SHIPPING AND MARITIME TRANSPORT 2012-2013 - ANAVE June 2012 | Page 28

ANAVE NATIONAL MARITIME POLICY
companies but a continuation of the scenario defined by a very low transport demand in national cabotage trades, along with very depressed freight rates in the international market due to existing oversupply. Besides, the difficulties in access to loans and the long duration of the crisis, are forcing shipping companies to adjust services and costs to stay alive. Nor this period has brought us great innovations on maritime policy in Spain, all new regulations being produced by the European Union or international bodies. As it may be recalled, in September 2011, following a number of complaints from the shipbuilding industry and some European shipping companies, the European Commission sent to Spain a reasoned opinion on the Spanish legislation applicable to the leasing of ships, for its possible consideration as a State aid incompatible with the EU internal market. Due to this procedure, new orders in Spanish shipyards remained virtually paralyzed since the second half of 2011. Following more than one year of negotiations, in November 2012 the Commission confirmed the Spanish government its acceptance as "State aid compatible" of a new system of tax lease, on the basis of the modification of several elements of the previous practice. However, after more than six months, the new mechanism has not been implemented, because the case opened in 2011 is still pending decision, and its The Commission seems, however, more willing to propose some common rules to improve efficiency in other port services, such as pilotage. But By the time of closing this report, the decision of the Commission is still unknown, and it could decide to refer the matter to the Luxembourg Court. But it seems unlikely to happen, because in the proposed Regulation on ports and port services adopted in May by the Commission, neither labour rules nor market access to cargo handling services are regulated. In October 2012, and also following a complaint, the European Commission sent to the Spanish government a further reasoned opinion, in this case on the law applicable to port cargo handling services (stevedoring). In January 2013, after a consultation process with the employers association, ANESCO, and sectorial unions, the Spanish government replied to the Commission defending the legality of the Spanish regulation with both legal and political arguments (pointing out the inappropriateness of this legal change in the current economic crisis).

T

he past twelve months have not been for the Spanish shipping

solution will decisively condition the attitude of shipyards, banks, investors and shipowners towards the new scheme. There are several solid reasons (legal certainty, legitimate expectations...) to justify a "peaceful" closure of the file, but the final decision by DG COMP (Commissioner Almunia) is still being postponed.

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National Maritime Policy