Print
Download XMLVerdrag inzake een gedragscode voor lijnvaartconferences
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| België | Ja | Nee |
| Brazilië | Ja | Nee |
| Bulgarije | Ja | Nee |
| China | Ja | Nee |
| Cuba | Ja | Nee |
| Denemarken | Ja | Nee |
| Duitsland | Ja | Nee |
| Finland | Ja | Nee |
| Frankrijk | Ja | Nee |
| India | Ja | Nee |
| Irak | Ja | Nee |
| Italië | Ja | Nee |
| Koeweit | Ja | Nee |
| Nederlanden, het Koninkrijk der | Ja | Nee |
| Noorwegen | Ja | Nee |
| Peru | Ja | Nee |
| Portugal | Ja | Nee |
| Russische Federatie | Ja | Nee |
| Spanje | Ja | Nee |
| Verenigd Koninkrijk | Ja | Nee |
| Zweden | Ja | Nee |
België
30-09-1987
I. Reservations:
1. For the purposes of the Code of Conduct, the term "national shipping line" may,
in the case of a State member of the European Economic Community, include any vessel-operating
shipping line established on the territory of that member State, in accordance with
the Treaty establishing the European Economic Community.
2. (a) Without prejudice to paragraph (b) of this reservation, Article 2 of the Code
of Conduct shall not be applied in conference trades between States members of the
Community and, on a reciprocal basis, between these States and other OECD countries
which are parties to the Code:
(b) Point (a) shall not affect the opportunities for participation as third country
shipping lines in such trades, in accordance with the principles reflected in Article
2 of the Code, of the shipping lines of a developing country which are recognized
as national shipping lines under the Code and which are:
(i) Already members of a conference serving these trades, or
(ii) Admitted to such a conference under Article 1(3) of the Code.
3. Articles 3 and 14(9) of the Code of Conduct shall not be applied in conference
trades between the States members of the Community and, on a reciprocal basis, between
these States and other OECD countries which are parties to the Code.
4. In trades to which Article 3 of the Code of Conduct applies, the last sentence
of that Article is interpreted as meaning that:
(a) The two groups of national shipping lines will coordinate their positions before
voting on matters concerning the trade between their two countries;
(b) This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
II. Declarations:
1. In accordance with Resolutions on non-conference shipping lines adopted by the
Conference of Plenipotentiaries, as reproduced in annex II-2 to this convention, the
Government of the Kingdom of Belgium shall not prevent non-conference shipping lines
from operating, provided that they compete with the conferences on a commercial basis,
respecting the principle of fair competition. This government confirms its intention
to abide by the said Resolution.
2. The Government of the Kingdom of Belgium declares that it will implement the Convention
and its annexes in accordance with the basic concepts and considerations herein stated
and, in so doing, is not precluded by the Convention from taking appropriate steps
in the event that another contracting party adopts measures or practices that prevent
fair competition on a commercial basis in its liner trades.
Brazilië
23-06-1975
In accordance with SUNAMAM's resolutions Nos. 3393, of 12/30/1972, and 4173, of 12/21/1972, which set up and structured the "Bureau de Estudos de Fretes Internacionais da SUNAMAM", and by which the "Superintendência Nacional de Marinha Mercante (SUNAMAM)" has the authority to reject any proposal on freight rates put forward by Liner Conferences, the contents of article 14, paragraph 6, of that Convention do not confirm to Brazilian Law.
Bulgarije
12-07-1979
The Government of the People's Republic of Bulgaria considers that the definition
of liner conference does not include joint bilateral lines operating on the basis
of intergovernmental agreements.
With regard to the text of point 2 of the annex to resolution I, adopted on 6 April
1974, the Government of the People's Republic of Bulgaria considers that the provisions
of the Convention on a Code of Conduct for Liner Conferences do not cover the activities
of non-conference shipping lines.
China
23-09-1980
The joint shipping services established between the People's Republic of China and any other country through consultations and on a basis that the parties concerned may deem appropriate, are totally different from liner conferences in nature, and the provisions of the United Nations Convention on a Code of Conduct for Liner Conferences shall not be applicable thereto.
10-06-1997
[Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General
that the Convention with the reservation made by China will also apply to the Hong
Kong Administrative Region.]
