1 | Ondertekening zonder voorbehoud van bekrachtiging, aanvaarding of goedkeuring. |
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2 | Ratificatie onder de verklaring dat het Verdrag van toepassing is op Berlijn(West) vanaf de datum waarop het voor de Bondsrepubliek
Duitsland in werking treedt, en onder de volgende verklaring:
- 1.
For the purposes of the Code of Conduct, the term ‘national shipping line’ may, in the case of a Member State of the European
Economic Community, include any vessel-operating shipping line established on the territory of such Member State in accordance
with the EEC Treaty.
- 2
- (a)
Without prejudice to paragraph (b), article 2 of the Code of Conduct shall not be applied in conference trades between the Member States of the European Economic Community
or, on the basis of reciprocity, between such States and other OECD countries which are parties to the Code.
- (b)
Paragraph (a) shall not affect the opportunities for participation as third-country shipping lines in such trades, in accordance with the
principles laid down in article 2 of the Code, of the shipping lines of a developing country which are recognized as national shipping lines under the Code
and which are:
- (i)
already members of a conference serving these trades; or - (ii)
- 3.
Articles 3 and 14 (9) of the Code of Conduct shall not be applied in conference trades between the Member States of the Community or, on a reciprocal
basis, between such States and the other OECD countries which are parties to the Code.
- 4.
In trades to which article 3 of the Code of Conduct applies, the last sentence of that article is interpreted as meaning that
- (a)
the two groups of national shipping lines will coordinate their positions before voting on matters concerning the trade between
their two countries;
- (b)
this sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
- 5.
The Government of the Federal Republic of Germany will not prevent non-conference shipping lines from operating as long as
they compete with conferences on a commercial basis while adhering to the principle of fair competition, in accordance with
the resolution on non-conference lines adopted by the Conference of Plenipotentiaries. It confirms its intention to act in
accordance with the said resolution.
Opzegging door Duitsland op 26-09-2007 per 26-09-2008. |
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3 | Toetreding door Bulgarije onder de volgende voorbehouden: The Government of the People's Republic of Bulgaria considers that the definition of liner conference does not include joint
bilateral lines operating on the basis of intergovernmental agreements.
With regard to the text of point 2 of the annex to resolution I, adopted on 6 April 1974, the Government of the People's Republic
of Bulgaria considers that the provisions of the Convention on a Code of Conduct for Liner Conferences do not cover the activities
of non-conference lines.
Opzegging door Bulgarije op 22-12-2008 per 22-12-2009. |
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4 | Toetreding door China onder de volgende verklaring: The joint shipping services established between the People's Republic of China and any other country through consultations
and on a basis that the parties concerned may deem appropriate, are totally different from liner conferences in nature, and
the provisions of the United Nations Convention on a Code of Conduct for Liner Conferences shall not be applicable thereto.
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5 | Toetreding door Cuba onder het volgende voorbehoud: The Republic of Cuba enters a reservation concerning the provisions of article 2, paragraph 17, of the Convention, to the effect that Cuba will not apply said paragraph to goods carried by joint liner services for the
carriage of any cargo, established in accordance with intergovernmental agreements, regardless of their origin, their destination
or the use for which they are intended. ’
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6 | Toetreding door Cuba onder de volgende verklaring: With regard to the definitions in the first paragraph of part one, chapter I, the Republic of Cuba does not accept the inclusion in the concept of ‘Liner conference or conference’ of joint liner services
for the carriage of any type of cargo, established in accordance with intergovernmental agreements.
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7 | De toetreding door Denemarken geldt niet voor Groenland en Faeroër-eilanden. Toetreding onder het afleggen van de volgende voorbehouden: - 1.
For the purposes of the Code of Conduct, the term ‘national shipping line’ may, in the case of a State member of the European
Economic Community, include any vessel-operating shipping line established on the territory of that member State, in accordance
with the Treaty establishing the European Economic Community.
