Council Regulation (EEC) No 4057/86 of 22 December 1986 on unfair pricing practices in maritime transport
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Change 1
Article 3
For the purposes of this Regulation: (a) ‘third country shipowner’ means cargo liner shipping companies other than those mentioned under (d); (b) ‘unfair pricing practices’ means the continuous charging on a particular shipping route to, from or within the Community of freight rates for selected or all commodities which are lower than the normal freight rates charged during a period of at least six months, when such lower freight rates are made possible by the fact that the shipowner concerned enjoys non-commercial advantages which are granted by a State which is not a member of the Community; (c) the ‘normal freight rate’ shall be determined taking into account: (i) the comparable rate actually charged in the ordinary course of shipping business for the like service on the same or comparable route by established and representative companies not enjoying the advantages in (b); (ii) or otherwise the constructed rate which is determined by taking the costs of comparable companies not enjoying the advantages in (b) plus a reasonable margin of profit. This cost shall be computed on the basis of all costs incurred in the ordinary course of shipping business, both fixed and variable, plus a reasonable amount for overhead expenses. (d) ‘Community shipowners’ means: — all cargo shipping companies established under the Treaty in a Member State of the Community; — nationals of Member States established outside the Community or cargo shipping companies established outside the Community and controlled by nationals of Member States, if their ships are registered in a Member State in accordance with its legislation.
Article 3
For the purposes of this Regulation: (a) ‘third country shipowner’ means cargo liner shipping companies other than those mentioned under (d); (b) ‘unfair pricing practices’ means the continuous charging on a particular shipping route to, from or within the Community of freight rates for selected or all commodities which are lower than the normal freight rates charged during a period of at least six months, when such lower freight rates are made possible by the fact that the shipowner concerned enjoys non-commercial advantages which are granted by a State which is not a member of the Community; (c) the ‘normal freight rate’ shall be determined taking into account: (i) the comparable rate actually charged in the ordinary course of shipping business for the like service on the same or comparable route by established and representative companies not enjoying the advantages in (b); (ii) or otherwise the constructed rate which is determined by taking the costs of comparable companies not enjoying the advantages in (b) plus a reasonable margin of profit. This cost shall be computed on the basis of all costs incurred in the ordinary course of shipping business, both fixed and variable, plus a reasonable amount for overhead expenses. (d) ‘Community shipowners’ means: — all cargo shipping companies established under the Treaty in a Member State of the Community; — nationals of Member States established outside the Community or cargo shipping companies established outside the Community and controlled by nationals of Member States, if their ships are registered in a Member State in accordance with its legislation.
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