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I. EC Maritime Transport Law and Policy

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Abstract

The EC maritime transport policy was slow to develop. Although the EC Treaty requires the Member States to create a Common Transport Policy,1the focus of the Treaty transport provisions2is on inland modes of transport (road, rail and inland waterways).3However, the EU Council is expressly given competence to decide what ‘appropriate provisions’ may be adopted for maritime and air transport.4Maritime transport is by its very nature an international mode of transport regulated by a large number of international treaties and conventions, most of them negotiated and concluded within the International Maritime Organization (IMO). Members of the international community, including some EU Member States themselves, were initially reluctant to transfer their sovereignty in this field of transport to the Community. However, two main events gradually changed the attitude of the Member States to the Community's competence to regulate this mode of transport. First, the mid-1980s impetus to establish an internal market by 1992 placed all modes of transport at the centre of the project. It was not feasible to establish a geographical market, stretching from the Atlantic to the Eastern European countries and from the North Sea to the Mediterranean, where goods, people, services and capital would be able to circulate freely,5and in a competitive manner, without the Community seriously addressing transport issues. Thus, unsurprisingly, a number of important legislative proposals affecting the provisions of maritime transport services were adopted and implemented during that period.6The second significant factor in the development of a maritime transport policy was the number of serious marine accidents which took place in the Community's coastal waters during the last 20 years.7

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