- 2
- (a)
Without prejudice to paragraph (b) of this reservation, Article 2 of the Code of Conduct shall not be applied in conference trades between States members of the Community and, on a reciprocal
basis, between these States and other OECD countries which are parties to the Code:
- (b)
Point (a) shall not affect the opportunities for participation as third country shipping lines in such trades, in accordance with the
principles reflected in Article 2 of the Code, of the shipping lines of a developing country which are recognized as national shipping lines under the Code
and which are:
- (i)
already members of an conference serving these trades; or - (ii)
- 3.
Article 3 and 14 (9) of the Code of Conduct shall not be applied in conference trades between the States members of the Community and, on a reciprocal
basis, between these States and other OECD countries which are parties to the Code.
- 4.
In trades to which Article 3 of the Code of Conduct applies, the last sentence of that Article is interpreted as meaning that:
- (a)
the two groups of national shipping lines will co-ordinate their positions before voting on matters concerning the trade between
their two countries;
- (b)
this sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
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8 | Toetreding door Denemarken onder de volgende verklaringen: The Government of Denmark considers that the United Nations Convention on a Code of Conduct for Liner Conferences affords
the shipping lines of developing countries extended opportunities to participate in the conference system and is drafted so
as to regulate conferences and their activities in open trades (i.e., when opportunities to compete exist). This Government also considers that it is essential for the functioning of the Code
and conferences subject thereto that opportunities for fair competition on a commercial basis by non-conference shipping lines
continue to exist and that shippers are not denied an option in the choice between conference shipping lines and non-conference
shipping lines, subject to loyalty arrangements where they exist. These basic concepts are reflected in a number of provisions
of the Code itself, including its objectives and principles, and they are expressly set out in Resolution No. 2 on non-conference
shipping lines adopted by the United Nations Conference of Plenipotentiaries.
This Government considers furthermore that any regulations or other measures adopted by a contracting party to the United
Nations Convention with the aim or effect of eliminating such opportunities for competition by non-conference shipping lines
would be inconsistent with the above-mentioned basis concepts and would bring about a radical change in the circumstances
in which conferences subject to the Code are envisaged as operating. Nothing in the Convention obliges other contracting parties
to accept either the validity of such regulations or measures, or situations where conferences, by virtue of such regulations
or measures, acquire effective monopoly in trades subject to the Code.
The Government of Denmark declares that it will implement the Convention in accordance with the basic concepts and considerations
herein stated and, in so doing, is not precluded by the Convention from taking appropriate steps in the event that another
contracting party adopts measures or practices that prevent fair competition on a commercial basis in its liner trades.
’
Opzegging door Denemarken op 17-04-2009 per 17-04-2010. |
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9 | Bekrachtiging door de Duitse Democratische Republiek onder het volgende voorbehoud: The German Democratic Republic declares that the provisions of the Convention on a Code of Conduct for Liner Conferences will
not be applied to jointly operated lines established on the basis of inter-governmental agreements for the joint conduct of
the bilateral exchange of goods between the respective states.
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10 | Toetreding door Finland onder de volgende voorbehouden: - 1.
Articles 2, 3 and 14 (9) of the Code of Conduct shall, on a reciprocal basis, not be applied in conference trades between Finland and other OECD countries
which are parties to the Code.
- 2.
In trades to which Article 3 of the Code of Conduct applies, the last sentence of that Article is interpreted as meaning that:
- a)
the two groups of national shipping lines will coordinate their positions before voting on matters concerning the trade between
their two countries;
- b)
this sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
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11 | Toetreding door Finland onder de volgende verklaringen: - A.