[Declaration:]
1. (A) Without prejudice to paragraph 1 (B) of this reservation, article 2 of the
Convention shall not be applied in conference trades, on a reciprocal basis, between
the Hong Kong Special Administrative Region and any State which has made a reservation
disapplying article 2 in respect of its trade with the People's Republic of China.
(B) Paragraph 1 (A) above shall not affect the opportunity of shipping lines of a
developing country for participation as third country shipping lines in such trades
in accordance with the principles reflected in article 2 of the Convention, or the
shipping lines of a developing country which are recognised as national shipping lines
under the Convention and which are:
(a) Already members of a conference serving these trades: or
(b) Admitted to such a conference under article 1(3) of the Convention.
2. In trades where article 2 of the Convention applies, shipping lines incorporated
in the Hong Kong Special Administrative Region will, subject to reciprocity, allow
participation in redistribution by lines from any country which has agreed to allow
participation by lines of the People's Republic of China in redistribution in respect
of its trades.
3. Article 3 and article 14(9) of the Convention shall not be applied in conference
trades, on a reciprocal basis, between the Hong Kong Special Administrative Region
and any State which has made a reservation disapplying article 3 and article 14(9)
in respect of its trade with the People's Republic of China.
4. In trade to which article 3 of the Convention applies, the last sentence of that
article is interpreted as meaning that:
(A) The two groups of national shipping lines will coordinate their position before
voting on matters concerning the trade between their two countries; and
(B) This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
Cuba
23-07-1976
Reservation:
The Republic of Cuba enters a reservation concerning the provisions of article 2,
paragraph 17, of the Convention, to the effect that Cuba will not apply said paragraph
to goods carried by joint liner services for the carriage of any cargo, established
in accordance with intergovernmental agreements, regardless of their origin, their
destination or the use for which they are intended.
Declaration:
With regard to the definitions in the first paragraph of part one, chapter I, the
Republic of Cuba does not accept the inclusion in the concept of "Liner conference
or conference" of joint liner services for the carriage of any type of cargo, established
in accordance with intergovernmental agreements.
Denemarken
28-06-1985
Reservations:
1. For the purposes of the Code of Conduct, the term "national shipping line" may,
in the case of a State member of the European Economic Community, include any vessel-operating
shipping line established on the territory of that member State, in accordance with
the Treaty establishing the European Economic Community.
2. (a) Without prejudice to paragraph (b) of this reservation, Article 2 of the Code
of Conduct shall not be applied in conference trades between States members of the
Community and, on a reciprocal basis, between these States and other OECD countries
which are parties to the Code;
(b) Point (a) shall not affect the opportunities for participation as third country
shipping lines in such trades, in accordance with the principles reflected in Article
2 of the Code, of the shipping lines of a developing country which are recognized
as national shipping lines under the Code and which are:
(i) Already members of a conference serving these trades; or
(ii) Admitted to such a conference under Article 1(3) of the Code.
3. Article 3 and 14(9) of the Code of Conduct shall not be applied in conference trades
between the States members of the Community and, on a reciprocal basis, between these
States and other OECD countries which are parties to the Code.
4. In trades to which Article 3 of the Code of Conduct applies, the last sentence
of that Article is interpreted as meaning that:
(a) The two groups of national shipping lines will coordinate their positions before
voting on matters concerning the trade between their two countries;
(b) This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
Declarations:
The Government of Denmark considers that the United Nations Convention on a Code of
Conduct for Liner Conferences affords the shipping lines of developing countries extended
opportunities to participate in the conference system and is drafted so as to regulate
conferences and their activities in open trades (i.e., when opportunities to compete
exist). This Government also considers that it is essential for the functioning of
the Code and conferences subject thereto that opportunities for fair competition on
a commercial basis by non-conference shipping lines continue to exist and that shippers
are not denied an option in the choice between conference shipping lines and non-conference
shipping lines, subject to loyalty arrangements where they exist. These basic concepts
are reflected in a number of provisions of the Code itself, including its objectives
and principles, and they are expressly set out in Resolution No. 2 on non-conference
shipping lines adopted by the United Nations Conference of Plenipotentiaries.
This Government considers furthermore that any regulations or other measures adopted
by a contracting party to the United Nations Convention with the aim or effect of
eliminating such opportunities for competition by non-conference shipping lines would
be inconsistent with the above-mentioned basic concepts and would bring about a radical
change in the circumstances in which conference subject to the Code are envisaged
as operating. Nothing in the Convention obliges other contracting parties to accept
either the validity of such regulations or measures, or situations where conferences,
by virtue of such regulations or measures, acquire effective monopoly in trades subject
to the Code.
