General
section 1 of this Act shall apply to the liner shipping carried out by
liner conferences in the trade between those States that are connected to the
in Geneva on 6 april 1974 completed the Convention on a code of conduct
for liner shipping conferences.
section 2 of the Cape. I-V, as well as cutting. WE art. 23-25, 26 (2), 27, 29, 31-38 and 40-45 in
Convers
entionen, in its English text shall apply as Swedish law, if
nothing else is shown by the following. English text of the Convention
together with a Swedish translation is set out in the annex to this law.
The Government is fulfilling the tasks under the Convention
is the responsibility of the competent authority, unless otherwise provided for in this
team.
The following provisions shall apply for the purposes of
the Convention and Council Regulation (EEC) No 954/79 of 15
May 1979 on Member States ' ratification of, or accession to, the
The United Nations Convention on a code of conduct for
liner conferences. Law (1994:1795).
3 § has repealed by the Act (1994:1795).
4 section is repealed by the Act (1994:1795).
5 § has repealed by Act (1994:1795).
The invalidity
paragraph 6 of the terms and conditions of the Conference agreement does not meet the requirements of
Convention may be declared invalid in so far as it is contrary to
Convention. The same applies in the case of conditions in contracts for
market share and in the loyalty agreement. Has the condition such
importance to the agreement that there is no reasonably may require this in
the rest shall be valid with unchanged content, get the agreement in its entirety
be disregarded.
Jurisdiction, etc.
section 7 claims concerning the application of the provisions of
Convention or otherwise related to the legal conditions
regulated in Council Regulation (EEC) No 954/79 or in this Act may
be sued in American Court
(a)) if it comes to a conference serving Swedish foreign trade,
b) If an action is directed at someone who is domiciled here in the Kingdom,
c) If an action is directed against anyone on the basis of the agreement shall respond here,
d) where proceedings are directed against anyone with respect to the
connection to the Swedish conditions should respond here.
An action may be rejected if the dispute because of connection to another
State or the circumstances are not such as to
be decided here.
A claim based on a legal relationship which is regulated in
the Convention is barred, if an action is not brought within two years
After the claim arose. In the meantime, such
the conciliation procedure provided for in the Cape. WE in the Convention under way,
the claim becomes time-barred six months after the procedure
terminated, unless the limitation period occurs later in
tvåårsregeln. Terms of action other than monetary claim count time
from the time the fact occurred that the claim relating
to. Law (1994:1795).
section 8 Regarding such negotiations as set out in the Cape. WE in the Convention
case
(a)) to the Conference and organization of shippers can be a party,
(b)) that a notice to a liner conference or an organization
the shipper shall be deemed to be notice to each Member of a
such Conference or avlastarorganisation,
(c)) that intelligence to a liner conference or an organization of
shippers must be sent to the address of the Conference or may provide support for the
the Organization's head office,
(d)) that, if the liner conference or avlastarorganisationen failed
to register the address or has no head office, the intelligence
to any of the members shall be deemed to constitute notification
to the Conference or avlastarorganisationen.
9 § Objectives regarding the dispute referred to in section 7 shall be declared dormant, if
a) dispute concerns a matter which is the subject of international
the conciliation procedure in accordance with the provisions of the Cape. WE in the Convention,
(b)) the dispute has not been the subject of international
the conciliation procedure of the specified kind and one of the Parties requests the
the dispute shall be referred to such a procedure.
Have a goal declared dormant within the meaning of the first subparagraph, the
återupptagas when the conciliation proceedings have terminated without
conciliation is reached or it appears that the issue of conciliation otherwise has
expired.
section 10 of the Goals under the examined by the district court competent under 21
Cape. 1 and 2 of the maritime Act (1994:1009). Are not authorized
Lake ought to be Chair, the action may be brought before the Stockholm District Court.
Law (1994:1025).
Enforcement of the recommendation after international mediation
section 11 of the recommendation issued by a conciliation procedure
According to the Cape. WE in the Convention applies here in the realm between parties
approved it, unless the party against whom the recommendation be invoked
shows,
(a)) to any of the Parties approved the recommendation was not
competent to it,
(b)) that unlawfully coercion or deceit, spreading influence by
the advent of the recommendation, or
(c)) that the appointment of conciliation the men or the conciliation procedure
been in breach of the provisions of the Convention.
A recommendation does not apply, if it is incompatible with
public policy here in the Kingdom.
If any of the circumstances referred to in the first and second subparagraphs
exists in respect of only part of the recommendation, it shall
apply the remaining parts, if they can be distinguished.
section 12 of the application for a recommendation to be explained
enforceable is made to the District Court that the Government
provides. The recommendation shall be submitted in original or in
certified copy. If a document in the case is not written in
Swedish, Danish or Norwegian, is also a certified
translation into Swedish of the document be filed.
If a recommendation is declared enforceable, implemented
the recommendation in the same way as a judgment has been Cook
force.
In the Court of a case
enforceability shall apply in all other respects, the law
(1996:242) about court cases. Law (2014:923).
Transitional provisions
1994:1795
This law shall enter into force at the same time as the Act (1994:1500) with
reason of Sweden to the European Union. The law of
his older version shall, however, continue to apply to conditions
relating to the period prior to the entry into force.
2014:923
1. This law shall enter into force on 10 January 2015.
2. Older rules applicable to proceedings in the Court of appeal
and the Supreme Court cases that have commenced in the Court of appeal
before the entry into force.
Annex
Convention on a code of conduct for liner conferences
PURPOSES AND PRINCIPLES
The Contracting Parties to this Convention,
Desiring to improve the liner conference system,
Recognizing the need for a code of conduct for liner conferences, which wins the
General international recognition,
Taking into account the developing countries ' special needs and problems
relation to the activities of conferences serving their
external trade,
As agreed to in code to express the following main objectives and
basic principles:
(a)) the promoting the orderly development of the seaborne
world trade;
b) aims to stimulate the development of regular and effective
regular services that correspond to the current trade needs;
(c)) aim to ensure a balance between interests that offer and that
use line maritime traffic;
(d) to conduct conferences) the principle must not mean any
discrimination of ship owners, shippers or any country's foreign trade;
(e)) the principle that conferences hold meaningful consultations with
avlastarorganisationer, with representatives of shippers and with
shippers in matters of common interest, involving relevant
authorities if they so request;
f) the principle that conferences should provide interested parties
appropriate information on their activities relevant to these and
should publish relevant information about their activities,
Have agreed upon the following:
PART ONE
CHAPTER 1
DEFINITIONS
Liner conference or Conference
A group of two or more vessel-operating carriers, providing
international liner services for the carriage of cargo on a particular route or
some routes within specified geographical limits and which has an agreement
or an arrangement, of what nature it be taken if, in the context of
which perform transport with uniform or common freight scheme
and any other agreed conditions with respect to the provision
as a regular service.
National shipping line
A national shipping line in a given country is a shipping company, which has
its headquarters and actual management in the country and is recognized
as such by the competent authority or under its
team.
Liner shipping companies belonging to and run by a company, with joint
risk-taking between members of two or more countries and in whose
national capital interests in these countries-General and/or
individual-has a significant stake, which has its head office and
actual management in one of these countries, can be recognised as a
national shipping line by the competent authorities of these countries.
Third-country shipping line
A shipping company when it operates two countries and is not nationally
shipping line in one of these countries.
Shippers
Natural or legal persons that have entered or gives notice of a
intention to enter into a contractual or other arrangement with the
a conference or shipping line for the carriage of goods in which he
has a beneficial interest.
Avlastarorganisation
An association or similar organization that promotes, represents
and protect avlastares interests and who is recognized as such by
the competent authority or authorities-if they find it desirable-in
the country whose shippers it represents.
Cargo carried by the Conference
Cargo carried by shipping lines which are members of a
Conference in accordance with the agreement.
"Competent authority"
A Government or an agency of Government or national
legislation designated to perform the functions that the provisions
in this code, the ålägges authority.
Promotion shipping
A bill drawn up to promote the transport of
non-traditional exports from the country concerned.
Special shipping
A preferential freight, other than promoting shipping, which may be agreed
between the parties concerned.
CHAPTER II
RELATIONS BETWEEN THE CONFERENCE MEMBERS
Article 1
MEMBERSHIP
1. Each national shipping line shall have the right to be a full
a member of a conference serving the country's foreign trade, the
provided the selected method meets the conditions set out in article 1,
point 2. Shipping lines which are not national shipping lines in any
part of the trade that is served by the Conference shall have the right to be
full members of such a Conference on the condition that the
meets the criteria set out in article 1, paragraph 2 and 3, and with
compliance with cargo Division referred to in article 2
as regards third-country shipping lines.
