No L 49/88 Official Journal of the European Communities 27. 2. 93 {Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 17 February 1993 on Spain’s request for adoption by the Commission of safeguard measures under Article 5 of Regulation (EEC) No 3577/92 against applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (Only the Spanish text is authentic) (93/125/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty estabhshmg the European Economic Community, Having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States ('), and in particular Article 5 (1) thereof, which sets out the circumstances under which a Member State may request the Commission to adopt safeguard measures in the event of serious disturbance of the internal transport market due to cabotage liberalization or in the case of an emergency, Whereas the competitive position of the Spanish shipping industry is not at the level of that of several other ship- ping industries in the Community, the operating costs of which decreased because of the use of special registers which give more favourable fiscal and other treatment to ships particularly when operating outside home waters ; Whereas Spain published on 25 November 1992 a new Law on Ports and Merchant creating a special register for vessels and shipping companies which will be open initi- ally for vessels operating in international trade only; whereas the average tonnage of the Spanish fleet opera- () OJ No L 364, 12. 12. 1992, p. 7. ting in cabotage is small compared to the competitive fleets from other Member States, therefore, causing a cost disadvantage ; whereas the operating costs of Spanish vessels in Spanish waters can be adjusted only over a period of time given the need for further revision of applicable agreements and regulations, whereas for these reasons the likely appearance of ships registered in other Member States’ special registers may pose a serious threat to the survival of Spanish operators in the cabotage market ; Whereas Spain adopted on 23 December 1992 a ministe- rial order. adopting unilateral safeguard measures on the basis of the last subparagraph of Article 5 (1) of Regula- tion (EEC) No 3577/92 consisting of the suspension of " the application of the said Regulatlon in Spain for a period of three months; Whereas on the 8 January 1993 Spain formally comuni- cated the adoption of the above measure and, on the basis of a study prepared by the Spanish authorities on the impact of an immediate liberalization of cabotage on the carriers directly involved, requested the Commission to grant a derogation of 12 months from the application of the said regulation for continental cabotage traffic ; Whereas a meeting was organized by the Commission on the 20 January 1993 to consult other Member States on this request in accordance with Article § (1) of the above- mentional Regulation ;