Nova tumačenja odredbi Uredbe 3577/92 o pomorskoj kabotaži
New interpretations of Regulation 3577/92 on maritime cabotage

Summary/Abstract: Traditionally, the maritime cabotage market in the Member States of the European Union was previously reserved for domestic shipowners. This practice changed with Regulation 3577/92, applying the principle of freedom to provide services to maritime transport within the Member States (maritime cabotage). Since the entry into force of Regulation 3577/92,providers of maritime cabotage services established in any Member State of the European Union may provide these services in all territory of the Union. The European Commission has been supervising the application of Regulation 3577/92 and brought four reports on the application thereof. In the years 2003 and 2006, the Commission brought Communications on interpretation of Regulation 3577/92, which are very important because in them the Commission brings its interpretations of certain provisions of Regulation 3577/92, which have proved deficient and disputable in practice. The paper analyses the European Commission Communication on the interpretation of Regulation 3577/92 from April 2014, in which special accent was put on the interpretation of the provisions of Regulation 3577/92 regarding the procedure for awarding public service contracts, their duration and manning rules for ships providing maritime cabotage services. The Communication also provides an overview of transitional measures for the application of Regulation 3577/92 with respect to Croatia since its accession to the Union. Also, the European Court of Justice of the European Union brought several judgements, in which some provisions of Regulation 3577/92 were interpreted. These judgements will also be analyzed in this paper.

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