Decree of the Minister for Foreign Affairs No. 30 / 1986 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Code of Conduct for Line Conferences
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Effective from 06.10.1983
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30
DECLARATION
Minister for Foreign Affairs
of 13 January 1986
on the Convention on the Code of Conduct for Line Conferences
On 6 April 1974, the Convention on the Code of Conduct of Line Conferences was negotiated in Geneva. On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 30 June 1975.
A declaration was made at the time of signature that:
(a) the provisions of the Code shall not apply to connected liner services established under intergovernmental bilateral trade agreements;
(b) the possible unilateral regulation of the activities of non-conference lines through national legislation would be considered incompatible by the CSSR with the main objectives and principles of the Convention and would not be recognised as valid.
The Charter on the approval of the Czechoslovak Socialist Republic to the Convention on the Code of Conduct of Line Conferences was deposited with the Secretary-General of the United Nations, depositary of the Convention, on 4 June 1979.
The Convention entered into force on 6 October 1983 on the basis of Article 49 (1) and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
ON THE CODES OF THE INDIVIDUAL CONFERENCES
Objectives and principles
Contracting Parties to this Convention
in order to improve the system of liner conferences,
recognising the need for a universally acceptable Code of Conduct for Line Conferences,
taking into account the specific needs and problems of developing countries with regard to the activities of liner conferences serving their foreign trade; and
agreeing to the following basic objectives and guidelines in the Code:
(a) the objectives of assisting the orderly expansion of world maritime trade;
(b) the objectives of promoting the development of regular and efficient liner services, proportionate to the requirements of the relevant trade;
(c) the objectives of ensuring a balance between the interests of suppliers and users of liner shipping services;
(d) the principles that the practice of conferences is not to discriminate against shipowners, shippers or foreign trade in any State;
(e) the principles that conferences hold appropriate consultations with consignors' organisations, representatives of consignors and consignors on matters of common interest, with the participation of the competent authorities, if they so request;
(f) the principles that conferences are to make relevant information available to interested parties on their activities which are relevant to them and that they are to publish effective information on their activities;
they have agreed as follows:
DEFINITIONS
Line conference or line conference
The Line Conference is a group of two or more carriers operating a ship which provides international liner services for the carriage of cargo on a given route or on certain geographically defined routes and which has an agreement or arrangement, irrespective of their nature, within which they operate at uniform or common transport rates and under other agreed conditions relating to the provision of liner services.
National shipping line
The national shipping service of that State shall be a carrier operating a ship which has its head office and actual management in that State and is recognised as such by the competent authorities of that State or within the meaning of the legislation of that State.
Lines belonging to, and operated by, the Joint Undertaking with the participation of two or more States in whose capital the national, public and / or private interests of those States hold a substantial share, and whose administrative headquarters and operational management are in one of those States, may be recognised as national shipping lines by the competent authorities of those States.
Third State Naval Line
A third-State shipping service shall be a carrier operating a ship between two States, unless the national shipping service is either of those States.
Consignor
The consignor shall be a natural or legal person who has entered or intends to enter into a contractual or other arrangement with a conference or a shipping service for the purpose of embarking on goods in which he has a gainful interest.
Organisation of consignors
The organization of consignors shall be an association or an equivalent organisation which supports, represents and protects the interests of consignors and as such is recognised by the competent authority or authorities of the State of which it represents the consignor, if those authorities so wish.
Goods transported by conference
Goods transported by conference shall be those carried by the conference member shipping lines under the conference agreement.
Competent authority
The competent authority shall be the government or authority designated by the Government or national legislation to perform any function assigned to that authority by the provisions of this Code.
Incentive rate of transport
The incentive rate shall be the rate established to promote the transport of non-traditional exports of the State concerned.
Special rate of carriage
The special rate of carriage is a preferential rate other than an incentive rate which may be negotiated between the parties concerned.
RELATIONS BETWEEN MEMBER LINKS
Composition
(1) Each national shipping service shall have the right to be a full member of a conference serving the foreign trade of its State, provided that the conditions referred to in Article 1 (2) are met. Marine lines which are not national routes of carriage carried out by conferences shall have the right to become full members of this conference, provided that the conditions referred to in Article 1 (2) and (3) and the provisions relating to the share of shipments as referred to in Article 2 as regards third-country shipping lines are met.