2. A shipping line applying for membership in a Conference to be
prove his ability and intention-as, provided that
the provisions of this paragraph are complied with, may include the use
of Chartered tonnage-to operate a regular, appropriate and effective
traffic for longer periods of time within the framework of the Conference and in accordance
with the Conference agreement; line the company shall undertake to comply with the
all conference agreement terms and conditions and shall-if
Conference agreement requires the-deposit a guarantee amount to cover
any outstanding financial obligation in the event of later seceded,
suspension or expulsion from membership.
3. for the processing of an application for membership from a shipping line
who is not a national shipping line in any part of the trade that
served by the Conference concerned, shall take into account, in addition to
the provisions of article 1, paragraph 2-among others. the following criteria:
(a)) the existing scope of trade and its ökningspotential on
the route or routes served by the Conference;
(b)) for the tonnagets adequacy of existing and future
the volume of trade on the route or routes served by
Conference;
(c)) the power line company's entry in the Conference can be adopted have on
Conference transport efficiency and quality;
d) line the company's current market share on the same route or routes
outside the framework of a Conference; and
e) line the owner's current participation in the same route or routes within
the context of another Conference.
The above criteria shall not be used in such a way as to prevent
the application of the provisions relating to market shares referred to in
Article 2.
4. an application for membership or for renewal of membership shall
be treated as a matter of urgency and the Conference shall communicate to the applicant the decision
as a matter of urgency, and in no case later than six months from
the date of the application. If a shipping line may be denied membership or renewal
Conference membership while writing set the foundations of
the postponement.
5. for the processing of membership applications, Conference to consider
the views expressed by shippers and avlastarorganisationer in
the countries whose trade is carried by the Conference as well as to
the views of the competent authorities, if they so request.
6. in addition to the criteria for membership as set out in article 1, paragraph 2,
a shipping line, applicants for renewal of membership, also provide
evidence that it has complied with its obligations under article 4,
paragraphs 1 and 4. Conference may make a special report on
circumstances when line shipping company left the Conference.
Article 2
MARKET SHARE
1. Each line shipping company, which granted membership in a Conference shall have
departure and loading rights in the traffic Conference
serve.
2. If a Conference operates a pool, all liner shipping companies, which are
members of the Conference serving the traffic covered by
the pool, be entitled to participate in the pool.
3. For the purposes of determining what proportion of the traffic that the member lines
shall have the right to obtain, national shipping companies-regardless of
their number-in each country is considered as a single group of shipping lines
for that country.
4. For the purpose of determining the share of traffic within a pool
individual Member companies and/or groups of national
liner shipping companies in accordance with article 2, punk 2, the following
policies regarding their right to share in the market of Conference
rendered services are respected, unless otherwise mutually agreed upon:
(a)) the national group of shipping lines from each of the two
countries where foreign trade between them is carried by the Conference
shall be entitled to equal share in the shipping and transport volume
generated by their mutual foreign trade and managed by
Conference;
(b) third-country shipping lines), where they are participating in the Conference, the
have the right to achieve a significant percentage, such as 20%, in the shipping and the
transport volumes pertaining to this trade.
5. If, in one of the countries whose trade is served by the Conference
There are no national shipping lines involved in the transport of
This trade, the share of traffic to which this country
national shipping line would be eligible within the meaning of article 2,
paragraph 4, is allocated to the individual member lines participating in the
traffic in proportion to their respective market shares.
6. If a country's national shipping lines decide not to use
the whole of his share in the traffic, the part of their share in the traffic
they do not make use of distributed among the individual shipping lines in
the Conference involved in proportion to their respective
shares.
7. If the national shipping lines of the countries concerned do not participate in
the traffic between these countries covered by a Conference, the
share in traffic between those countries which are transported by
the Conference assigned to shipping lines in the Conference from third-countries
through commercial negotiations between these lines.
8. National shipping lines in a Conference from a region in the beginning
or at the end of the Conference service relationship may by mutual
agreement to redistribute among themselves the shares in traffic
allocated to them, in accordance with article 2, paragraph 4-7.
9. Subject to the provisions of article 2, paragraph 4-8, regarding
individual line operators or groups of operators in line units
traffic is observed, the pool or traffic share agreements be seen
over periodically by Conference at intervals as shall be
established in these agreements and in accordance with the criteria
shall be specified in the Conference agreement.
10. the application of this article shall begin as soon as possible
After the entry into force of this Convention and shall be completed within
a transitional period, under no circumstances exceed two years,
taking into account the specific situation in each of the
current traffic relations.
11. Shipping lines members of a Conference shall be entitled to
use chartered vessels to comply with its obligations
the Conference.
12. the criteria for allocating and auditing of shares referred to in
Article 2, paragraphs 1 to 11 shall apply in the-in the absence of a
pool-exist agreements on entry into, departure and/or any other form of
agreement on cargo allocation.
13. Where the agreement on pool, entry into, departure or other
market Division exists within a Conference, each group of
national shipping lines which are members of the Conference request
poolöverenskommelser shall be entered in respect of traffic between
their countries covered by the Conference, in accordance with
the provisions of article 2, paragraph 4; or they can alternatively request
the number of departures shall be adapted so that they ensure the ability
for these lines to enjoy substantially the same rights to
market share of conference services between these two countries, as the
would have enjoyed under the provisions of article 2, paragraph 4. Each
such a request shall be examined and decided by the Conference. If it is not
between the members of the Conference reached agreement on
the establishment of any such pool or regulating the number of rotations,
should groups of national shipping lines of the countries at the beginning and
end of the road the relationship be able to by majority vote
decide on the establishment of such a pool or on the regulation of the number of
departures. This question shall be settled within a period not
exceeding six months from the receipt of the request.
14. In the event of disagreement between the national shipping lines of
countries at the beginning or at the end of the service relationship that is served by
the Conference as to whether a pool is inserted or not,
can they demand regulation within the framework of the Conference the number of sailings so,
to ensure the opportunity for these lines to enjoy
substantially the same rights to market share of conference services
between these two countries, as they would have enjoyed under the
the provisions of article 2, paragraph 4. In the event that there is no
some national shipping lines in one of the countries whose trade
served by the Conference, the other country's national shipping line
or shipping lines make the same request. The Conference shall make every
to accommodate this request. If, however, this
the request is not met, the competent authorities in the countries of
the beginning and end of the traffic relation raise the subject if they wish
and tillkännege its comments to the interested parties for their
consideration. If no agreement is reached, the dispute shall be decided in
in accordance with the procedure laid down in this code.
15. Other shipping lines members of a Conference can also
request inclusion of agreement on the swimming pool or the regulation of the number of
departures, and the request shall be dealt with by the Conference in accordance
with the applicable provisions of this code.
16. the Conference shall ensure that each poolavtal within the Conference
Specifies the appropriate measures in the event of a shipping line in
the Conference rejects the cargo of any other reason than to shipper
provides goods too late. Such an agreement shall indicate that a
ships with unposted space, which you can use, are allowed to carry
the load even if the line the company's market share in the pool are exceeded,
If the load otherwise not be consigned or be delayed longer than one of
the Conference specified period.
17. the provisions of article 2, paragraphs 1, 2 and 16, apply to all articles, regardless of
their origin, their destination or the use for which the
referred to, with the exception of military equipment for the national
defence purposes.
Article 3
CHAIN of COMMAND
The chain of command as cenference agreements shall be based on
the principle of full equality of all its members; This order shall
ensure that the voting rules do not prevent the orderly business of
Conference and in the trade it serves, and shall specify the issues
What must be decided unanimously. However, a decision in matters
specified in the Conference agreement concerning trade between two
countries should not be taken without the consent of the national shipping lines of
These two countries.
Article 4
SANCTIONS
1. A shipping line that is Conference Member shall be entitled to-
having regard to the provisions on withdrawal contained in poolavtal
and/or in agreements on cargo sharing-without incurring penalty free
from meeting its terms after three months of termination, if
the Conference agreement does not set a different time period; line shipping company
shall, however, be obliged to forward to the date of its withdrawal
carry out his duties as a Conference member.
2. The Conference shall, after notice, according to rules that must be
specified in the Conference agreement, suspend or expel a member who
showing serious deficiencies in meeting the Conference its terms.
3. No expulsion or suspension shall be made until
written notice of the reasons for this reason has been given and any dispute
disposed of as specified in chapter VI.