The Government of Denmark declares that it will implement the Convention in accordance
with the basic concepts and considerations herein stated and, in so doing, is not
precluded by the Convention from taking appropriate steps in the event that another
contracting party adopts measures or practices that prevent fair competition on a
commercial basis in its liner trades.
Duitsland
06-04-1983
Declarations:
1. For the purposes of the Code of Conduct, the term "national shipping line" may,
in the case of a Member State of the European Economic Community, include any vessel
operating shipping line established on the territory of such Member State in accordance
with the EEC Treaty.
2. (a) Without prejudice to paragraph (b) [hereinafter], article 2 of the Code of
Conduct shall not be applied in conference trades between the Member States of the
European Economic Community or, on the basis of reciprocity, between such States and
other OECD countries which are parties to the Code.
(b) Paragraph (a) [above] shall not affect the opportunities for participation as
third-country shipping lines in such trades, in accordance with the principles laid
down in such trades, in accordance with the principles laid down in article 2 of the
Code, of the shipping lines of a developing country which are recognized as national
shipping lines under the Code and which are:
(i) Already members of a conference serving these trades; or
(ii) Admitted to such a conference under article 1 (3) of the Code.
3. Articles 3 and 14 (9) of the Code of Conduct shall not be applied in conference
trades between the Member States of the Community or, on a reciprocal basis, between
such States and the other OECD countries which are parties to the Code.
4. In trades to which article 3 of the Code of Conduct applies, the last sentence
of that article is interpreted as meaning that:
(a) The two groups of national shipping lines will coordinate their positions before
voting on matters concerning the trade between their two countries;
(b) this sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
5. The Government of the Federal Republic of Germany will not prevent non-conference
shipping lines from operating as long as they compete with conferences on a commercial
basis while adhering to the principle of fair competition, in accordance with the
resolution on non-conference lines adopted by the Conference of Plenipotentiaries.
It confirms its intention to act in accordance with the said resolution.
Finland
31-12-1985
Reservations:
1. Articles 2, 3 and 14(9) of the Code of Conduct shall, on a reciprocal basis, not
be applied in conference trades between Finland and other OECD countries which are
parties to the Code.
2. In trades to which Article 3 of the Code of Conduct applies, the last sentence
of that Article is interpreted as meaning that:
a) The two groups of national shipping lines will coordinate their positions before
voting on matters concerning the trade between their two countries;
b) This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
Declarations:
A. The Government of Finland considers that the United Nations Convention on a Code
of Conduct for Liner Conferences affords the shipping lines of developing countries
extended opportunities to participate in the conference system and is drafted so as
to regulate conferences and their activities in open trades (i.e., when opportunities
to compete exist). This Government also considers that it is essential for the functioning
of the Code and conferences subject thereto that opportunities for fair competition
on a commercial basis by non-conference shipping lines continue to exist and that
shippers are not denied an option in the choice between conference shipping lines
and non-conference shipping lines, subject to loyalty arrangements where they exist.
These basic concepts are reflected in a number of provisions of the Code itself, including
its objectives and principles, and they are expressly set out in Resolution No. 2
on non-conference shipping lines adopted by the United Nations Conference of Plenipotentiaries.
B. This Government considers furthermore that any regulations or other measures adopted
by a contracting party to the UN Convention with the aim or effect of eliminating
such opportunities for competition by non-conference shipping lines would be inconsistent
with the above-mentioned basic concepts and would bring about a radical change in
the circumstances in which conferences subject to the Code are envisaged as operating.
Nothing in the Convention obliges other contracting parties to accept either the validity
of such regulations or measures or situations where conferences, by virtue of such
regulations or measures, acquire effective monopoly in trades subject to the Code.
C. The Government of Finland declares that it will implement the Convention in accordance
with the basic concepts and considerations herein stated and, in so doing is not precluded
by the Convention from taking appropriate steps in the event that another contracting
party adopts measures or practices that prevent fair competition on a commercial basis
in its liner trades.
Frankrijk
04-10-1985
Reservations:
1. For the purposes of the Code of Conduct, the term "national shipping line" may,
in the case of a State member of the European Economic Community, include any vessel-operating
shipping line established on the territory of that member State, in accordance with
the Treaty establishing the European Economic Community.
