IP/08/518
Brussels, 03 April 2008
Freedom to supply services in maritime
transport: the Commission addresses a reasoned opinion to
Finland
The European Commission sent a reasoned opinion,
the final step before a possible referral to the Court of Justice, to Finland
today on account of national provisions requiring foreign shipowners to have a
representative in Finland approved by the customs authorities. This
representative is jointly and severally liable with the shipowner for paying
fairways duties. These duties are charged for the service of guiding vessels
through the fairways, especially through port access and departure
channels.
The requirement that foreign shipowners designate a representative in Finland
can result in additional costs for such operators and therefore make providing
services more difficult for them than for a national operator. The Commission
considers this practice to be contrary to the
principle[1] of freedom to
provide maritime transport services between Member States and between Member
States and third countries.
[1] This principle is laid
down in Article 1 of Council Regulation (EEC) No 4055/86 of 22 December
1986.