The Government of Finland considers that the United Nations Convention on a Code of Conduct for Liner Conferences affords
the shipping lines of developing countries extended opportunities to participate in the conference system and is drafted so
as to regulate conferences and their activities in open trades (i.e. when opportunities to compete exist.) This Government also considers that it is essential for the functioning of the Code
and conferences subject thereto that opportunities for fair competition on a commercial basis by non-conference shipping lines
continue to exist and that shippers are not denied an option in the choice between conference shipping lines and non-conference
shipping lines, subject to loyalty arrangements where they exist. These basic concepts are reflected in a number of provisions
of the Code itself, including its objectives and principles, and they are expressly set out in Resolution No. 2 on non-conference
shipping lines adopted by the United Nations Conference of Plenipotentiaries.
- B.
This Government considers furthermore that any regulations or other measures adopted by a contracting party to the UN Convention
with the aim or effect of eliminating such opportunities for competition by non-conference shipping lines would be inconsistent
with the above-mentioned basic concepts and would bring about a radical change in the circumstances in which conferences subject
to the Code are envisaged as operating. Nothing in the Convention obliges other contracting parties to accept either the validity
of such regulations or measures or situations where conferences, by virtue of such regulations or measures, acquire effective
monopoly in trades subject to the Code.
- C.
The Government of Finland declares that it will implement the Convention in accordance with the basic concepts and considerations
herein stated and, in so doing is not precluded by the Convention from taking appropriate steps in the event that another
contracting party adopts measures or practices that prevent fair competition on a commercial basis in its liner trades.
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12 | Ratificatie door Frankrijk onder de volgende voorbehouden: - 1.
In application of the Code of Conduct, the concept of a ‘national shipping line’ may, in the case of a member State of the
European Community, include all shipping companies established on the territory of that member in accordance with the treaty
setting up the European Economic Community.
- 2
- a)
Without prejudice to the text of paragraph (b) of this reservation, article 2 of the Code of Conduct shall not be applied in trade carried by a conference between the member States of the Community and,
on a reciprocal basis, between those States and the other OECD countries parties to the Code;
- (b)
The text of paragraph (a) shall not affect the opportunities for shipping lines of developing countries, as third-country shipping lines, to take part
in such trade in accordance with the principles set out in article 2 of the Code, provided they have been recognized as national shipping lines under the terms of the Code and:
- (i)
are already members of a conference carrying such trade, or - (ii)
have been accepted for membership of such a conference under the provisions of article 1 (3) of the Code.
- 3.
Article 3 and article 14 (9) of the Code of Conduct shall not be applied in trade carried out by a conference between the member States of the Community
and, on a reciprocal basis, between those countries and the other OECD countries parties to the Code.
- 4.
In any trade to which article 3 of the Code of Conduct applies, the last sentence of the article is taken to mean that:
- (a)
The two groups of national shipping lines shall co-ordinate their positions before voting on matters relating to trade between
their two countries;
- (b)
The sentence shall be applied solely to matters defined in a conference agreement as requiring the consent of the two groups
of national shipping lines concerned and not to all matters covered by the conference agreement.
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13 | Ratificatie door India onder de volgende verklaring: In confirmation of paragraph (2) of the statement filed by the Representative of India on behalf of the Group of 77 on 8 April
1974 at the United Nations Conference of Plenipotentiaries on a Code of Conduct for Liner Conferences, it is the understanding
of the Government of India that the intergovernmental shipping services established in accordance with intergovernmental agreements
fall outside the purview of the Convention on the Code of Conduct for Liner Conferences regardless of the origin of the cargo,
their destination or the use for which they are intended.
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14 | Toetreding door Irak onder de volgende verklaring: The accession shall in no way signify recognition of Israel or entry into any relation therewith. |
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15 | Toetreding door Koeweit onder de volgende verklaring: The accession to the Convention does not mean in any way a recognition of Israel by the Government of Kuwait. |
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16 | Toetreding door het Koninkrijk der Nederlanden onder de volgende voorbehouden: - 1.
For the purposes of the Code of Conduct, the term ‘national shipping line’ may, in the case of a Member State of the European
Economic Community, include any vessel-operating shipping line established on the territory of such Member State in accordance
with the EEC Treaty.
