Brussels, 19 December 2005
The Commission has decided to send a reasoned opinion to Greece, the last step before possible referral to the Court of Justice, for disregarding the Commission’s exclusive external competence with regard to implementation of the Community's common transport policy.
Article 71 of the Treaty establishing the European Community confers internal and external competence on the Community in respect of deciding and implementing common transport policy. Moreover, Article 10 of the Treaty requires Member States to cooperate with the institutions of the Community and to refrain from taking any measure which could jeopardise the attainment of the objectives of the Treaty.
The Commission takes the view that Greece has failed to fulfil its obligations by presenting a submission to the International Maritime Organisation regarding the implementation of two international legal instruments on enhancing ship and port facility security which have been incorporated into Community law.
 Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (Official Journal L 129, 29.04.2004).