4. After the withdrawal or exclusion shall be the relevant shipping line
obliged to pay their share of the Conference's outstanding financial
obligations up to date for their withdrawal or exclusion. In
the event of withdrawal, suspension or expulsion, the line shipping company
not be exonerated from their own financial obligations under
the Conference agreement or from any of its obligations vis-à-vis
shippers.
Article 5
CUSTOM CONTROL
1. The Conference shall adopt and keep up to date a factual
list, which should be as wide as possible, on documents
considered as abuse and/or violation of the Conference agreement, and
shall examine them provide effective
own control system with special provisions that require;
(a)) the determination of penalty or strafflatituder-related
to the level of difficulty-for abuse or crime;
b) examination and impartial review at the request of the Conference
or other interested party, by the person or body is unbound in
relation to the shipping lines which are members of the Conference and
their subsidiaries, the settlement of complaints and/or decision with
following the complaint regarding the abuse or crime;
c) reporting, on request, on measures taken following complaints against
abuse and/or crimes, and on the basis of anonymity to interested
Parties, to the competent authorities of the countries whose trade is served
of the Conference and in the countries whose shipping lines are members of
the Conference.
2. Shipping companies and conferences are entitled to full cooperation
from shippers and avlastarorganistioner in their fight against abuse and
crime.
Article 6
CONFERENCE AGREEMENT
All Conference agreements, contracts for the pools and on the rights to the entry and
departures and changes to such agreements, or other documents, as
directly related to the agreements and affects them, shall, at the request
be submitted to the competent authorities of the countries whose trade is served by
the Conference and the countries whose shipping lines are members of
the Conference.
CHAPTER III
RELATION TO SHIPPERS
Article 7
LOYALTY ARRANGEMENTS
1. The shipping lines that are Conference members have the right to establish
and maintain loyalty arrangements with shippers, whose form and
content shall be the subject of consultation between the Conference
and avlastarorganisationer or representatives of shippers. These
loyalty arrangements shall ensure that the avlastarnas
and Conference members ' rights. These arrangements shall be based
on the contract system or any other system which is also
legally.
2. Regardless of the loyalty contracts than meet, the shipping
applicable to loyal shippers shall be established within a certain
percent area of the shipping applied to other shippers. When a
change of discount rates, causes an increase in the shipping which
charged shippers, the change can be applied only after 150 days
notice to those shippers or according to regional practice
and/or agreements. Disputes relating to a modification of these
discount rates shall be determined as laid down in
the loyalty arrangement.
3. loyalty contracts provisions must include guarantees that
clearly the rights and obligations of shippers and
liner shipping companies, which are members of the Conference, including: in
compliance with the following requirements:
a) obligations on the shipper relating to goods whose transport
controlled by him or of him depends on company or subsidiary
or of his agent in accordance with the contract of sale for the
the goods in question, in which case it is assumed that the shipper does not, through
evasions, loopholes or intermediary, must try to re-route cargo in
breach of his obligations under the loyalty arrangement;
(b)) when there is a loyalty contract, the extent of actual
or fixed compensation and/or penalty emerge from this.
However, shipping lines, as are Conference members, decide to
set a lower damages or to waive damages. In
each case, the damages to be paid by the shipper in accordance with
the contract, may not exceed the freight for the goods involved,
based on the in the contract stated the freight;
c) shipper shall be entitled to recover the full loyalty status
he fulfils the conditions laid down by the Conference, which shall
specified in the loyalty arrangement;
(d)) loyalty arrangements shall specify:
in) a list of loads, which can include bulk cargo
transported without mark or count, which is specifically excluded
from the loyalty arrangement;
II) setting out the circumstances under which different cargo than such
referred to in (i) above) is considered to be excluded from the scope of
the loyalty arrangement;
III) method of settlement of disputes arising in connection with
the loyalty arrangement;
IV) regulations prohibiting the loyalty arrangement on request
of either the shipper or the Conference, without penalty, from the end of
a specified period of notice, in which case termination shall take place
in writing; and
v) the conditions for the grant of an exemption.
4. If a dispute arises between a Conference and a
avlastarorganisation, representatives of shippers and/or shippers about
a proposed loyalty arrangement terms or conditions, either
Party may refer the matter for judgment in accordance with the appropriate procedure
set out in this code.
Article 8
DISPENSATION
1. the Conference shall, by regulations of the loyalty contracts,
undertake to quickly review and determine avlastarnas
exemption applications and, if an exemption is refused, written notice
the reasons, if requested. Would a Conference fail to-in
a loyalty arrangement specified period-confirm enough
space to carry a avlastares cargo within a period
Likewise specified in the loyalty arrangement, the shipper shall have the right
that without ådraga to criminal use any vessel at any time
the load in question.
2. In ports where Conference transport will be arranged only if a specified
load minimum available, (i.e., after due warning), the shippers
automatically be entitled to-without compromising their loyalty status
use any available vessel for the transport of their
cargo, on line shipping company is either not calling at the port despite due
alert from the avlastarnas page or not within the agreed time
reply to avlastarnas alert.
Article 9
ACCESS TO RATES AND RELATED CONDITIONS AND/OR RULES
Tariffs, related conditions, regulations and any amendment thereof
shall, on request, be made available to shippers, avlastarorganisationer and
other interested parties at a reasonable price, and they shall be
available for preview on line shipping companies and their agents
Office. They shall set out all the conditions relating to the application of the freights
and with regard to the transport of each shipment which are subject to these.
Article 10
ANNUAL REPORTS
The conferences shall annually submit to the avlastarorganisationer or
representatives of shippers, reports on its activities designed to give
General information of interest to them, including up to date information
and consultations held with shippers and
avlastarorganisationer, of the measures taken regarding complaints, if
changes in the composition of the Conference and on the more substantive changes
of service, tariffs and conditions of carriage. Such annual reports shall
the request shall be submitted to the competent authorities of the countries whose trade
served by the Conference.
Article II
CONSULTATION PROCEDURE
1. Consultations on issues of common interest to be held between
a Conference, avlastarorganisationer, representatives of shippers and,
where possible, shippers, who can be designated for this purpose
by the competent authority where this is desirable. These
consultations shall take place whenever requested by any of the
the above parties. Competent authorities shall have the right, upon request,
fully participate in consultations; This does not mean, however, that
they participate in decision making.
2. Among other things. the following matters may be the subject of consultations:
(a) of the General conditions) amendments to tariff and related regulations;
b) changes in the General level of tariffrakter and shipping for
more important commodities;
c) promotion and/or special freights;
d) imposition of surcharges and amendments thereto;
e) loyalty arrangements, their creation or changes in their
form and general conditions;
f) changes in tariffs classification of ports;
g) procedure for avlastarnas provision of necessary
information relating to the expected volume and nature of their cargoes;
and
h) submission of cargo transport and requirements regarding notice to
a backhoe is available.
3. To the extent that they fall within a conference framework can
the following matters may be the subject of consultation:
a) operation of the cargo inspection activities;
b) changes in the traffic pattern;
(c)) the impact of the introduction of new technology in cargo transport,
Special release for unit loads with consequent reduction of
conventional traffic or direct traffic; and
d) adaptation and quality of maritime transport, including impact of
agreement on arrangements for pools, entry into or departure of the availability of
maritime transport and the freight to the maritime transport
is provided; changes in the areas in which transport is performed
and in the regularity of calls by Conference vessels.
4. Consultations shall be held before the final decision is taken, unless
except as otherwise provided in this code. Intend to take decisions in matters
set out in article 11, paragraphs 2 and 3, the förhandsaviseras. Where this
is impossible, Mon urgent decisions be taken pending the adoption of
consultations shall be held.
5. Consultations shall begin without undue delay and in any event
within a maximum period specified in the Conference agreement or, in the absence
of such a provision in the agreement, not later than 30 days after
receipt of proposal for consultations, unless other
time periods provided in this code.
6. When consultations are held, the Parties shall do their utmost to
provide the relevant information, hold discussions at the right time and
clarify the conditions with a view to finding solutions to current
problem. The parties concerned shall take into account each other's comments and
problems and strive to achieve an agreement that is tailored to their
commercial viability.
CHAPTER IV
FREIGHTS
Article 12
CONDITIONS FOR SHIPPING
When decisions are to be taken on questions of tariff policy in all cases, as
mentioned in this code, shall, unless otherwise provided, the following points
account shall be taken of:
a) freight shall be on as low as practicable from
the commercial point of view and shall allow a reasonable profit for shipowners;
b) Conference operating costs shall, as a general rule, be calculated for a
round trip, at which point the ship out trips are considered as a whole.