- 2
- (a)
Without prejudice to point (b) of this reservation, Article 2 of the Code of Conduct shall not be applied in conference trades between the Member States of the European Economic Community
or, on a reciprocal basis, between such States and the other OECD countries which are parties to the Code.
- (b)
Point (a) shall not affect the opportunities for participation as third country shipping lines in such trades, in accordance with the
principles reflected in Article 2 of the Code, of the shipping lines of a developing country which are recognized as national shipping lines under the Code
and which are:
- (i)
already members of a conference serving these trades; or - (ii)
- 3.
Articles 3 and 14 (9) of the Code of Conduct shall not be applied in conference trades between the Member States of the European Economic Community
or, on a reciprocal basis, between such States and the other OECD countries which are parties to the Code.
- 4.
In trades to which Article 3 of the Code of Conduct applies, the last sentence of that Article is interpreted as meaning that:
- (a)
the two groups of national shipping lines will coordinate their positions before voting on matters concerning the trade between
their two countries;
- (b)
this sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
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17 | Toetreding door het Koninkrijk der Nederlanden onder de volgende verklaring: On the occasion of the deposit today of the instrument of accession to the Convention on a Code of Conduct for liner conferences,
with Annex, concluded at Geneva on 6 April 1974, I have the honour to declare on behalf of the Government of the Kingdom of the Netherlands
that it
- —
will not prevent non-conference lines from operating as long as they compete with conferences on a commercial basis while
adhering to the principle of fair competition, in accordance with the Resolution on non-conference lines adopted by the Conference
of Plenipotentiaries;
- —
confirms its intention of acting in accordance with the said Resolution.
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18 | Toepasselijkverklaring door het Koninkrijk der Nederlanden voor Aruba op 04-02-1987 (met ingang van 01-01-1986). Opzegging door het Koninkrijk der Nederlanden (voor Nederland) per 25-07-2012. |
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19 | Toetreding door Noorwegen onder de volgende voorbehouden: - 1.
For the purpose of the Code of Conduct, the term national shipping line may, in the case of Norway or a Member State of the
European Economic Community or of the Organization for Economic Cooperation and Development, include any vessel-operating
shipping line established on the territory of such State in accordance with the law applicable in that State.
- 2
- (a)
Without prejudice to paragraph (b) of this reservation, Article 2 of the Code of Conduct shall, on a reciprocal basis, not be applied in conference trades between OECD countries which are
parties to the Code.
- (b)
Paragraph (a) shall not affect the opportunities of any shipping lines for participation as third country shipping lines in such trades
and for acquiring a significant part of the traffic of such trades.
- 3.
Articles 3 and 14 (9) of the Code of Conduct shall, on a reciprocal basis, not be applied in trades between OECD countries which are parties to
the Code.
- 4.
In trades to which Article 3 of the Code of Conduct applies, the last sentence of that Article is interpreted as meaning that:
- (a)
the two groups of national shipping lines will coordinate their positions before voting on matters concerning the trade between
their two countries;
- (b)
this sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
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20 | Toetreding door Noorwegen onder de volgende verklaringen: The Government of Norway furthermore considers that the United Nations Convention on a Code of Conduct for Liner Conferences
affords the shipping lines of developing countries extended opportunities to participate in the conference system and is drafted
so as to regulate conferences and their activities in open trades (i.e. where opportunities to compete exist). This Government also considers that it is essential for the functioning of the Code
and conferences subject thereto that opportunities for fair competition on a commercial basis by non-conference shipping lines
continue to exist and that shippers are not denied an option in the choice between conference shipping lines and non-conference
shipping lines, subject to loyalty arrangements where they exist. These basic concepts are reflected in a number of provisions
of the Code itself, including its objectives and principles, and they are expressly set out in Resolution No. 2 on non-conference
shipping lines adopted by the United Nations Conference of Plenipotentiaries.