(2) The sea line applying for membership of a conference must provide proof of its competence and intention, which may include the use of tonnage hired if the conditions of this paragraph are met, to operate a regular, proportionate and effective service within the conference on a long-term basis, as provided for in the conference agreement, and must undertake to comply with all the conditions of the conference agreement and to lodge a financial guarantee to cover the outstanding financial obligations in the event that it renounces membership or is suspended or withdrawn if the conference agreement so requires.
(3) The following conditions shall be taken into account in the examination of an application for membership of a shipping line which is not a national transport line of the relevant conference, in addition to the provisions referred to in Article 1 (2):
(a) the current volume of trade on the routes or routes operated by this Conference and the prospects for its growth;
(b) the adequacy of the space for the current and prospective volume of trade on the route or routes operated by this conference;
(c) the likely impact on the efficiency and quality of conference services of the admission of the shipping line to this conference;
(d) normal participation of the shipping line in trade on the same route or such routes outside the conference; and
(e) normal participation of the shipping line on the same route or such routes within another conference.
The above conditions shall not be used in a way which adversely affects the fulfilment of the provisions relating to participation in the trade referred to in Article 2.
(4) The application for admission or re-admission shall be decided promptly and the applicant shall be informed by the Conference promptly and no later than six months after the date of the request. Where a shipping service has been refused admission or re-admission, the Conference shall simultaneously justify such refusal in writing.
(5) When examining applications for admission, the Conference shall take into account the opinions submitted by the consignors and the organisations of the consignors of the States whose trade it transports and the opinions of the competent authorities, if they so request.
(6) In addition to the conditions for admission referred to in Article 1 (2), the shipping line requesting readmission shall also provide proof that it has fulfilled its obligations within the meaning of Article 4 (1) and (4). The conference can examine particularly carefully the circumstances in which the line left the conference.
Participation in transactions
(1) Any shipping line accepted as a member of the conference has the right to sail and load goods in the shipments carried out by that conference.
(2) If the conference operates a pool, all the conference member shipping lines serving trade included in the pool shall have the right to participate in the pool for this shipment.
(3) In order to determine the proportion of the transactions to which the Member States are entitled, the national shipping lines of each State, irrespective of the number of routes, shall be considered as a single group of shipping lines of that State.
(4) In determining the share of trade within the pool of individual member lines and / or groups of national shipping lines, the following principles shall be observed within the meaning of Article 2 (2) concerning their right to participate in the transactions conducted by conferences, unless otherwise agreed between them:
(a) the group of national shipping lines of each of the two States between which the carriage for foreign trade is carried out by this conference shall have the same rights to participate in the carriage and volume of transport resulting from their mutual foreign trade and carried out by the conference;
(b) the shipping lines of a third State, if they are, have the right to obtain a significant proportion, e.g. 20%, of the freight and the volume of transport, originating from such transactions.
(5) Where there are no national shipping lines involved in the carriage of goods in that trade in a Member State whose trade is carried out by conferences, the share of the trade to which the national shipping lines of that State would be entitled within the meaning of Article 2 (4) shall be divided between the Member States involved in that trade in proportion to their respective shares.
(6) If the national shipping lines of one State decide not to use their full share of the trade, that part of their share of the trade which they do not use shall be divided between the Member States involved in the trade in proportion to their respective shares.
(7) If the national shipping lines of the relevant States do not participate in the trade between those States carried out by the Conference, the shares in the transactions between those States shall be distributed in proportion to the participating Member States' member lines, on the basis of the trade negotiations between those routes.
(8) National sea lines of the geographical area which are members of the conference at one end of the transport route provided by the conference may, by mutual agreement, redistribute the shares in the transactions allocated to them within the meaning of Article 2 (4) to (7) inclusive.
(9) Subject to the provisions of Article 2 (4) to (8) inclusive, which relate to shares in transactions between sea lines or groups of sea lines, agreements on pools or share in transactions shall be revised on a regular basis by conferences within the time limits laid down in those agreements and subject to the conditions detailed in the conference agreement.
