The Republic of Latvia Cabinet of Ministers Regulations No. 50 in 2001 Riga 6 February (pr. Nr. 6, 8. §) rules for the shipping agreement release from competition law agreement bans issued under the Competition Act, article 15, paragraph 1 of the fourth part of the i. General questions 1. terms used in the rules: 1. the Consortium — an Association of liner that has two or more operators of vessels, which provide international liner shipping services exclusively for the carriage of cargo on a particular route, to cooperate in maritime transport services in the provision of common (except pricing) to improve the quality of their services, with each of the individual members of the Consortium will be given separately;
1.2. the consortium agreement — two or more operators of vessels which provide international liner shipping services exclusively for the carriage of cargo on a particular route, to cooperate in maritime transport services in the provision of common (excluding prices), thus improving the quality of services, with each of the individual members of the Consortium will be given separately;
1.3. liner — the type of service, in accordance with the sailing schedule includes regular carriage of goods in a particular route or routes between ports and is available for a fee to any transport user;
1.4. the liner — legal persons carrying out the liner;
1.5. the liner conference — an Association of liner which acts on the basis of the contract concluded between and offers international freight liner in a particular route, the application of the mutual contractual freight rates and other conditions;
1.6. transport users: 1.6.1. any person (for example, a marine carrier, shipper, forwarder) which are brought into or expressed the intention to enter into agreements with the Consortium (or one of its members) to send the shipment;
1.6.2. the shipping of any association.
2. These rules are determined by the individual to the shipping arrangements, which are exempt from competition law article 15, first paragraph, the prohibition laid down in the agreement pursuant to article 15 of the Act in the second part, if they meet the requirements laid down in these provisions. Such agreement is permitted without notification to the competition Council.
3. these rules apply to international liner trades, which are made from or to the Latvian port. These provisions do not apply to non-scheduled cargo transportation by sea.
II. Technical Treaty exemption from the prohibition of agreements 4. understanding the prohibition does not apply if the agreement only purpose and effect of transport technical improvements or cooperation of marine carriers in the following areas: 4.1 a single maritime transport (it equipment, supplies or fixed installations) and the introduction of standard type or use;
4.2. the ship, board rooms, or guļlaik, of other modes of transport, personnel, equipment or fixed installations or common use, providing transport services;
4.3. with the agreement of the main activities closely related to maritime transport and the organisation of additional operations and these operations related to cargo price fixing or application of terms and conditions;
4.4. the related shipping route schedule coordination;
4.5. the merger of certain goods;
4.6. provisions for transport of single tariff structure and their conditions of application development, or.
III. The liner conference participants agreed the ban exemption 5. understanding the prohibition does not apply if the agreement on fixed rates and freight provisions entered into some or all of one or more liner conferences participants and possibly agreements contain one or more of the following objectives: 5.1. shipping list, leaving the port and date of entry in port coordination;
5.2. the departure from the port and the port of entry frequency;
5.3. the departure from the port and the port of entry or reconciliation between liner conference members;
5.4. each liner conference of kravasspēj control;
5.5. load and income distribution between liner conference members.
6. to be valid, this provision provided for in paragraph 5, the exemption is subject to the following minimum conditions: 6.1. liner and transport users consult on cargo prices, conditions and quality. Consultations shall take place as soon as the requested Party;
6.2. the liner conference members have the right to conclude with an agreement on the cooperation of the users;
6.3. transport users free to choose companies that provide domestic transportation and dock services, which are not included in the charge for the carriage of goods by sea and transport users and the liner is not agreed upon;
6.4. the tariffs and other conditions are available and verifiable at the request of the users of transport;
6.5. the arbitral decisions and recommendations to be submitted to the conciliator of the competition Council.
7. understanding the prohibition does not apply if the agreement on the liner prices, conditions and the quality of the contracted transport users and the liner conference or between transport users and if it is concluded in accordance with the provisions of section 6.1 and 6.2.
IV. exemption of the consortium agreement agreement agreement of prohibition 8. the prohibition shall not apply where the marine carrier is entered into a consortium agreement.
9. paragraph 8 of these regulations specified in the exemption applies only in relation to the agreement: 9.1. common liner that is closed, and only to: 9.1.1. coherent and/or determine the shipping schedule and list of ports visited;
9.1.2. change or sell cargo space or to make mutual charters;
9.1.3. share and/or port facilities;
9.1.4. the use of one or more joint operations offices;
9.1.5. ensure that ships with containers, chassis and other equipment and/or conclusion of the equipment rental, leasing or purchase contract;
9.1.6. the use of the electronic data exchange system and/or joint documentation system;
9.2. temporary power;
9.3. port terminal and the common use of the services (such as lighterage or stevedoring services);
9.4. participation in one or more processes in which maritime carriers providing services combines the tonnage, as well as combined income or net revenue;
9.5. a joint Consortium for voting rights liner conference within which its members operate, in cases where a joint voice refers to the Consortium's activities.
9.6. joint marketing structure and/or the issue of a joint consignment;
9.7. any other ancillary activities, which are necessary for these regulations 9.1, 9.2, 9.3, 9.4, 9.5 and 9.6. activities referred to in point.
10. This provision, the exemption provided for in paragraph 8 does not apply to the consortium agreement, which provides for the use of existing capacities, and its consortium members who work within the Consortium, refrain from using a certain number of vessel kravasspēj.
