Law (1983:1015) On The Occasion Of The Access To The Convention On 6 April 1974 On A Code Of Conduct For Liner Conferences

Original Language Title: Lag (1983:1015) med anledning av Sveriges tillträde till konventionen den 6 april 1974 om en uppförandekod för linjekonferenser

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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3 § has repealed by the Act (1994:1795).



4 section is repealed by the Act (1994:1795).



5 § has repealed by Act (1994:1795).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.

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