(10) The provisions of this Article shall apply as soon as possible after the entry into force of this Convention and shall expire during a transitional period which shall in no case exceed two years, taking into account the specific situation in each of the relevant trade areas.
(11) Maritime lines that are members of the conference have the right to operate chartered ships to meet their obligations to the conference.
(12) The conditions for determining and reviewing the shares referred to in Article 2 (1) to (11) inclusive shall apply if, in the absence of a pool, the agreement on the allocation of ports in which it is landed is the number of ships leaving and / or any other form of allocation of costs.
(13) If there is no pool agreement in the conference, the allocation of ports where it is landing, the number of ships leaving or any other agreement to participate in transactions, each group of national shipping lines that are members of the conference may require that the pool arrangements in respect of trade between their states be introduced, carried out by that conference, in accordance with the provisions of Article 2 (4) or may require that ship departure be adjusted so as to allow those services to enjoy properly the same rights of participation in trade between those two States, carried out by the conference which they would enjoy pursuant to Article 2 (4). The Conference shall examine and decide on any such request. If the members of the conference do not have such an agreement on the establishment of a pool or the modification of ship departure arrangements, the groups of national shipping lines of the States at both ends of the transport route shall have a majority of the votes when deciding to establish such a pool or the modification of ship departure arrangements. The case shall be decided no more than six months after the date of receipt of the request.
(14) In the event of disagreement between the national shipping services of the States at both ends of the transport route the trade of which is operated by the conference, those services may request that ship departure be adjusted within the conference so as to give those services the opportunity to properly enjoy the same rights of participation in trade between the two States provided by the conference as they would have enjoyed pursuant to Article 2 (4). If there are no national shipping lines in one of the States whose trade is served by conferences, the national or other State lines may submit the same request. The Conference will make the most of its efforts to comply with this request. However, if the request has not been granted, the competent authorities of the States may, at both ends of the transport route if they so wish, take matters and give their views to the parties concerned. If no agreement is reached, the contradiction will be discussed in accordance with the procedure laid down in this Code.
(15) Other sea lines which are members of the conference may also request that pool or ship departure agreements be established and their request shall be assessed by the Conference in accordance with the relevant provisions of this Code.
(16) The Conference shall ensure that appropriate measures are taken in each of its pool agreements in order to address cases where a member line has not taken over cargo for a reason, except where the cargo has been delivered late by the consignor. Such an agreement shall stipulate that a ship with a non-cleared space which may be used may board the cargo, even if it would be an extra load above the pool share of the line on the relevant transport route, if the cargo had not otherwise been boarded and the shipment would have been delayed longer than the time limit set by the conference.
(17) The provisions of Article 2 (1) to (16) inclusive shall apply to all goods, irrespective of their origin, destination or intended use, with the exception of military equipment intended for national defence purposes.
Procedure for decision-making
The decision-making procedure set out in the Conference Agreement shall be based on the principle of equality between all full-time member lines; This procedure shall ensure that voting rules are not an obstacle to the proper work of the Conference and the Trade Service and shall determine the matters in which decisions will be taken unanimously. However, a decision on matters defined in the conference agreement relating to trade between two States cannot be taken without the agreement of the two States' national shipping lines.
Penalties
(1) A sea line which is a member of a conference has the right - subject to the provisions concerning the speeches laid down in the pool systems and / or in the arrangements for participation in cargo - to secure, without penalising, its release from the terms of the conference agreement following the submission of a three-month notice, unless the conference agreement provides for another deadline, even if it is required to fulfil its obligations as a member of the conference until the date of its release.
(2) The Conference may, on the basis of a statement to be specified in the Conference Agreement, suspend membership or exclude a member for serious non-compliance with the provisions and conditions of the Conference Agreement.
(3) The exclusion or suspension of membership shall not take effect unless justified in writing and any dispute has been settled in accordance with the provisions of Title VI.