Where appropriate, out and return to be considered separately. The freight
shall be set taking into account, among other things. lastarnas art, the peer
the relationship between the weight and dimensions as well as the value;
(c)) in determining promotion and/or special shipping for
certain goods shall take account of the terms of trade of these goods
in the countries served by the Conference, in particular the developing countries and
land-locked countries.
Article 13
CONFERENCE RATES AND CLASSIFICATION OF TARIFFRAKTER
1. Conference tariffs should not make unfair difference between
shippers in the same situation. Liner shipping companies, which are members of a
Conference, shall strictly adhere to the shipping, terms & conditions
specified in the tariffs and in other published valid
Conference documents, as well as any special arrangements permitted
According to this code.
2. Conference tariffs are to be drawn up clearly and give as
few classes/categories as possible, depending on the transport
special needs, as well as specify the special shipping for each item and,
where appropriate, for each class/category; in order to facilitate the
compilation and analysis of statistics, the also-where
practical-enter the corresponding appropriate code number
According to the Standard International Trade Classification, Brussels Tariff
Nomenclature or other nomenclature that may have been adopted
internationally; the classification of goods in the tariffs shall, as far as
practicable, be drawn up in cooperation with
avlastarorganisationerna and relevant national and international
organizations.
Article 14
GENERAL SHIPPING INCREASES
1. The Conference shall at least 150 days in advance, or in accordance with
practice and/or agreement, announce avlastarorganisationer or
representatives of shippers and/or shippers and, where necessary,
the competent authorities of the countries whose trade is served by the Conference
of its intention to implement a general raising of freights with citing
by höjningens size, dates of implementation and the reasons
justification for the proposed increase.
2. at the request, which shall be delivered within an agreed period of time
After receipt of such notice, of any of the parties thereto
entitled under this code, the consultations in accordance with
the relevant provisions of this code is initiated within a specified
time period which may not exceed 30 days or after previous
agreed between the parties concerned; consultations shall be held
with respect to the grounds for and the size of the proposed
the increase and the date of its implementation.
3. A Conference can, to expedite the consultations, or shall, on
the request of any of the parties in accordance with this code is
entitled to participate in consultations on general freight increases,
where feasible, within a reasonable time prior to the consultations, submit to the
the participating parties a report by independent auditors with good
reputation that includes-in cases where the Parties requested
consultations that accepts one of the bases of consultations-
an overall analysis of the data concerning current costs and
income which in accordance with the opinion of the Conference necessitate an increase in the
the freight.
4. If agreement is reached as a result of the consultations, the
shipping increase take effect from the date specified in the alert
According to article 14, paragraph 1, unless a later date agreed
between the parties concerned.
5. If no agreement is reached within 30 days of the notification provided for in article
14, paragraph 1, shall, in compliance with this code prescribed
procedure, the question shall be referred immediately to the international
mandatory conciliation in accordance with Chapter VI. Conciliation of men
Recommendation shall, if the antages of the parties concerned, be
binding on them and apply subject to the provisions of
Article 14, paragraph 9, with effect from the date referred to in
conciliation men's recommendation.
6. subject to the provisions of article 14, paragraph 9, a
Conference adopt a general increase in the freight rate pending
conciliation men's recommendation. When they make their recommendation shall
conciliation men take into account the size of the of the Conference
made, the above promotion and to the period during which the
has been in force. In the event that the Conference rejects
conciliation men's recommendation, the shippers and/or
avlastarorganisationer be entitled to after appropriate notice feel
the unbound by any arrangements or any other contract with
the Conference, which can prevent them from using non-
Conference shipping lines. If there is a
loyalty arrangements, the shippers and/or
avlastarorganisationer within a period of 30 days ' notice that they are not
longer consider themselves bound by this arrangement, in which case the notice shall
with effect from the date specified therein, and in the loyalty arrangement
a period of not less than 30 and not more than 90 days to be funding for this
purposes.
7. A contents discount, which belong to the shipper and which have
hopsamlats of the Conference, shall not be detained or confiscated by
the Conference as a result of an act which the shipper
carried out in accordance with article 14, paragraph 6.
8. If a country's trade, which on a given route carried by
shipping lines members of a Conference, preferably consists
of one or a few commodities, any increase in shipping costs on a
or more of such goods shall be regarded as a general freight increase, and
the relevant provisions of this code shall apply.
9. The conferences should implement any general freight increase with validation
of this code for a certain minimum period, in which case they shall
take into account the rules of surcharges and adapting of freights
as a result of changes in exchange rates. The period during which a
General freight rate increase shall be applied, is an issue that should be dealt with at the
consultations conducted in accordance with article 14, paragraph 2, but if not
otherwise agreed between the parties concerned during consultations,
the minimum period between the date on which a general freight increase becomes
into force and the date of the notification referred to in article 14, paragraph 1, of the next
General freight increase-not less than 10 months.
Article 15
PROMOTION SHIPPING
1. Conferences should introduce promotion shipping on non-traditional
export commodities.
2. All necessary and reasonable information justifying the need for a
promotion shipping shall be submitted to the Conference by the shippers,
avlastarorganistionerna or representatives of shippers.
3. Special procedures shall be established to decisions concerning
applications for promotion of goods to be taken within 30 days of
the date on which it received such information, unless otherwise mutually
agreed. A clear distinction shall be made between this procedure
and the General procedure for examination of the possibility of
reduce shipping costs on other goods or to undantaga them from
increases.
4. the Conference shall provide shippers and/or
avlastarorganisationer, and at the request of Governments and/or other
the competent authorities of the countries whose trade is served by
the Conference, information regarding the procedure for the treatment of
applications for promotion of goods.
5. A promotion shipping shall normally be established for a period of 12
months, unless otherwise mutually agreed between the relevant
the parties. Before the period the promotion shipping again
reviewed at the request of the shipper and/or
avlastarorganisationen, in which case it is the responsibility of the shipper and/or
avlastarorganisationen, at the request of the Conference indicate that it is
motivated to continue with this shipping after the initial period.
6. When processing an application for a promotion shipping can
Conference take into account the fact that shipping, even if it is to promote
exports of non-traditional goods for which it is sought,
probably not create significant distortions of competition in the export of a
similar goods from any other country served by the Conference.
7. Promotion shipping is not exempt from the surcharge or
was lean adjustment factor in accordance with articles 16 and 17.
8. Each line shipping company, who is a member of a Conference and serving
current ports of conference services must receive and not without
reasonable grounds refuse a fair share of the load for which a promotion shipping
introduced by the Conference.
Article 16
SURCHARGES
1. The additional levy, introduced by a Conference to cover
sudden or abnormal increases in costs or
loss of income, shall be regarded as temporary. They shall be reduced in
Association for improvements in the situation or the circumstances
they covered face, and shall be abolished with regard to article 16,
paragraph 6, as soon as the situation or the circumstances that
for their adoption ceased to prevail. This shall be specified in the
the time of their introduction, as far as possible, together with a
description of the change in the situation or circumstances that
will bring their increase, reduction or elimination.
2. Surcharges imposed on cargo en route to or from a particular
port shall likewise be regarded as temporary and shall likewise be increased,
be reduced or abolished, having regard to article 16, paragraph 6, when
the situation in this port is changed.
3. Before any surcharge imposed-whether General or
concerning only a particular port shall notice be submitted and, upon request,
consultations held in accordance with the procedure laid down in this code between the
the Conference and the other parties directly affected by the
the additional levy and that according to the regulations of this Code entitled
to participate in such consultations, except in exceptional
circumstances warrant immediate imposition of additional duty. In
cases where a surcharge is added at any time without prior
consultation, shall, on request, consultations be held as soon as
possible thereafter. Before such consultations, conferences
present the facts in their opinion justify läggsavgiften
added on.
4. Unless the parties agree otherwise, shall, within a
period of 15 days after receipt of the notice referred to in article 16,
paragraph 3, agreement on the additional levy achieved between the
interested parties referred to in the article, the relevant provisions of this
Code of settlement of disputes prevail. Unless the parties concerned
agree otherwise, the additional duty shall, however, be imposed in
pending settlement of the dispute, whether the dispute is still unresolved at
the end of a period of 30 days after receipt of the above-mentioned
notice.
5. In the event that a surcharge is imposed in exceptional
circumstances without prior consultation in accordance with the requirements of
Article 16, paragraph 3, and if no agreement is reached during
subsequent consultations, the relevant rules of this code for
settlement of disputes prevail.