2. (a) Without prejudice to paragraph (b) of this reservation, Article 2 of the Code
of Conduct shall not be applied in conference trades between States members of the
Community and, on a reciprocal basis, between these States and other OECD countries
which are parties to the Code;
(b) Point (a) shall not affect the opportunities for participation as third country
shipping lines in such trades, in accordance with the principles reflected in Article
2 of the Code, of the shipping lines of a developing country which are recognized
as national shipping lines under the Code and which are:
(i) Already members of a conference serving these trades; or
(ii) Admitted to such a conference under Article 1(3) of the Code.
3. Article 3 and 14(9) of the Code of Conduct shall not be applied in conference trades
between the States members of the Community and, on a reciprocal basis, between these
States and other OECD countries which are parties to the Code.
4. In trades to which Article 3 of the Code of Conduct applies, the last sentence
of that Article is interpreted as meaning that:
(a) The two groups of national shipping lines will co-ordinate their positions before
voting on matters concerning the trade between their two countries;
(b) This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
India
14-02-1978
In confirmation of paragraph (2) of the statement filed by the Representative of India on behalf of the Group of 77 on 8 April 1974 at the United Nations Conference of Plenipotentiaries on a Code of Conduct for Liner Conferences, it is the understanding of the Government of India that the intergovernmental shipping services established in accordance with intergovernmental agreements fall outside the purview of the Convention on the Code of Conduct for Liner Conferences regardless of the origin of the cargo, their destination or the use for which they are intended.
Irak
25-10-1978
The accession shall in no way signify recognition of Israel or entry into any relation therewith.
Italië
30-05-1989
Reservation:
1. In application of the Code of Conduct, the concept of a "national shipping line"
may, in the case of a member State of the European Community, include all shipping
companies established on the territory of that member State in accordance with the
treaty setting up the European Economic Community.
2. (a) Without prejudice to the text of paragraph (b) of this reservation, article
2 of the Code of Conduct shall not be applied in trade carried by a conference between
the member States of the Community and, on a reciprocal basis, between those States
and the other OECD countries parties to the Code,
(b) The text of paragraph (a) shall not affect the opportunities for shipping lines
of developing countries, as third-country shipping lines, to take part in such trade
in accordance with the principles set out in article 2 of the Code, provided they
have been recognized as national shipping lines under the terms of the Code and:
(i) Are already members of a conference carrying such trade, or
(ii) Have been accepted for membership of such a conference under the provisions of
article 1(3) of the Code.
3. Article 3 and article 14(9) of the Code of Conduct shall not be applied in trade
carried out by a conference between the member States of the Community and, on a reciprocal
basis, between those countries and the other OECD countries parties to the Code.
4. In any trade to which article 3 of the Code of Conduct applies, the last sentence
of the article is taken to mean that:
(a) The two groups of national shipping lines shall co-ordinate their positions before
voting on matters relating to trade between their two countries;
(b) The sentence shall be applied solely to matters defined in a conference agreement
as requiring the consent of the two groups of national shipping lines concerned and
not to all matters covered by the conference agreement.
Declaration:
The Government of the Republic of Italy
- Will not prevent non-conference lines from operating as long as they compete with
conferences on a commercial basis while adhering to the principle of fair competition,
in accordance with the Resolution on non-conference lines adopted by the Conference
of Plenipotentiaries;
- Confirms its intention of acting in accordance with the said Resolution.
Koeweit
31-03-1986
The accession to the Convention does not mean in any way a recognition of Israel by the Government of Kuwait.
Nederlanden, het Koninkrijk der
06-04-1983
Declarations:
1. For the purposes of the Code of Conduct, the term "national shipping line" may,
in the case of a Member State of the European Economic Community, include any vessel
operating shipping line established on the territory of such Member State in accordance
with the EEC Treaty.
2. (a) Without prejudice to paragraph (b) [hereinafter], article 2 of the Code of
Conduct shall not be applied in conference trades between the Member States of the
European Economic Community or, on the basis of reciprocity, between such States and
other OECD countries which are parties to the Code.
(b) Paragraph (a) [above] shall not affect the opportunities for participation as
third-country shipping lines in such trades, in accordance with the principles laid
down in such trades, in accordance with the principles laid down in article 2 of the
Code, of the shipping lines of a developing country which are recognized as national
shipping lines under the Code and which are:
(i) Already members of a conference serving these trades; or
(ii) Admitted to such a conference under article 1 (3) of the Code.