(4) When giving up membership or expulsion, the relevant line will be asked to pay its share of the outstanding financial commitments of the conference until the date on which it renounced membership or was excluded. In cases of renunciation, suspension or exclusion, the line shall not be discharged of its financial obligations under the conference agreement or any of its obligations towards the sender.
Custom order regulations
(1) The Conference shall establish and maintain an up-to-date and transparent list of procedures deemed to be non-compliance and / or non-compliance with the Conference Agreement and shall ensure its effective order-based mechanism in accordance with specific provisions requiring:
(a) the determination or differentiation of a fine for non-compliance or non-compliance shall be proportionate to their seriousness;
(b) that, at the request of a conference or other interested party, the statement on complaints and / or decisions made on complaints concerning non-compliance or non-compliance with the agreement be reviewed and that an impartial assessment by a natural or legal person is given without relation to any member of the conference's maritime route or to another interested party;
(c) to report on request on an action taken in connection with complaints concerning non-compliance or non-compliance with the agreement to the competent authorities of the States whose trade the conference serves and States whose shipping lines are members of that conference, on the basis of anonymity for the parties involved.
(2) Maritime lines and conferences are authorised to cooperate fully with consignors and consignors' organisations in their efforts to combat non-compliance and infringement of agreements.
Conference agreements
All conference agreements, pool agreements, the distribution of served ports, the number of departure ships, as well as any additions or other documents directly related to them and affecting such agreements shall be made available, upon request, to the competent authorities of the States whose trade is served by the Conference and to the States whose shipping lines are members of the Conference.
RELATIONS TO DEPARTMENTS
Loyalty arrangements
(1) The conference member shipping lines have the right to establish and maintain a loyalty arrangement with consignors whose form and conditions are the subject of consultations between the conference and the consignors' organisations or representatives. Such loyalty arrangements shall include provisions guaranteeing the rights of consignors and conference members. These arrangements shall be based on a contractual system or other system which is also legal.
(2) Whatever the agreed loyalty arrangements, the rate of carriage applicable to true shippers shall be determined within the limits of the fixed percentage differentiation of the rate of carriage used for other shippers. Where a change in the difference in rates results in an increase in rates charged to consignors, that change may be introduced only 150 days after the date of notification to those consignors or according to regional practice and / or agreement. The disputes arising from the change in the difference in rates are resolved in the manner set out in the loyalty arrangement.
(3) The conditions of the Loyalty Arrangements shall include guarantees expressly setting out the rights and obligations of the consignors and the member shipping lines of the Conference, inter alia, in accordance with the following provisions:
(a) The consignor shall be obliged, in respect of a cargo the embarkation of which is controlled by himself, or by his sister or associate or his consignor, in accordance with the terms of the purchase contract of the goods in question, provided that the consignor does not attempt to circumvent, cheat or by means of an intermediary to transport the cargo by other means in breach of his loyalty obligation.
(b) Where there is a loyalty contract, the extent of the actual or proven damage and / or fine shall be specified in detail in the contract. However, the conference members may decide to determine a lower level of compensation or to waive the right to compensation. However, in no case may the compensation to be paid by the consignor under the contract be higher than the transport costs of a particular consignment, calculated at the rate specified in the contract.
(c) The sender shall be entitled to restore fully his or her loyalty status, provided that he or she fulfils the conditions laid down in the Conference, which are detailed in the Loyalty Arrangement.
(d) The Loyalty Arrangement shall include:
(i) a list of costs which may include bulk costs of shipyards without marking or numbers which are separately excluded from the loyalty arrangement;
(ii) Determination of circumstances in which cargo other than that covered by subparagraph (i) is considered to be excluded from the framework of a loyalty arrangement;
(iii) the manner in which disputes arising from a loyalty arrangement are resolved;
(iv) The provisions relating to the termination of the loyalty arrangement without fine, either at the request of the consignor or the conference, after the expiry of the time limit laid down for the submission of the statement, the notice must be given in writing; and
(v) Conditions for waiver.
(4) Where there is a discrepancy between the conference and the consignors' organization, the representatives of the consignors or consignors regarding the form or conditions of the proposed loyalty arrangement, each party may refer the matter to a decision in the relevant proceedings in accordance with the provisions of this Code.