6. Economic loss that liner shipping companies, which are members of the Conference,
suffer as a result of the delay because of consultations
and/or procedures for the settlement of disputes regarding imposed by
surcharges in accordance with the provisions of this code in
relative to the date from which additional fees in accordance with
the provisions of this code would have been charged on the basis of notice under
Article 16, paragraph 3, may be offset by a corresponding extension of the
additional application fee before its abolition. Conversely,
If the latter as a result of consultations or other
procedures laid down in this code, laid down and agreed to a
surcharge put on by a Conference is unwarranted or excessive,
shall-if other agreement not exist-celebrated amount or
the high share of such amounts determined as set out above,
shall be refunded to the parties involved, if they so request, within 30 days
After the making of such a request.
Article 17
EXCHANGE RATE CHANGES
1. Changes in exchange rates, including formal devaluation or
revaluation, which leads to changes in the total
operating costs and/or revenue for the shipping lines that are
Conference members, and associated with their activities in the
Conference, constitute a valid reason to introduce a
currency adjustment factor in freight or for an amendment of these.
Adaptation or amendment shall be undertaken in such a way that-
as far as possible-each Member shipping companies a total of either do
losses or profits as a result of the adjustment or
the change. Adaptation or amendment may take the form of
currency surcharges or discounts or increases or
reductions in shipping.
2. Such adjustments or changes to alerts in the
compliance with regional practice, where such practice exists;
In addition, in accordance with the provisions of this code
consultations shall be held between the Conference and the other
parties like this directly concerns and that of this Code entitled
to participate in the consultations, other than in those exceptional circumstances which require a
immediate introduction of currency adjustment factor or freight change.
In the event that this has been done without prior consultations shall
consultations be held as soon as possible thereafter. Consultations
should apply the currency adjustment factor or freight the application,
size and date of entry, with the same procedure shall apply to
provided for in article 16, paragraphs 4 and 5, with respect to
surcharges. Such consultations should take place and be completed within
a period not exceeding 15 days from the date on which it was intended to
apply a currency surcharge or carry out a Bill amendment
announced.
3. If the consultations do not within 15 days will lead to a
agreement is reached, the relevant provisions for settlement
of disputes given in this code shall be followed.
4. the provisions of article 16, paragraph 6, shall, with the necessary
corrections applied to was tilting adjustment factors and
shipping changes covered in this article.
CHAPTER V
OTHER QUESTIONS
Article 18
"FIGHTING SHIPS"
Conference members may not make use of fighting ships in
Conference services to exclude, prevent or weaken competition
by pushing away a shipping line which is not a member of the Conference
from traffic.
Article 19
TRAFFIC ADAPTATION
1. the Conference shall take necessary and appropriate measures to
ensure that their members provide regular,
sufficient and effective traffic with the required frequencies on the routes
the traffic and shall arrange the traffic so that as far as possible
avoid both the accumulation of vessels long break between flights.
Conferences shall also consider any special measures
necessary with regard to the establishment of traffic with respect to
seasonal variations in load.
2. Conferences and other parties, as provided for in this Code entitled
to participate in consultations, including competent authorities if they so
are, should closely monitor the demand for cargo space,
traffic sufficiency and suitability and-in particular-
opportunities to rationalise traffic and increase its effectiveness.
Gains arising from the rationalization of the services must be fair
reflected in the shipping rate.
3. in the case of ports Conference traffic only if
cargo volume is equal to a specified minimum, the minimum is specified
in the tariff. Shippers must provide appropriate notice of such
cargo quantity available.
Article 20
THE MAIN OFFICE FOR A CONFERENCE
The Conference shall, as a general rule, set up his headquarters in a country whose
trade is served by the Conference, unless otherwise agreed by the
shipping lines which are members of the Conference.
Article 21
REPRESENTATION
The Conference shall have local representation in all countries that the
traffic, but where practical reasons speak against it, regional
representation should be established. Name and address of the representative shall
be readily available, and the representatives shall ensure that
shippers and Conference quickly benefit from each other's points of view
in order to obtain quick decisions. When a Conference considers it
appropriate, it shall ensure that the authority to make decisions in
appropriate be delegated to officials.
Article 22
CONTENT OF THE CONFERENCE AGREEMENT, AGREEMENTS ON MARKET SHARING AND
LOYALTY ARRANGEMENTS
Conference agreements, agreements on market sharing and loyalty contracts
shall be in conformity with the requirements of this code but may
include such other provisions as may be agreed which are not in
contravention of this code.
PART TWO
CHAPTER VI
RULES AND PROCEDURES FOR THE SETTLEMENT OF DISPUTES
A. GENERAL PROVISIONS
Article 23
1. the provisions of this chapter shall apply whenever a dispute
arise concerning the application or enforcement of
the provisions of this code between the following Parties:
(a)), a Conference and a shipping line;
b) shipping lines members of a Conference;
c) a conference or shipping line member thereof and a
avlastarorganisation or representatives of shippers or shippers;
and
d) two or more conferences.
In this chapter, the term "party" means the original
the parties to the dispute as well as third parties that have joined the
the negotiations in accordance with article 34, paragraph (a).
2. any dispute between shipping companies operating under the same flag, as well as between
organizations that belong in the same State, shall be attached in the framework
for this country's national jurisdiction, unless this creates
serious difficulties in the fulfilment of the provisions of this code.
3. The parties to a dispute shall first try to settle the
through exchange of views or direct negotiations with a view to
find a mutually satisfactory solution.
4. any dispute between the parties referred to in article 23, paragraph 1,
Subject:
(a) ") to a national shipping line have been refused entry in a Conference,
serving the line company home-country foreign trade;
b. that a third-country shipping line have been refused entry in a Conference;
c) expulsion from a Conference;
(d)) of a conference agreement and this
code;
e) a general raising of freights;
f) surcharges;
g) changes in shipping or the introduction of the currency adjustment factor of
because of changes in exchange rates;
h) market share; and
in the form and terms of proposed) loyalty arrangements,
that has not been resolved by an exchange of views or direct negotiations,
shall, at the request of a party to the dispute, be referred to the international
compulsory arbitration in accordance with the provisions of this
Chapter.
Article 24
1. The conciliation procedure initiated at the request of one of the parties to the
the dispute.
2. The request shall be submitted:
(a)) in disputes membership of conferences: not later than 60
days from the date on which the applicant received the Conference's decision and the reasons
Therefore, in accordance with articles 1, paragraph 4, and 4, paragraph 3;
b) in disputes relating to General shipping increases: not later than
the time for the notice period provided for in article 14, paragraph 1, expired;
(c)) in disputes relating to surcharges; not later than the time of
the 30-day period referred to in article 16, paragraph 4, or, if
no notification has been given, not later than 15 days from the date on which the
levy was set in force; and
d) in disputes relating to changes in shipping or introduction of
currency adjustment factor due to exchange rate changes: not later
than five days after the time for the period referred to in article 17,
paragraph 3, expired.
3. the provisions of article 24, paragraph 2, shall not apply in the case of a
dispute which is hänskjuten to international mandatory conciliation in
accordance with article 25, paragraph 3.
4. The request for arbitration in disputes, other than those referred to in article
24, paragraph 2, may be submitted at any time.
5. The time limits referred to in article 24, paragraph 2, may be extended by
agreement between the parties.
6. A request for conciliation shall be deemed duly filed
If it is proven that it has dispatched to the other party in
registered letter, telegram or telex or has been served within the
time limits laid down in article 24, paragraph 2, or 5.
7. If no request has been filed within the time limits set out in
Article 24, paragraph 2, or 5, the Conference's decisions be
final and no negotiation under this chapter may be taken up
by either party to the dispute to challenge that decision.
Article 25
1. If the parties have agreed that the disputes referred to in article 23,
paragraph 4, subparagraph (a), (b), (c), (d), (h) and (i), shall be determined by other
procedures referred to in that article or if they agree on
procedure to resolve a particular dispute that has arisen between them,
such disputes shall, at the request of either party to the dispute,
be attached as prescribed in their agreement.
2. the provisions of article 25, paragraph 1, shall also apply to the disputes
referred to in article 23, paragraph 4, subparagraph (e), (f) and (g), unless national
legislation, rules or regulations shippers fråntager this
freedom of choice.
3. where conciliation negotiations have been initiated, such negotiations
take precedence over remedies provided under national
team. If a party wishes to exercise remedies under national law with
treatment by a dispute, on which this chapter is applicable, without
to invoke the procedures prescribed in this chapter, shall, on
the request of a defendant, suspended negotiations and dispute-of the
Court or other authority where national remedies requested-
be referred to the procedures laid down in this chapter.