11. This provision, the exemption provided for in point 8 shall apply only in cases where those provisions are complied with the conditions laid down in point 12, as well as one of the conditions referred to in this paragraph shall: 11.1 is effective price competition between the members of liner conferences, which operates within the framework of the Consortium;
11.2. the liner conference within which the Consortium operates, some level effective liner conference competition for services, so that the liner conferences in the consortium agreement is specifically authorized to offer the same set of rules for the provision of services (not taking into account the nature of the service), which apply to maritime transport services provided by frequency and quality, as well as the ability to adjust at any time the services offered transport to the specific requirements of users;
11.3. without regard to whether the liner conference operating in the sector concerned, the consortium members are subject to effective existing or emerging competition in the liner, which are not members of the Consortium.
12. This provision, the exemption provided for in paragraph 8 applies, if in addition to these regulations, or 11.2 11.3 11.1. the condition laid down in compliance with the following conditions: 12.1 Consortium in less than 30% of the relevant market for the ports, which it serves (the market share calculation, taking into account the quantity of the goods transported), where a consortium operates within liner conferences, and less than 35% when it operates outside the liner conferences;
12.2. these terms 12.1. market shares referred to in two consecutive calendar years will increase by no more than one tenth;

12.3. If one of these rules 12.1 and 12.2. the quantitative limits referred to in that provision have increased, in particular paragraph 8 applies the exemption for a period of six months after the end of the calendar year in which this limit is increased. The exemption period may be extended to 12 months if the limit is increased because of the activity in the sector concerned is logged off one of the carriers, who is not a member of the Consortium;
12.4. the Consortium allows each participant in the offer, on the basis of an individual contract, its own service types;
12.5. consortium agreement includes its members the right to withdraw from the consortium without penalties. These rights apply to cases, if a member of the consortium of the intention to withdraw from the Consortium notified no later than six months beforehand. That term is applicable, if the date of entry into force of the agreement have passed not less than 18 months;
12.6. If the Consortium operates a joint marketing structure, each Member of the Consortium is the possibility of sanctions, without penalty, to engage in independent marketing, subject to compliance with a maximum notice of such intention to the delivery period shall, not less than six months.
13. Exemption from prohibition to the arrangement in respect of this provision in paragraph 8 of this agreement also apply to consortia whose market share exceeds this provision in subparagraph 12.1. limit, but not more than 50% of total market volume. The exemption applies, subject to the condition that, in accordance with the Cabinet of Ministers of February 3 Regulation No 37 "the coming in force of the agreement between market participants" on the contracts in question are notified to the competition Council and the competition Council six months does not oppose such exemption.
14. to be valid, this provision provided for in point 8 of the exemption shall be subject to the following minimum conditions: 14.1. consultations between transport users or their representative organisations, on the one hand, and the Consortium, on the other hand. Consultations shall take place as soon as the requested Party;
14.2. the arbitration and the arbitration award, the conciliator's recommendations and other pre-trial dispute resolution procedure decisions (which is accepted by both parties and which settle disputes concerning these rules determine the operating practices of consortia) must immediately be sent to the competition Council;
14.3. the consortium that wants to get an exemption from these provisions of the agreement provided for the exclusion, the competition Council, specified period of time (depending on each individual case, but not less than one month) at the request of the competition Council shows that the conditions referred to in these provisions exists and relevant requirements are met, as well as the relevant contract;
14.4. for information on the conditions for the Consortium and its members provided transport services (including information about the conditions relating to the quality of services and the most important modifications) to the users of the services provided, at their request and on a reasonable price. For inspection purposes, this information is available free of charge to members of the Consortium or by the Consortium and its agents.
15. understanding the prohibition does not apply if the transport users or their representative organisations, on the one hand, and the Consortium, which in accordance with paragraph 8 of these regulations is exempted, on the other hand, have concluded an agreement on the Consortium supplied liner terms, quality and other general services to these issues and if it contracted in accordance with the provisions of section 14.1.
V. concluding questions 16. This provision 5., 7., 8., and the exemption provided for in point 15 of the agreement the ban apply only if the agreement does not adversely affect individual ports, transport users or carriers, identifying the same goods transport rates and conditions depending on their country of origin or the country to which the goods are sent or transported goods, or depending on the loading or unloading of cargo at the port of except if it is economically justified.
17. If the contract (it) does not comply with the provisions of paragraph 16 of these conditions, it is void from the moment of conclusion of the contract.
18. The participants in the arrangement no later than 10 days before that rule 6.1 and 14.1 in these consultations informed them of the Ministry of transport, indicating the consultation topic and location. The consultation is open to authorised representatives of the Ministry of transport.
19. the full report of this rule 6.1 and 14.1 in consultation the participants listed in the month after this consultation shall provide the Ministry of transport and the competition Council.
20. The competition Council is empowered to prohibit the application of the exemption from the prohibition on agreements, where the marine carrier agreement compliance with competition law in article 15 of the conditions of the second subparagraph, particularly where: 20.1. outside the liner conferences in the framework of which the Consortium operates or from outside a particular Consortium is not effective in the field of competition;
20.2. the Consortium is not able to perform again in paragraph 14.4. obligations.
Prime Minister a. SMITH Minister of Economy a. Halloween rules shall enter into force on 10 February 2001,