1. The refusal of access is applicable to any ship flying the flag of a State whose detention rate falls into the black list or grey list as defined by the Paris MOU which has been detained or issued with a prevention of operation order under Council Directive 99/35/EC more than twice in the course of the preceding 36 months in a port of a Member State or of a State signatory of the MOU.

5. Each Party shall grant, inter alia, a treatment no less favourable than that accorded to its own ships, for the ships used for the transport of goods, passengers or both, sailing under the flag of the other Party or operated by its nationals or companies, with respect to access to ports, the use of infrastructure and auxiliary maritime services of those ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.

Article 7 of the common position provides, in addition, that after 2015 neither the continued operation of category (2) and (3) oil tankers under the flag of a Member State, nor the entry of oil tankers of the above categories under the flag of a third State into ports or offshore terminals under the jurisdiction of a Member State shall be allowed.

Each Party shall grant, inter alia, a treatment no less favourable than that accorded to a Party's own vessels, for vessels used for the transport of goods, passengers or both, and flying the flag of the other Party, with respect to access to ports open to foreign vessels, the use of infrastructure and auxiliary maritime services of those ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.

The Council accordingly agreed on three dates: December 31 1989 for freedom for shippers from one member state to offer services between ports in two other member states in a vessel flying a Community flag. December 31 1991 for freedom to offer services between a port in another member state and a third country in a vessel flying a Community flag. - 2 - January 1 1993 for freedom to offer services between a port in another member state and a third country in a non-Community vessel. 2. Application of the competition rules Until now, no detailed rules have existed for applying ...[+++]the Community's competition law to shipping.

The Jones Act currently reserves the US domestic shipping market for US-built boats, thereby ensuring that only those vessels built in US shipyards and flying a US flag can ply trade between one US port and another.