Article 26
1. the Contracting Parties shall grant to conferences and
avlastarorganisationer such authority as is necessary for
the application of the provisions of this chapter. In particular so that:
(a)) a conference or a avlastarorganisation can begin negotiations
which party or listed as a party to the negotiations in their collective
property;
b) each notification to a conference or avlastarorganisation in
its collective property shall also constitute a notice to
each Member of such Conference or avlastarorganisation;
c) notification to a conference or avlastarorganisation shall
be sent to the address of the Conference or the
avlastarorganisationens head office. Each conference or
avlastarorganisation shall register the address of its head office
of the Registrar, appointed in accordance with article 46, paragraph 1.
If a conference or a avlastarorganisation does not
Enter the address or has no head office, the
notice to any one of the members of the Conference
or avlastarorganisationens name is considered to be a notice to
such Conference or avlastarorganisation.
2. If a conference or avlastaroganisation godtager or reject
a recommendation of the conciliation men, each Member of the
Conference/avlastarorganisation be deemed to have accepted or rejected
the recommendation.
Article 27
Unless the parties agree otherwise, the conciliation men decide
to make a recommendation on the basis of written submissions without
oral proceedings.
B. INTERNATIONAL MANDATORY CONCILIATION
Article 28
For international mandatory conciliation, the competent authorities
in a Contracting State, if they wish, participate in the
the conciliation negotiations to assist either a party of
the nationality of a Contracting State or a party to a dispute
raised in sambnad with the appropriate Contracting State
foreign trade. The competent authority can also act as
observer in such conciliation negotiations.
Article 29
1. in the case of international mandatory conciliation, negotiation
held at the place, as the parties unanimously agree or if
such an agreement is not reached, on the spot, that the conciliation men
determines.
2. When the parties and conciliation men shall determine the location of the
the conciliation negotiations shall take into account, among other things. the countries
that is closely connected with the dispute, and in so doing to bear in mind the
line the owner's land and, especially if the dispute concerns the load, the country
from which this is derived.
Article 30
1. For purposes of this chapter, an international group of
conciliators should be set up, consisting of experts of high reputation or
experience in law, maritime transport economy or foreign trade and
funding, as determined by the Contracting Parties that
appoints them; the designated shall act in an independent feature.
2. Each Contracting Party may at any time appoint members of the
the Group next to a number of 12, and must communicate their names to the
Registrar. The appointments comes to six-year terms and may be reappointed. In
event of a team member's death, incapacity or resignation shall
Contracting Party which has appointed he or she appoint a replacement
for the remainder of his term of Office. The appointment comes from and
the date on which the Registrar has received notice of the appointment.
3. The Registrar shall maintain a list of team members and
shall regularly inform the Contracting Parties of the Group's
composition.
Article 31
1. The purpose of the conciliation procedure is to ensure that the dispute is resolved amicably by
recommendations formulated by independent conciliators.
2. Conciliation men shall establish and clarify the issues, for
this purpose call up all kinds of information from the parties and, on
basis, submit to the parties a recommendation for settlement of
the dispute.
3. the Parties shall sincerely cooperate with conciliation men to
enable them to exercise their functions.
4. With regard to the provisions of article 25, paragraph 2, the parties may
in the dispute at any time during the
conciliation proceedings decide to use a different
procedure for the settlement of their dispute. The parties to a dispute, which
has been the subject of other negotiations than that provided for in
This chapter, may decide by mutual agreement to
take advantage of international mandatory conciliation.
Article 32
1. the conciliation proceedings shall be carried out either by a
conciliator or by an uneven number of conciliators, which
the parties have agreed upon or designated.
2. If the parties cannot agree on the number or the appointment of
the men of conciliation provided for in article 32, paragraph 1, shall
the conciliation negotiations conducted by three conciliators; each
party in the claim and response/letters
appoint a conciliator, whereupon the two thus appointed
the men the third conciliation appointed, which shall be the President.
3. If the reply does not name a conciliator, who shall
be appointed in cases where article 32, paragraph 2, applies, shall, within 30
days of receipt of the claim, the conciliator appointed in
claim designate the second conciliator by drawing lots among the
team members designated by the Contracting Party/Parties
and that is of the same nationality as the defendant (a).
4. where the conciliators appointed in accordance with article 32, paragraph
2 or 3, cannot agree on the appointment of the third
the conciliator within 15 days after the date of appointment of the
second conciliator, he shall, within the following five days,
be chosen by lot by the appointed settlement men. Before
the draw, account shall be taken of:
(a)) no member of the conciliation Advisory Group that is of the same
nationality as either of the two men appointed to the conciliation
be eligible for the draw;
b) each of the two designated conciliation men can exclude from
the list of conciliation Advisory Group an even number of
conciliators on condition that at least 30 team members remain
as eligible for the draw.
Article 33
1. If several parties request conciliation of the same defendant regarding the same
issue or issues which are closely correlated, can
the defendant request the aggregation of these cases.
2. Request for the aggregation shall be examined and decisions are made by
majority vote of the Chairmen of the previously selected
conciliation the men. If such a request is granted, the Presidents appoints the
conciliators, which shall review the total cases, among the
conciliators who till then is appointed or elected, provided that a
uneven number of conciliators is chosen and that the conciliator as
first appointed by each Party shall be one of the conciliators as
review the total case.
Article 34
If the conciliation negotiations have been initiated, can any other party than a
competent authority, referred to in article 28, join the
negotiations:
either
a) as a party, in the event of a direct economic interest;
or
b) supporting party to one of the original parties, in
event of an indirect economic interest,
unless either of the parties opposes such
connection.
Article 35
1. The conciliation men's recommendations shall be delivered in accordance with
the provisions of this code.
2. If the code in question does not contain any regulations, shall
conciliation men apply the law to which the parties agree on the
the time of the conciliation negotiations leading or afterwards, though
no later than at the time of presentation of the evidence for
conciliation the men. In the absence of such agreement, the law
applied, which according to the conciliation men's assessment almost links
to the dispute.
3. Conciliation men shall not decide the dispute ex aequo et bono (after
law and equity), unless the parties so agree after the
the dispute has arisen.
4. The conciliation men shall not release the opinion non liquet (question is
unclear) because of lack of clarity in the law.
5. The conciliation men can recommend the consequences laid down in
the law applicable to the dispute.
Article 36
Conciliation men's recommendations shall include the reasons for
These.
Article 37
1. Unless the parties before, during or after the conciliation procedure has
agreed that the conciliation men's recommendation shall be
binding, the recommendation shall become binding by the parties '
acceptance of it. A recommendation, which was accepted by some of
the parties to a dispute, is binding only for those parties.
2. Acceptance of the recommendation must be communicated to the
the men of them conciliation, at the given address, by the parties no later
than 30 days after receipt of notification of the recommendation; in
otherwise, it is considered that the recommendation has not been accepted.
3. each party that is not godtager the recommendation shall, within 30 days
After the period referred to in article 37, paragraph 2, detailed and
notify the other parties of the conciliation and its reasons
for the rejection of the recommendation.
4. If the recommendation is accepted by the parties, the
conciliation the men immediately establish and sign a Protocol on
the settlement of the dispute, at which point the recommendation shall be
binding on those parties. If the recommendation has not been accepted by the
all the parties, the conciliation men, with respect to the parties
rejects the recommendation, draw up a report, which States
that dispute exists and that these parties failed to settle
the dispute.
5. A recommendation which has become binding on the parties,
applied by them immediately or at the later date referred to in
the recommendation.
6. each party can put as a condition of his acceptance that all or
some of the other parties also godtager it.
Article 38
1. A recommendation shall constitute a final settlement of a dispute
what the concerned parties that godtager it, except to the extent
the recommendation is not recognized and enforced in accordance with the
the provisions of article 39.
2. "Recommendation" includes an interpretation, clarification or a
revision of the recommendation made by the conciliation men before
It has been accepted.
Article 39
1. Each Contracting Party shall recognize a recommendation
binding between the parties which have accepted it, and shall, with
regard to the provisions of article 39, paragraph 2 and 3, at the request of
any such party, carry out all obligations imposed by
the recommendation as if this were a final judgment of a court in the
fördraggslutande State.
2. A recommendation shall not be recognised and enforced at the request
the party referred to in article 39, paragraph 1, of the Court or other diversion
authority in the country where recognition and enforcement
begäres, is convinced that:
(a)) any of the parties, which accepted the recommendation, not at the time
for acceptance had full legal capacity according to the law
applicable to it;
b) fraud or coercion has been used in the design of
the recommendation;
(c)) the recommendation is contrary to public policy
public policy in the State in which enforcement is sought; or
d) conciliation men's composition or the conciliation procedure does not
was in accordance with the provisions of this code.