3. Articles 3 and 14 (9) of the Code of Conduct shall not be applied in conference
trades between the Member States of the Community or, on a reciprocal basis, between
such States and the other OECD countries which are parties to the Code.
4. In trades to which article 3 of the Code of Conduct applies, the last sentence
of that article is interpreted as meaning that:
(a) The two groups of national shipping lines will coordinate their positions before
voting on matters concerning the trade between their two countries;
(b) this sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
5. The Government of the Kingdom of the Netherlands will not prevent non-conference
shipping lines from operating as long as they compete with conferences on a commercial
basis while adhering to the principle of fair competition, in accordance with the
resolution on non-conference lines adopted by the Conference of Plenipotentiaries.
It confirms its intention to act in accordance with the said resolution.
Noorwegen
28-06-1985
Reservations:
1. For the purposes of the Code of Conduct, the term "national shipping line" may,
in the case of a State member of the European Economic Community, include any vessel-operating
shipping line established on the territory of that member State, in accordance with
the Treaty establishing the European Economic Community.
2. (a) Without prejudice to paragraph (b) of this reservation, Article 2 of the Code
of Conduct shall not be applied in conference trades between States members of the
Community and, on a reciprocal basis, between these States and other OECD countries
which are parties to the Code;
(b) Point (a) shall not affect the opportunities for participation as third country
shipping lines in such trades, in accordance with the principles reflected in Article
2 of the Code, of the shipping lines of a developing country which are recognized
as national shipping lines under the Code and which are:
(i) Already members of a conference serving these trades; or
(ii) Admitted to such a conference under Article 1(3) of the Code.
3. Article 3 and 14(9) of the Code of Conduct shall not be applied in conference trades
between the States members of the Community and, on a reciprocal basis, between these
States and other OECD countries which are parties to the Code.
4. In trades to which Article 3 of the Code of Conduct applies, the last sentence
of that Article is interpreted as meaning that:
(a) The two groups of national shipping lines will co-ordinate their positions before
voting on matters concerning the trade between their two countries;
(b) This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
Declarations:
The Government of Norway considers that the United Nations Convention on a Code of
Conduct for Liner Conferences affords the shipping lines of developing countries extended
opportunities to participate in the conference system and is drafted so as to regulate
conferences and their activities in open trades (i.e., when opportunities to compete
exist). This Government also considers that it is essential for the functioning of
the Code and conference subject thereto that opportunities for fair competition on
a commercial basis by non-conference shipping lines continue to exist and that shippers
are not denied an option in the choice between conference shipping lines and non-conference
shipping lines, subject to loyalty arrangements where they exist. These basic concepts
are reflected in a number of provisions of the Code itself, including its objectives
and principles, and they are expressly set out in Resolution No. 2 on non-conference
shipping lines adopted by the United Nations Conference of Plenipotentiaries.
This Government considers furthermore that any regulations or other measures adopted
by a contracting party to the United Nations Convention with the aim or effect of
eliminating such opportunities for competition by non-conference shipping lines would
be inconsistent with the above-mentioned basic concepts and would bring about a radical
change in the circumstances in which conference subject to the Code are envisaged
as operating. Nothing in the Convention obliges other contracting parties to accept
either the validity of such regulations or measures, or situations where conferences,
by virtue of such regulations or measures, acquire effective monopoly in trades subject
to the Code.
The Government of Norway declares that it will implement the Convention in accordance
with the basic concepts and considerations herein stated and, in so doing, is not
precluded by the Convention from taking appropriate steps in the event that another
contracting party adopts measures or practices that prevent fair competition on a
commercial basis in its liner trades.
Peru
21-11-1978
The Government of Peru does not regard itself as being bound by the provisions of chapter II, article 2, paragraph 4, of the Convention.
Portugal
13-06-1990
A. Reservations:
1. In application of the Code of Conduct, the term "national shipping line" may, in
the case of a Member State of the European Community, include any vessel-operating
shipping line established on the territory of such Member State in accordance with
the EEC Treaty.
2. (a) Without prejudice to paragraph (b) of this reservation, article 2 of the Code
of Conduct shall not be applied in conference trades between the Member States of
the Community and, on a reciprocal basis, between such States and other OECD countries
which are parties to the Code.
