An EU register of shipping : a step forward or backwards?

Abstract

This thesis will aim at establishing whether a common ship register for Europe will enhance the maritime registration in Europe and therefore this thesis will delve into the issue of whether a common EU ship register will increase the number of vessels registered in the EU Member States. The question to be answered is whether an EU ship register is a step forward or backwards. The First Chapter contains an introduction to ship registration in general. In this Chapter I will deal with the legal aspect of ship registration both from an EU and an international aspect, I will discuss at length the types of ship registers which are found around the world and which are the most commonly used, and also what is the whole purpose of ship registration and why do ship owners have to register their ships. In the Second Chapter I will deal with how the EUROS proposal was developed, the reaction of the Member States, how the EUROS proposal was withdrawn and how it has been revived again. Basically this Chapter will walk through the years and establish how the EUROS proposal progressed or degenerated. The Third Chapter deals with State aid matters in relation to the shipping industry. This chapter starts off by defining the concept of state aid and the legal concept behind it. It continues to provide for a historical background of the concept and also delves into the revised version of the EU guidelines. The chapter will also establish which the most common type of state aid is. The Fourth Chapter takes into account all EU work which originally was attached to the EUROS proposal but once the EU proposal did not come into effect these separate matters came into force. These include Regulation (EC) number 789/2004 on the transfer of cargo and passenger ships between registers within the Community, Regulation (EEC) Number 3577/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage), Directive 2009/15/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, Directive 2009/16/EC on port state control and Council Directive 95/21/EC concerning the enforcement in respect of shipping using Community ports and sailing in the waters 4 under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and ship board living and working conditions. The Fifth and final Chapter provides the reasons why an EU ship register will decrease the maritime business in the EU and also provides recommendations to the EU on what can be done in order to enhance ship registration in the EU and this not through an EU ship register.