil and chemical tankers breakup scheme
- maritime sector ,
- maritime transport, Commission guidelines –
- motorways of the seas –
- ports –, –
- seafarers –
- ship management companies –
- shipping and ports –
- Page 1841
  
  shipping sector
- tonnage tax –
- Treaty provisions –

Sweden
- cabotage and
- shipping analysis –

SWOT analysis
- opportunities –
- strengths –
- threats –
- weaknesses –

taxation

technology, EU’s use of

training
- minimum training levels of seafarers –,
- staff training for port services

training of seafarers
- Directive 94/58
- Directive 2008/106

tramp shipping

transport –

Page 1842

transport law –

treaties

undertakings

United Kingdom (UK)

United Nations

vessels

Viking litigation –

wages

working time of seafarers

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