3. No part of the recommendation shall be enforced and recognised on
Court or other competent authority is convinced that that matter
falls within any of the subparagraphs of article 39, paragraph 2, and it can
be separated from other parts of the recommendation. If any part cannot
be separated, the recommendation as a whole is not enforced and
be recognised.
Article 40
1. If the recommendation is accepted by all parties, can
the recommendation and the reasons therefore shall be published with the agreement of all
the parties.
2. If the recommendation has been rejected by one or more parties but have
accepted by one or more parties:
(a)), the party or parties, which reject the recommendation,
publish their in accordance with article 37, paragraph 3, given reasons for
the rejection and they can at the same time publish the recommendation and the
the reasons therefore;
b), a party that has accepted the recommendation to publish
the recommendation and the reasons therefore; the party may also publish
the reasons for the rejection, which was given by any other party, unless this
other party has already published its rejection and the reasons
in accordance with article 40, paragraph 2, subparagraph (a).
3. If the recommendation has not been accepted by a State party, each
party publish the recommendation and the reasons therefore, and also their
own rejection and grundera for this.
Article 41
1. Documents and statements containing factual information, which
submitted by any party to the conciliation men, shall
published, unless the party or a majority of the
conciliation men agree otherwise.
2. Such documents and explanations, provided by a party, can
be submitted by the party in support of his cause in subsequent
dialogue concerning the same dispute and between the same parties.
Article 42
If the recommendation has not become binding upon the parties, no
of conciliation the men expressed views or reason, or concessions
or offers submitted by the parties as part of
förlikningsförhandligarna, affect any of the parties ' legal
rights and obligations.
Article 43
1. a) costs of conciliators and all costs of
implementation of the conciliation proceedings shall be borne equally by
the parties to the negotiations, if they do not agree otherwise.
b) If conciliation proceedings have been initiated, the conciliation men
be entitled to request advance payments or collateral to cover the
costs referred to in article 43, paragraph 1, subparagraph (a).
2. Each Party shall bear all expenses incurred by the ådrager in the context
with negotiations, unless the parties agree annolunda.
3. Notwithstanding the provisions of article 43, paragraphs 1 and 2, can
conciliation the men, then unanimously decided that a party has
produced by okynne or without reason, charged the party with
all or some of the other parties ' negotiating costs. A
such a decision is final and binding on all parties.
Article 44
1. A party's failure to appear or perform its action
during any part of the proceedings, shall not be deemed an admission
of the other party's pleadings. In such a case, the other party,
at its option, require the conciliation men either end
negotiations or deals with the questions presented to them
and designing a recommendation in accordance with the rules for
issuing of recommendations contained in this code.
2. Before they finish negotiations, conciliation shall men grant
the party that fails to appear or perform its action, a
period, which shall not exceed 10 days, unless they are fully secure
that the party has not for aviskt or perform
its action.
3. Failure to iakktaga the procedural time limits
set out in this code or determined by conciliation men, in
particular time limits relating to submissions of declarations or
information, shall be considered as failure to appear at the
the negotiations.
4. where the negotiations have been terminated due to the fact that a party has failed
to appear or perform its action, the conciliation men
draw up a report in which the States party's failure.
Article 45
1. The conciliation men shall follow the procedure laid down in
This code.
2. The rules of procedure annexed to this Convention
Annex shall be considered as type rules to guide
conciliation the men. If conciliation men agree thereupon, they can
use of, make additions to or changes in the rules of the annex
or establish their own rules of procedure in so far as such
additional, modified or other rules do not conflict with
the provisions of this code.
3. If the parties agree that it may facilitate the achievement of a rapid
and economic implementation of the conciliation negotiations, they can
mutually agree on procedural rules which do not conflict with
the provisions of this code.
4. The conciliation men shall issue its recommendation unanimously
or, if consensus cannot be achieved, after the majority decision.
5. The conciliation negotiations and conciliation men
issue its recommendation not later than six months from the date of
conciliation men was appointed, except in the cases mentioned in article
23, paragraph 4, subparagraph (e), (f) and (g), for which the time limits shown in the
Article 14, paragraph 1, and article 16, paragraph 4, shall apply.
The six-month period may be extended by agreement between the
the parties.
C. ORGANISTORISKA ARRANGEMENTS
Article 46
1. Six months before the entry into force of this Convention, the United
Nations Secretary-General, subject to the United Nations
approval of the General Assembly and taking into account the views
expressed by the Contracting Parties, appoint a
Registrar, who may be assisted by such additional personnel as may
be necessary for the exercise of the functions listed in
Article 46, paragraph 2. Administrative services shall be provided
the Registrar and his staff of United Nations offices in
Geneva.
2. The Registrar shall, in consultation as appropriate with the
Contracting Parties, exercise the following functions;
(a)) bring the list of conciliation in the international
conciliation Advisory Group and regularly inform the Contracting
the parties on the composition;
b) on request, the parties concerned, conciliation men's names
and addresses;
c) to receive and store copies of the request for conciliation, replies,
recommendations, recognition or for casting, including the reasons
Therefore;
d) having regard to the provisions of article 40 shall communicate to
avlastarorganisationerna, conferences and Governments-in their
request and expense-copies of recommendations and reasons for
for casting of them;
e) provide information-non-confidential nature and without
identifying the parties concerned-about completed conciliation cases for
preparation of materials for the Conference audit
mentioned in article 52; and
(f)) the other functions as set out in articles 26, paragraph 1, subparagraph (c) and
Article 30, paragraph 2 and 3 ålägges Registrar.
Chapter VII
FINAL PROVISIONS
Article 47
APPLICATION
1. Each Contracting Party shall take such legislative and
other measures that may be necessary for the application of this
Convention.
2. Each Contracting Party shall transmit to the United
UN Secretary General, who shall be the depositary, text
to the legislative and other measures taken to
apply this Convention.
Article 48
SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION
1. This Convention shall be open for signature in the United
Nations Headquarters from 1 July 1974 to 30 June
1975 and shall thereafter remain open for accession.
2. All States are entitled to become Contracting Parties to the
This Convention by:
a) signature subject to and followed by ratification,
acceptance or approval;
b) signature without reservation in respect of ratification, acceptance or
approval; or
(c)) connection.
3. Ratification, acceptance, approval or accession shall
effected by the deposit of an instrument to that effect with the
the depositary.
Article 49
DATE of ENTRY INTO FORCE
1. This Convention shall enter into force six months after the date on which the
at least 24 States, whose combined tonnage is not less than 25% of
world tonnage, have become Contracting Parties under article 48.
In the case of this article, the term "tonnage" shall mean the tonnage
which is taken up in Lloyd's Register of Shipping statistical tables
1973, table 2, "the world's merchant fleets-broken down by main types"
in the case of general cargo ships (even the combined passenger-
/lastfartyg) and container ships (with complete cell division) with
the exception of the United States reserve fleet and the u.s. and
Canadian fleets on the Great Lakes region.
2. For each State which ratifies, accepts or godtager,
adhering to it, this Convention shall take effect six months
After the State's deposit of the appropriate instrument.
3. Any State which becomes a Contracting Party to this Convention
shall, after the entry into force of an amendment, unless it notifies
other intention,
(a)) shall be deemed to be party to the Convention as amended; and
(b)) shall be deemed to be a party to the unamended Convention in relation
to each State party to this Convention is not bound by
the change.
Article 50
TERMINATION
1. This Convention may be terminated by the Contracting Party in which
at any time after the expiry of two years from the date on which the Convention
entered into force.
2. Denunciation shall be communicated in writing to the depositary and are
effective one year after the date of receipt by the depositary of
Notice the instrument or after expiry of the extended period as
shown in the instrument of notice.
Article 51
CHANGES
1. Each Contracting Party may propose one or more amendments to the
This Convention by notifying the depositary any changes.
The depositary shall transmit such amendments to the Contracting
Parties for acceptance and to the States entitled to become
Contracting Parties but are not, for their information.
2. any proposed amendment that has been sent in accordance with article 51, paragraph
1, shall be deemed to have been accepted if no Contracting Party notifies
any objection, however, to the depositary within 12 months from the
date on which the depositary posted it. If a contracting party notifies
objection to the proposed amendment, it shall not be deemed to be
adopted and does not enter into force.
3. If no objection has been notified, the amendment shall enter into force
for all Contracting Parties six months after the end of the 12-
month period, referred to in article 51, paragraph 2.
Article 52
REVISION CONFERENCES
1. A revision Conference shall be convened by the depositary five years
After the date of entry into force of this Convention in order to review the
effect of the Convention with particular regard to its application and
to consider and adopt appropriate amendments.