(b) The text of paragraph (a) shall not affect the opportunities for participation
as third country shipping lines in such trades, in accordance with the principles
reflected in article 2 of the Code, of the shipping lines of a developing country
which are recognized as national shipping lines under the code and which are:
(i) Already members of a conference serving these trades; or
(ii) Admitted to such a conference under article 1(3) of the Code.
3. Articles 3 and 14 (9) of the Code of Conduct shall not be applied in conference
trades between the Member States of the Community and, on a reciprocal basis, between
such States and the other OECD countries which are parties to the Code. In trades
to which Article 3 of the Code of Conduct applies, the last sentence of that Article
is interpreted as meaning that:
-The two groups of national shipping lines will co-ordinate their positions before
voting on matters concerning the trade their countries;
-This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
B. Declarations:
1. The Government of Portugal considers that the United Nations Convention on a Code
of Conduct for Liner Conferences affords the shipping lines of developing countries
extended opportunities to participate in the conference system and is drafted so as
to regulate conferences and their activities in open trades. The Government also considers
that it is essential for the functioning of the Code and conferences subject thereto
that opportunities for fair competition on a commercial basis by non-conference shipping
lines continue to exist and that shippers are not denied an option in the choice between
conference shipping lines and non-conference shipping lines, subject to loyalty arrangements
where they exist. These basic concepts are reflected in a number of provisions of
the Code itself, including its objectives and principles, and they are expressly set
out in Resolution No. 2 on non-conference shipping lines adopted by the United Nations
Conference of Plenipotentiaries.
2. The Government considers furthermore that any regulations or other measures adopted
by a Contracting Party to the Convention with the aim or effect of eliminating such
opportunities for competition by non-conference shipping lines would be inconsistent
with the above-mentioned basic concepts and would bring about a radical change in
the circumstances in which conferences subject to the Code are envisaged as operating.
Nothing in the Convention obliges other Contracting Parties to accept either the validity
of such regulations or measures or situations where conferences, by virtue of such
regulations or measures, acquire effective monopoly in trades subject to the Code.
3. The Government of Portugal declares that it will implement the Convention in accordance
with the basic concepts and considerations herein stated and, in so doing, is not
precluded by the Convention from taking appropriate steps in the event that another
Contracting Party adopts measures or practices that prevent fair competition on a
commercial basis in its liner trade.
Russische Federatie
28-06-1979
The Government of the Union of Soviet Socialist Republics considers that the provisions of the Convention on a Code of Conduct for Liner Conferences do not apply to joint shipping lines established on the basis of intergovernmental agreements to serve bilateral trade between the countries concerned.
Spanje
03-02-1994
Reservation 1:
For the purposes of implementing the Code of Conduct, the concept of a "national shipping
line" may, in the case of a State member of the European Economic Community, include
any vessel-operating shipping line established in the territory of that State, in
accordance with the Treaty establishing the European Economic Community.
Reservation 2:
(a) Without prejudice to the text (b) below, article 2 of the Code of Conduct shall
not apply in conference trades between States members of the Community and, on the
basis of reciprocity, between these States and other Organization for Economic Cooperation
and Development (OECD) countries which are parties to the Code.
(b) The text of (a) above shall not affect the opportunities for participation in
such trades, as third-country shipping lines, in accordance with the principles set
out in article 2 of the Code, by the shipping lines of a developing country which
are recognized as national shipping lines under the Code and which are:
(I) Members of a conference which ensures such trades, or
(II) Admitted to membership of that conference under article 1, paragraph 3, of the
Code.
Reservation 3:
Article 3 and article 14, paragraph 9, of the Code shall not apply in conference trades
between States members of the Community and, on the basis of reciprocity, between
these States and other OECD countries which are parties to the Code.
Reservation 4:
In trades to which article 3 of the Code applies, the final sentence of that article
shall be interpreted as follows:
(a) The two groups of national shipping lines shall coordinate their positions prior
to voting on issues relating to trade between their two countries.
(b) This sentence shall apply solely to issues which, under the conference agreement,
require the consent of the two groups of national shipping lines concerned, and not
to all issues dealt with in the conference agreement.
Declaration:
A. The Government of Spain considers that the United Nations Convention on a Code
of Conduct for Liner Conferences provides the shipping lines of developing countries
with ample opportunities to participate in the liner conference system, and that it
has been drafted in such a manner as to regulate conferences and their activities
within a system of free trade (where there are opportunities for non-conference shipping
lines).
