Cabotage

As Cabotage refers to the provision of transport services within a country by a foreign transport company (or the right to do so). The term originally comes from shipping, from the French caboter ( along the coast, "from cape to cape " drive ). It is used for a long time for

• Air ( freedoms of the air Nos. 8 and 9 ),
• Land transport,
• Maritime transport ( see Short sea shipping )

Namely for passenger transport or freight transport.

Originally cabotage simply means " transport services within a country." Today is meant by cabotage special " transport services within a country, which are provided by foreign carrier ".

Within the European Union, a distinction is

• Large cabotage = transport between two EU countries by the carrier of a third State,
• Small cabotage = transport within an EU country by a foreign carrier.

• 3.1 Germany
• 3.2 Greece

Cabotage

Under cabotage is to understand that transportation of a State have the right to offer transport services for consideration in another state and perform. Example: Internal Polish flag vessels have to carry the right goods within Germany since Poland joined the EU on 1 May 2004. At the time of this Kabotageverbotes led by outgoing transport always inefficient and polluting empty runs.

Restricting the freedom of cabotage to a complete ban on cabotage is a protectionist measure. For example, given the Chicago Convention of 1944 its signatories the right to prohibit cabotage in air traffic.

Cabotage in the European Union

Landkabotage

Within the European Union cabotage is partially restricted. This is, for example, on the grounds that one wants to protect domestic companies against cheap competition. With liberalization, ie the reduction of Kabotageverboten, was started many years ago.

In freight transport by rail cabotage since January 1, 2007 No restrictions ( so it prevails cabotage ), also in passenger traffic since 1 January 2010.

In road haulage cabotage has been released since 1 July 1998, but this share was initially only for the 15 old EU member states (EU 15 ) and for the EEA countries Norway, Iceland and Liechtenstein.

For the later acceded to the EU countries, there were transitional periods, except Slovenia, Malta and Cyprus, for which no transitional periods were agreed.

Since 1 May 2009, the transition periods for transport companies from Poland, Hungary, Estonia, Latvia, Lithuania, Slovakia and the Czech Republic since 1 January 2012 have passed the transition periods for transport companies from Bulgaria and Romania, and thus the general cabotage within the EU repealed.

Since October 2009, cabotage is on three cabotage trips in seven days

• Within the Member State in which the original shipment was unloaded, or
• Depending on a ride in a transit country (ie a neighboring Member State to Member State, was originally discharged into the ) limited ( see Article 8, paragraph 2 of Regulation ( EC) 1072/2009 ).

The law violations and penalties of transport companies are recorded in the electronic registers and Union countries exchange the data in case of need among themselves.

In Germany such a limitation on three trips within seven days since May 14, 2008 national rule. A breach of the Regulation on cross -border traffic and cabotage ( GüKGrKabotageV ) is as a misdemeanor by a fine not reinforced (§ 25 in conjunction with § 19 of the Regulation). Since the entry into force of the above-mentioned EU regulation is superimposed on the German regulation mainly by the EU regulation.

Currently, the individual EU member states do not have the ability to restrict cabotage means of national provisions when " severe stress " caused by cabotage. The EU Commission intends to investigate the impact of the new cabotage regime on the road freight transport market by the end of 2013. The Commission could propose a complete abolition of restrictions, as originally requested by the European Parliament, when no social dumping is found. In addition, the Commission intends to review how effectively the Member States shall verify that the new scheme.

On 14 May 2010 the cabotage regulations (Art. 8 and 9) joined the EC Regulation No 1072/ 2009. In accordance with Article 19 of this Regulation establishes uniform rules of cabotage in road freight transport in the EEA countries is realized. The national "Going it alone " described above have become impossible. Article 8 of Regulation lays down the conditions under which cabotage can be operated: Either the transport operator to perform following a cross-border transport in the host Member State once the goods up to three cabotage operations with the same motor vehicle within seven days from the last unloading in the host Member State, or it can perform following a grenzübereitende transport after delivery of the goods within seven days after the last discharge some or all of cabotage in any Member State on the condition that they of a cabotage operation per Member State within three days after the entry unladen vehicle are limited to the territory of that Member State.

The EU Commission is pushing for the fastest possible lifting of all restrictions on cabotage in order to avoid empty runs broadly and thereby reduce unnecessary traffic, fuel consumption and costs. An optimal from an economic and environmental point of view the use of a transport vehicle is only possible if no prohibitions restrict cabotage. To make this possible in the context of fair competition, harmonization of other regulations is required, such as social rules for the staff deployed, the vehicle tax etc..

Maritime cabotage

The EU Regulation 3577/92 has lifted for the territory of the EU restrictions on the freedom to provide services to maritime transport. The regulation was implemented continuously in the following years. Since 1 January 1999, the entire cabotage within the EU is de facto liberalized. Thus, it is open to all Community shipowners to provide cabotage services in the different Member States.

Luftkabotage

Based on 8 and 9 of the freedoms of the air full cabotage is 1 April 1997 within the EU for EU airlines possible.

Examples

Germany

See homepage of BMVBS (Federal Ministry of Transport, Building and Urban Development) and Regulation on cross -border road haulage and cabotage ( GüKGrKabotageV ).

Greece

Previously, cruise ships may only accept or dismiss in Greek ports passengers on board when they

• Sailing under the Greek flag or
• Are in majority Greek -owned or
• Take at least partly Greek crew.

Other ships, especially without a flag of an EU country, may only make transit stops. Cabotage was enforced by Greek seamen and port workers and to secure their international comparatively high wages. The Greek tourism escapes by a lot of money: days tourists spend much less than for a longer stay in the country. The economist Yannis Stournaras estimates the loss of up to 1.5 percent of the Greek economic output (about three billion euros a year).

Prime Minister Giorgos Papandreou announced in April 2010 that the cabotage would be terminated. Then called sailors repeatedly strikes in all Greek ports and blocked from cruise ships with non- Greek occupation. For example, hindered April 26, 2010 local seamen nearly 1,000 passengers to enter "Zenith" ( a moving under the flag of Malta's cruise ship ) after a trip again.