Exemption
(1) The Conference shall ensure, under the conditions of the Loyalty Arrangements, that requests from consignors for waiver of obligations are reviewed and decided promptly and, if requested, that the reasons for the request for waiver of obligations be given in writing. If the Conference does not confirm within the deadline set in the Loyalty Arrangement that it gives sufficient ship space to board the shipper's cargo within the period also specified in the Loyalty Arrangement, the shipper shall have the right to use any ship for the cargo in question, without penalising it.
(2) In ports where conference services are organised in such a way that they depend on the availability of the minimum minimum cargo (i.e. interest), but either the shipping line does not arrive at the port, even though the shippers have made a proper report, or the shipping line does not reply to the notification by the shipper at the time specified, the shippers shall have the right to use any available ships to transport their cargo without prejudice to their loyalty.
Availability of tariffs and associated conditions or regulations
The tariffs, associated conditions, regulations and any adjustments thereto shall be made available to consignors, consignors' organisations and other interested parties at a reasonable price and shall be available for consultation at the seagoing offices and their agents. They shall contain in full all conditions concerning the use of transport tariffs and the transport of all cargo contained therein.
Annual reports
The Conference shall report annually to the consignors' organisations or representatives of consignors on their activities intended to provide them with general information that is of interest to them, including relevant information on the consultations held with consignors or consignors' organisations on the measures taken in respect of complaints, changes in membership and important changes in services, tariffs and transport conditions. Such annual reports shall be submitted on request to the competent authorities of the States whose trade the relevant conference serves.
Advisory apparatus
(1) Conferences, consignors' organisations, representatives of consignors and, where feasible, consignors who may be designated for that purpose by the competent authority, if they so wish, shall be consulted on matters of common interest. Such consultations shall take place whenever one of the above parties so requests. The competent authorities have the right, if they ask, to participate fully in the deliberations, but this does not mean that they play a decision-making role.
(2) The following matters may, inter alia, be the subject of consultations:
(a) changes to the general tariff conditions and related adjustments;
(b) changes in the general level of tariff rates and rates for the main commodities;
(c) incentive and / or special transport rates;
(d) the storage and modification of the premiums;
(e) loyalty arrangements, their introduction or changes to their form and general conditions;
(f) changes in the tariff classification of ports;
(g) the procedure for submitting the necessary information to the consignor on the expected volume and nature of their costs; and
(h) the supply of cargo for transport and the requirements concerning the declaration of availability of cargo.
(3) To the extent that it falls within the sphere of activity of the conference, the following matters may also be discussed:
(a) cargo inspection services;
(b) changes in how the services are carried out;
(c) the effects of the introduction of new technology in the transport of cargo, in particular by the creation of larger units with the simultaneous reduction of normal services or the loss of direct services; and
(d) the adequacy and quality of maritime transport services, including the effects of pool agreements, the distribution of ports served and the number of departure ships to provide maritime transport services and the rates at which maritime transport services are provided; changes in the areas operated and in the regularity of raids by conference ships.
(4) The meetings shall take place before final decisions are taken, unless otherwise specified in this Code. A report on the intention to take a decision on the matters referred to in Article 11 (2) and (3) shall be given in advance. Where this is not possible, urgent decisions may be taken before the deliberations are held.
(5) The deliberations shall start without undue delay and in any event no later than the maximum time limit laid down in the conference agreement or, if the agreement does not contain such provisions, no later than 30 days after the adoption of the proposal for the holding of the deliberations, unless the time limits in this Code are different.
(6) When holding consultations, the Parties shall make every effort to provide relevant information in time to discuss and clarify matters in order to find a solution to the problems in question. Interested parties shall consider the views and problems of each of them and shall endeavour to reach an agreement consistent with their business opportunities.