This Government also deems it essential to the functioning of the Code and of the
conferences whose regulation is referred to that there should continue to be opportunities
for fair competition on a commercial basis for non-conference shipping lines, and
that shippers could not be denied an option in the choice between conference shipping
lines and non-conference shipping lines, subject to any loyalty arrangements where
they exist. These basic concepts are reflected in several provisions of the Code itself,
including its objectives and principles, and are expressly set out in resolution No.
2, concerning non-conference shipping lines, adopted by the United Nations Conference
of Plenipotentiaries.
B. This Government further believes that any regulation or other measures adopted
by a Contracting Party to the United Nations Convention and having the purpose or
effect of eliminating such opportunities for competition for non-conference shipping
lines would be incompatible with the basic concepts mentioned above, and would effect
a radical change in the circumstances under which conferences subject to the Code
are envisaged as operative. Nothing in the Convention requires other Contracting Parties
to accept either the validity of such regulations, or measures or situations whereby
conferences, through such regulations or measures, would, in practice, acquire a monopoly
on trades subject to the Code.
C. The Government of Spain declares that it will implement the Convention in accordance
with the basic concepts and conclusions stipulated herein and that, accordingly, the
Convention shall not prevent it from taking appropriate steps in the event that another
Contracting Party adopts measures or practices which impede fair competition on a
commercial basis in liner shipping service.
Verenigd Koninkrijk
28-06-1985
I. In relation to the United Kingdom of Great Britain and Northern Ireland and to
Gibraltar:
Reservations:
1. For the purposes of the Code of Conduct, the term "national shipping line" may,
in the case of a State member of the European Economic Community, include any vessel-operating
shipping line established on the territory of that member State, in accordance with
the Treaty establishing the European Economic Community.
2. (a) Without prejudice to paragraph (b) of this reservation, Article 2 of the Code
of Conduct shall not be applied in conference trades between States members of the
Community and, on a reciprocal basis, between these States and other OECD countries
which are parties to the Code;
(b) Point (a) shall not affect the opportunities for participation as third country
shipping lines in such trades, in accordance with the principles reflected in Article
2 of the Code, of the shipping lines of a developing country which are recognized
as national shipping lines under the Code and which are:
(i) Already members of a conference serving these trades; or
(ii) Admitted to such a conference under Article 1(3) of the Code.
3. Article 3 and 14(9) of the Code of Conduct shall not be applied in conference trades
between the States members of the Community and, on a reciprocal basis, between these
States and other OECD countries which are parties to the Code.
4. In trades to which Article 3 of the Code of Conduct applies, the last sentence
of that Article is interpreted as meaning that:
(a) The two groups of national shipping lines will co-ordinate their positions before
voting on matters concerning the trade between their two countries;
(b) This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
II. In relation to Hong Kong:
1. (a) Without prejudice to paragraph (b) of this reservation, Article 2 of the Code
of Conduct shall not be applied in conference trades, on a reciprocal basis, between
Hong Kong and any State which has made a reservation disapplying Article 2 in respect
of its trades with the United Kingdom.
(b) Point (a) above shall not affect the opportunity for participation as a third
country shipping lines in such trades in accordance with the principles reflected
in Article 2 of the Code, of the shipping lines of a developing country which are
recognized as national shipping lines under the Code and which are:
(i) Already members of a conference serving these traces; or
(ii) Admitted to such a conference under Article 1 (3) of the Code.
2. In trades where Article 2 of the Code applies, Hong Kong shipping lines will, subject
to reciprocity, allow participation in redistribution by lines from any country which
has agreed to allow participation by United Kingdom lines in redistribution in respect
of any of its trades.
3. Article 3 and Article 14 (9) of the Code shall not be applied in conference trades,
on a reciprocal basis, between Hong Kong and any State which has made a reservation
disapplying Article 3 and Article 14 (9) in respect of its trades with the United
Kingdom.
