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Abstract:
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"This paper is analyzing the community (European Union) law influence on Member States shipping legislative and enforcement competence, having its strong position due to the power of harmonizing Member State legal systems, preventing 'ports of convenience'. It is documented that Community law as it now stands, is affecting all third state ships - flag of convenience ship as well - including ships from the Asian far east, sailing along the NSR - when docking in an EU and EEA (European Economic Area) state harbour. This includes technical vessels provisions, rules for manning of ship and handling goods, waste, equipment, etc. related to foreign ships. In the case of enforcement competence, the Community law does not make any explicit requirements, which means that Community Member Port States have control and surveillance competence within the framework of the Law of the Sea, solely. Further development is however in its way."
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