TRANSPORT RATES
Principles for fixing transport tariffs
The following provisions shall be taken into account when deciding on tariff policy issues in all cases covered by this Code, unless otherwise specified:
(a) the transport rates shall be set at as low a level as is commercially possible and shall allow a reasonable profit for shipowners;
(b) the operating costs of conferences shall, as a general rule, be assessed as a cruise by ships, so that the journey in the direction there and in the direction back is considered as one whole. Where applicable, the journey to and from there is assessed separately. The transport rates should take into account, among other factors, the nature of the costs, the relative relationship between the weight and the size of the costs and the value of the costs;
(c) when setting incentive tariffs and / or special rates for certain goods, account shall be taken of the conditions for trade in such goods in the States to which the conference serves, in particular in developing and inland States.
Conference tariffs and tariff classification
(1) Conference tariffs will not unfairly distinguish between consignors of a similar position. The sea lines that are members of the conference will strictly comply with the rates, rules and conditions set out in the tariffs or other normally published documents of the conference and any specific arrangements permitted by this Code.
(2) Conference tariffs should be drawn up in a simple and clear manner and should contain as few classes / categories as possible, according to the specific requirements of trade, and specify the transport rate for each type of goods and, where appropriate, for each class / category; they should also indicate, whenever practicable - in order to facilitate statistical processing and analysis, the relevant corresponding code number of the item according to the Standing International Trade Classification, the Brussels tariff nomenclature or any other nomenclature that may be accepted internationally; the classification of goods in tariffs should be prepared, where practicable, in cooperation with consignors' organisations or other participating national or international organisations.
General increase in transport rates
(1) The Conference shall, within a period of no less than 150 days, or according to regional practice and / or agreement, notify the consignors' organisations or representatives of consignors and / or consignors and, where required, the competent authorities of the States whose trade the conference serves, its intention to make a general increase in the transport rates, indicating its scope, the date of entry into force and the reasons for the proposed increase.
(2) A request from any party designated for that purpose in this Code, to be submitted within the agreed period following receipt of this notification, shall be initiated in accordance with the relevant provisions of this Code, within a specified time limit not exceeding 30 days, or within a period previously agreed between the relevant parties; meetings will be held on the basis and amount of the proposed increase and on the date from which the increase is to take effect.
(3) The Conference, in an effort to speed up the consultations, may, or at the request of any party listed in this Code as a party entitled to participate in consultations on the general increase in transport rates, submit, where possible, a report drawn up by independent accounting experts, including an overall analysis of the data relating to the relevant expenditure and revenue, which, in the view of the Conference, necessitates an increase in the transport rates, to the parties concerned within a reasonable time before the start of the consultations, provided that such analysis is accepted by the Party requesting it as one of the basis for the consultations.
(4) Where consultations result in an agreement being reached, the increase in transport rates shall take effect from the date indicated in the notification submitted pursuant to Article 14 (1), unless a later date has been agreed between the parties concerned.
(5) If no agreement is reached within 30 days of the submission of the notification referred to in Article 14 (1) and while maintaining the procedure laid down in this Code, the matter shall be referred immediately to the mandatory international conciliation procedure, as provided for in Title VI, on the recommendation of the arbitration arbitrators, if adopted by the parties involved, and shall be implemented, subject to Article 14 (9), with effect from the date set out in the recommendation of the arbitration panel.
(6) Subject to the provisions of Article 14 (9), a general increase in transport rates may be carried out by the Conference before the recommendation of the arbitration panel is made. In issuing their recommendations, the arbitration panel shall take into account the scope of the above-mentioned increase made by the Conference and the period during which it was in force. If the Conference rejects the recommendation of the Conciliation Arbitrators, the consignors and / or the consignors' organisations shall have the right not to be considered bound, after duly notified, by any arrangement or other contract with that Conference preventing them from using non-conference shipping lines. Where there is a loyalty arrangement, the consignors and / or the consignors' organisations shall give notice within 30 days, with the effect that they no longer feel bound by that arrangement, which shall apply from the date specified therein, and for this purpose a period not less than 30 days but not more than 90 days shall be set in the loyalty arrangement.
(7) A delayed rabble, which is the responsibility of the consignor and which has already been established at the conference, must not be detained by the conference or forfeited for its benefit as a result of the behaviour of the consignor in accordance with Article 14 (6).
(8) Where the trade of a State provided by sea lines which are members of a conference consists of a particular route mainly of one or more basic goods, any increase in the transport rate for one or more of those goods shall be considered as a general increase in the transport rate and shall be subject to the relevant provisions of this Code.