4. In trades to which Article 3 of the Code applies, the last sentence of that article
is interpreted as meaning that:
(i) The two groups of national shipping lines will coordinate their position before
voting on matters concerning the trade between their two countries; and
(ii) This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
Declarations:
The Government of Great Britain and Northern Ireland considers that the United Nations
Convention on a Code of Conduct for Liner Conferences affords the shipping lines of
developing countries extended opportunities to participate in the conference system
and is drafted so as to regulate conferences and their activities in open trades (i.e.,
when opportunities to compete exist). This Government also considers that it is essential
for the functioning of the Code and conference subject thereto that opportunities
for fair competition on a commercial basis by non-conference shipping lines continue
to exist and that shippers are not denied an option in the choice between conference
shipping lines and non-conference shipping lines, subject to loyalty arrangements
where they exist. These basic concepts are reflected in a number of provisions of
the Code itself, including its objectives and principles, and they are expressly set
out in Resolution No. 2 on non-conference shipping lines adopted by the United Nations
Conference of Plenipotentiaries.
This Government considers furthermore that any regulations or other measures adopted
by a contracting party to the United Nations Convention with the aim or effect of
eliminating such opportunities for competition by non-conference shipping lines would
be inconsistent with the above-mentioned basic concepts and would bring about a radical
change in the circumstances in which conference subject to the Code are envisaged
as operating. Nothing in the Convention obliges other contracting parties to accept
either the validity of such regulations or measures, or situations where conferences,
by virtue of such regulations or measures, acquire effective monopoly in trades subject
to the Code.
The Government of the United Kingdom of Great Britain and Northern Ireland declares
that it will implement the Convention in accordance with the basic concepts and considerations
herein stated and, in so doing, is not precluded by the Convention from taking appropriate
steps in the event that another contracting party adopts measures or practices that
prevent fair competition on a commercial basis in its liner trades.
Zweden
28-06-1985
Reservations:
1. For the purposes of the Code of Conduct, the term "national shipping line" may,
in the case of a State member of the European Economic Community, include any vessel-operating
shipping line established on the territory of that member State, in accordance with
the Treaty establishing the European Economic Community.
2. (a) Without prejudice to paragraph (b) of this reservation, Article 2 of the Code
of Conduct shall not be applied in conference trades between States members of the
Community and, on a reciprocal basis, between these States and other OECD countries
which are parties to the Code;
(b) Point (a) shall not affect the opportunities for participation as third country
shipping lines in such trades, in accordance with the principles reflected in Article
2 of the Code, of the shipping lines of a developing country which are recognized
as national shipping lines under the Code and which are:
(i) Already members of a conference serving these trades; or
(ii) Admitted to such a conference under Article 1(3) of the Code.
3. Article 3 and 14(9) of the Code of Conduct shall not be applied in conference trades
between the States members of the Community and, on a reciprocal basis, between these
States and other OECD countries which are parties to the Code.
4. In trades to which Article 3 of the Code of Conduct applies, the last sentence
of that Article is interpreted as meaning that:
(a) The two groups of national shipping lines will co-ordinate their positions before
voting on matters concerning the trade between their two countries;
(b) This sentence applies solely to matters which the conference agreement identifies
as requiring the assent of both groups of national shipping lines concerned, and not
to all matters covered by the conference agreement.
Declarations:
The Government of Sweden considers that the United Nations Convention on a Code of
Conduct for Liner Conferences affords the shipping lines of developing countries extended
opportunities to participate in the conference system and is drafted so as to regulate
conferences and their activities in open trades (i.e., when opportunities to compete
exist). This Government also considers that it is essential for the functioning of
the Code and conference subject thereto that opportunities for fair competition on
a commercial basis by non-conference shipping lines continue to exist and that shippers
are not denied an option in the choice between conference shipping lines and non-conference
shipping lines, subject to loyalty arrangements where they exist. These basic concepts
are reflected in a number of provisions of the Code itself, including its objectives
and principles, and they are expressly set out in Resolution No. 2 on non-conference
shipping lines adopted by the United Nations Conference of Plenipotentiaries.
This Government considers furthermore that any regulations or other measures adopted
by a contracting party to the United Nations Convention with the aim or effect of
eliminating such opportunities for competition by non-conference shipping lines would
be inconsistent with the above-mentioned basic concepts and would bring about a radical
change in the circumstances in which conference subject to the Code are envisaged
as operating. Nothing in the Convention obliges other contracting parties to accept
either the validity of such regulations or measures, or situations where conferences,
by virtue of such regulations or measures, acquire effective monopoly in trades subject
to the Code.
The Government of Sweden declares that it will implement the Convention in accordance
with the basic concepts and considerations herein stated and, in so doing, is not
precluded by the Convention from taking appropriate steps in the event that another
contracting party adopts measures or practices that prevent fair competition on a
commercial basis in its liner trades.