2. The depositary shall, four years after the date on which this Convention
enters into force, invite comments from all the States
eligible to participate in the Conference audit and shall, on the basis
of the comments received, iordningsställa and posted a draft
the agenda, as well as the amendments proposed to be considered by the
the Conference.
3. Further revision conferences shall likewise be convened where
five years or, at the request of one third of the Contracting
the parties, at any time after the first statement of the Conference, unless
This decides otherwise.
4. Notwithstanding the provisions of article 52, paragraph 1, shall, if
This Convention has not entered into force five years after the date of
adoption of the final act of the United Nations Diplomatic Conference of
a code of conduct for liner conferences, at the request of one third of
the States that are eligible to become Contracting Parties to the
This Convention, a review Conference shall be convened by the United
Nations Secretary-General, provided by
approval of the General Assembly, to review the provisions of
This Convention and its annex and to consider and adopt
appropriate changes.
Article 53
DATA DEPOSITORY
1. the depositary shall notify the signatory States and the associated States of
a) signatures, ratifications, recognition, approval and
accessions in accordance with article 48;
(b)) date of entry into force of this Convention in accordance with article
49;
c) denunciations of this Convention in accordance with article 50;
d) reservations to this Convention and the withdrawal of reservations;
e) text of legislative or other measures
Contracting Party has undertaken to implement this Convention in
accordance with article 47;
f) proposed amendments and objections to the proposed changes in
accordance with article 51; and
(g)) entry into force of amendments in accordance with article 51, paragraph 3.
2. The depositary shall also carry out such measures as are necessary
in accordance with article 52.
Article 54
AUTHENTIC TEXTS-DEPOSIT
The original of this Convention, of which the Chinese, English, French
Russian and Spanish texts are equally authentic, shall be deposited with the
The Secretary-General of the United Nations.
In witness whereof the undersigned, being duly
authorized by their respective Governments, have signed this
Convention on the days specified in the midst of their signatures.
Annex to the Convention on a code of conduct for liner conferences
Type rules for the procedure for international mandatory conciliation
Rule 1
1. a party wishing to initiate conciliation proceedings provided for in the code
shall send to the other party, and in copy to the Registrar, a
the request in writing, accompanied by an counterclaim.
2. The claim shall:
(a)) precisely name each party to the dispute and their address;
(b)) contain a concise statement of the relevant facts,
bones of contention and the plaintiff's proposal for settlement of the dispute;
c) indicate whether the hearing is desired and, if so, in the
extent then known, the names and addresses of the persons, including
expert witnesses, to be a witness for the plaintiff;
(d)) shall be accompanied by such supporting documentation and current
agreements and arrangements entered into by the parties, which the plaintiff may consider
required at the time of the claim;
e) enter the requested number of conciliators and the proposal concerning the appointment of
conciliators or the name of the conciliator as plaintiff
appointed in accordance with article 32, paragraph 2; as well as
f) contain proposals, if any, regarding rules for
procedure.
3. The claim shall be dated and shall be signed by the party.
Rule 2
1. If the defendant decides to respond to the claim, he shall, within 30
days from the date on which he received the claim, send a reply to the
the other party and copies thereof to the Registrar.
2. The response shall:
(a)) contain a concise statement of the facts that the defendant
argues that objection against the allegations in the claim, his possible
proposals for settlement of the dispute and the remedies which he does
claims to settle the dispute;
b) indicate whether the hearing is desired and, if so, in the
extent then known, the names and addresses of the persons, including
expert witnesses, to be a witness for the defendant;
(c)) shall be accompanied by such supporting documentation and relevant agreements
and arrangements that the parties, which the defendant may consider
required at the time of its submission;
d) enter the requested number of conciliators and the proposal concerning the appointment of
conciliators or the name and address of the conciliator as
the respondent shall appoint, in accordance with article 32, paragraph 2; as well as
e) contain proposals, if available, concerning rules applicable to sådna
procedure.
3. the reply shall be dated and shall be signed by the party.
Rule 3
1. any person or any other interested party wishing to participate in
the conciliation negotiations under article 34 shall transmit a
written request to the parties to the dispute and the copy thereof to
Registrar.
2. If participation in accordance with article 34, paragraph (a) is desired, the
request stating the reasons therefor, including the information required
in accordance with rule 1, paragraph 2, subparagraph (a), (b) and (d).
3. If participation in accordance with article 34, paragraph (b) is desired, the request
specify the reasons and which of the original parties referred to
be supported.
4. any objection to such a party request for participation in the
conciliation proceedings, it shall, with a copy to the other party, shall be sent by
the opposing party within seven days of receipt of the request.
5. In such cases, two or more negotiations are combined,
should subsequent request for participation as third party
be sent to all interested parties, of which each can-in
accordance with the present rule-oppose such participation.
Rule 4
By agreement of the parties, the conciliation men, on
request of either party and after the parties been given the opportunity
to be heard, order aggregation or segregation of all or
some of the disputes which exists between the same parties.
Rule 5
1. each party can cite conflict of interest against a conciliator where circumstances
exists, which develops legitimate doubts about his independence.
2. the Objection of his disqualification, stating the reasons therefore shall be made prior to
the date on which negotiations end and before the conciliation men
issued its recommendation. Such a conflict of interest should be dealt with urgently and in
first place as opening the case and shall, in cases where
more than one conciliator has been appointed, decided by
the majority verdict among conciliation men. The decision in such cases
shall be final.
3. If a conciliator resigns, dies, becomes incapacitated or
disqualified, he shall promptly be replaced.
4. the negotiations which terminated in this way, shall be continued from
the point where they were interrupted, unless the parties agree or
conciliation men initiates a review of or repetition of
oral testimony.
Rule 6
Conciliation men shall determine its own competence
and/or their own jurisdiction in accordance with the requirements of this code.
Rule 7
1. The conciliation men shall receive and review all written
explanations, documents, beedigade written assurances, printables
or any other evidence-including oral testimony-as
can be presented to them by any of the parties or on someone's Party
behalf and shall put the weight in doing so that this evidence under
their opinion, deserve.
2. a) each party can present for conciliation men all materials the
considers relevant, and shall at the same time submit certified copies to
all other participants in the negotiations; These shall also be given reasonable
the ability to reply later.
b) conciliation shall assess men alone relevance and substantial
competent authority of the party submitted evidence;
c) conciliation men can obtain from parties such further
evidence which they may consider necessary for clarification and
the settlement of the dispute, provided that, if such supplementary
evidence presented, the other parties to the negotiations will get a
reasonable opportunity to comment on it.
Rule 8
1. In all cases where in the code or in these rules have established a
number of days for performing an Act, shall on the date of
the period begins to run shall not be included, while the last day
shall be included, except when the last day is a Saturday, Sunday or
public holiday in the place where the conciliation takes place, in which case
the last day of the period shall be the next business day.
2. When the period set is less than seven days, the
intermediate Saturdays, Sundays and public holidays are not
be taken into account.
Rule 9
Having regard to the code's provisions relating to procedural time limits
can the conciliation men, at the request of one of the parties or after
agreement between them, extend such time limit has
established by the conciliation men.
Rule 10
1. The conciliation men shall lay down negotiating procedure and, if
not otherwise agreed, the day and hour of each meeting.
2. Unless the parties agree otherwise, the negotiations
take place behind closed doors.
3. Before they declare the negotiations completed, the conciliation
the men explicitly query with all parties whether they have something
more evidence to present-and a note to that effect
shall be taken for the record.
Rule 11
Conciliation men's recommendations shall be in writing and
include:
a) careful specification of each party's name and address;
(b)) a description of the method of appointment of conciliators, and
their name;
(c)) date and place of the conciliation proceedings;
d) summary of the conciliation negotiations, such as
conciliation men deem advisable;
e) brief description of the facts which the conciliation men
noted;
f) summary of the parties ' pleadings;
g) decision in contention, stating the reasons therefore;
h) conciliation men's signatures and the date of each signature;
as well as
in an address to the message) which on the acceptance or rejection of
the recommendation shall be sent.
Rule 12
The recommendation shall, as far as possible, contain a decision on the
the costs in accordance with the provisions of the code. If the recommendation
does not contain a full decision on costs, shall
conciliation men, as soon as possible and in any event no later
than 60 days after the giving of the recommendation, for a
written decision in terms of the costs, as provided in the code.
Rule 13
Conciliation men's recommendations shall also take into account the
previous and similar cases, whenever this facilitates a more
uniform application of the code and compliance with conciliation men's
recommendations.