(9) The Conference shall introduce a general increase in transport rates, effective under the provisions laid down in this Code, for a minimum duration, always in accordance with the rules relating to increases and adjustments in transport rates due to fluctuations in foreign exchange rates. The period for which the general increase in transport rates is to be used shall be an appropriate consideration during the consultations held pursuant to Article 14 (2), but, unless otherwise agreed between the parties concerned, the minimum period of time between the date on which one general increase in transport rates became effective and the date on which a further general increase in transport rates within the meaning of Article 14 (1) was notified shall not be less than 10 months.
Incentive transport rates
(1) Conferences are to establish incentive rates for non-traditional exports.
(2) Any necessary and appropriate information justifying the need for an incentive transport rate shall be submitted to the Conference by the consignors, consignors' organisations or representatives of participating consignors.
(3) A special procedure will be established to provide for decisions on requests for an incentive transport rate within 30 days of the date of receipt of this information, unless otherwise agreed between them. A clear distinction will be made between this procedure and the general procedure to assess the possibilities of reducing the rates of transport to other goods or to exempt them from the increase.
(4) Information concerning the procedure for examining requests for incentive tariffs will be made available by the Conference to consignors and / or consignors' organisations and, upon request, to governments and / or other competent authorities of the States whose trade the conference serves.
(5) The incentive rate shall normally be established for a period of 12 months, unless otherwise agreed between the parties concerned. Before the expiry of that period, the incentive rate shall be revised at the request of the consignor and / or the shipper organisation concerned, and it shall be for the shipper and / or shipper organisation to demonstrate to the Conference, upon request, that the further validity of the rate above the original period is justified.
(6) In examining the request for an incentive rate, the Conference may take into account that, even if the rate is to support the export of the non-traditional product for which it is requested, it is unlikely to create a significant distortion of competition in exports of similar products from another State to which the Conference serves.
(7) Incentive transport rates are not exempted from the premium on transport or from the introduction of a monetary adjustment coefficient within the meaning of Articles 16 and 17.
(8) Any sea line which is a member of a conference serving the ports concerned in the transport operations carried out by that conference shall accept and without justification refuse a fair share of the costs for which the conference provided for an incentive transport rate.
Increases
(1) The allowances for transport imposed by conferences to cover sudden or exceptional increases in expenditure or reductions in revenue shall be considered temporary. They shall be reduced in accordance with the improvement of the situation or circumstances to be faced with by their introduction and shall be abolished, subject to the provisions of Article 16 (6), as soon as the situation or circumstances giving rise to their introduction cease. This shall be indicated at the time of their introduction and, where possible, at the same time as a description of the change in the situation or circumstances which will trigger their increase, reduction or cancellation.
(2) Increases introduced on cargo transported to or from a port shall also be considered temporary and shall also be increased, reduced or cancelled, subject to the provisions of Article 16 (6) when the situation in that port changes.
(3) Before any premium is introduced, whether general or for a particular port, a report is to be submitted and, on request, a consultation will be held in accordance with the rules of procedure laid down in this Code between the relevant conference and other parties directly affected by the premium and entitled to participate in such consultations within the meaning of the provisions of this Code, except in exceptional circumstances which justify the immediate introduction of such a premium. In cases where the premium has been introduced without prior consultation, meetings will be held on request as soon as possible. Before such consultations are held, the Conference shall provide information which it considers would justify the introduction of a premium.
(4) Unless otherwise agreed by the Parties, unless, within a 15-day period following receipt of a notification made pursuant to Article 16 (3), the agreement referred to in this Article on the issue of the premium is reached between the parties concerned, the relevant provisions contained in this Code shall apply to the resolution of the discrepancies. If the parties concerned do not agree otherwise, a premium may be imposed before the decision of the dispute, provided that the matter at issue remains undecided at the end of the 30-day period following receipt of the above notification.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 30 / 1986 Coll., on the Convention on the Code of Conduct for Liner Conferences |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1986 |
|---|---|
| Effective from | 06.10.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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