The Government of Norway considers furthermore that any regulations or other measures adopted by a contracting party to the
UN Convention with the aim or effect of eliminating such opportunities for competition by non-conference shipping lines would
be inconsistent with the above-mentioned basic concepts and would bring about a radical change in the circumstances in which
conferences subject to the Code are envisaged as operating. Nothing in the Convention obliges other contracting parties to
accept either the validity of such regulations or measures or situations where conferences, by virtue of such regulations
or measures, acquire effective monopoly in trades subject to the Code.
The Government of Norway declares that it will implement the Convention in accordance with the basic concepts and considerations
herein stated and, in doing so, is not precluded by the Convention from taking appropriate steps in the event that another
contracting party adopts measures or practices that prevent fair competition on a commercial basis in its liner trades.
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21 | Toetreding door Peru onder het volgende voorbehoud: |
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22 | Ratificatie door de Sowjet-Unie (Russische Federatie) onder het volgende voorbehoud: The Government of the Union of Soviet Socialist Republics considers that the provisions of the Convention on a Code of Conduct
for Liner Conferences do not apply to joint shipping lines established on the basis of intergovernmental agreements to serve
bilateral trade between the countries concerned.
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23 | De toetreding geldt voor het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland, Gilbraltar en Hong Kong onder de volgende
voorbehouden.
- I.
In relation to the United Kingdom of Great Britain and Northern Ireland and to Gibraltar: - 1.
For the purposes of the Code of Conduct, the term ‘national shipping line’ may, in the case of a Member State of the Community,
include any vessel-operating shipping line established on the territory of such Member State in accordance with the EEC Treaty.
- 2
- (a)
Without prejudice to paragraph (b) of this reservation, Article 2 of the Code of Conduct shall not be applied in conference trades between the Member States of the Community or, on a reciprocal
basis between such States and the other OECD countries which are parties to the Code.
- (b)
Point (a) shall not affect the opportunities for participation as third country shipping lines in such trades, in accordance with the
principles reflected in Article 2 of the Code, of the shipping lines of a developing country which are recognized as national shipping lines under the Code
and which are:
- (i)
already members of a conference serving these trades; or - (ii)
- 3.
Articles 3 and 14 (9) of the Code of Conduct shall not be applied in conference trades between the Member States of the Community or, on a reciprocal
basis, between such States and the other OECD countries which are parties to the Code.
- 4.
In trades to which Article 3 of the Code of Conduct applies, the last sentence of that Article is interpreted as meaning that:
- (a)
the two groups of national shipping lines will co-ordinate their positions before voting on matters concerning the trade between
their two countries;
- (b)
this sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
- II.
In relation to Hong Kong: - 1
- (a)
Without prejudice to paragraph (b) of this reservation, Article 2 of the Code of Conduct shall not be applied in conference trades, on a reciprocal basis, between Hong Kong and any State
which ha made a reservation disapplying Article 2 in respect of its trades with the United Kingdom.
- (b)
Point (a) above shall not affect the opportunity for participation as a third country shipping lines in such trades in accordance with
the principles reflected in Article 2 of the Code, of the shipping lines of a developing country which are recognized as national shipping lines under the Code
and which are:
- (i)
already members of a conference serving these trades; or - (ii)
- 2.
In trades where Article 2 of the Code applies, Hong Kong shipping lines will, subject to reciprocity, allow participation in redistribution by lines
from any country which has agreed to allow participation by United Kingdom lines in redistribution in respect of any of its
trades.
- 3.
Article 3 and Article 14 (9) of the Code shall not be applied in conference trades, on a reciprocal basis, between Hong Kong and any State which has made
a reservation disapplying Article 3 and Article 14 (9) in respect of its trades with the United Kingdom.
- 4.
In trades to which Article 3 of the Code applies, the last sentence of that article is interpreted as meaning that:
- (i)
the two groups of national shipping lines will co-ordinate their position before voting on matters concerning the trade between
their two countries; and
- (ii)
this sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
Buitenwerkingtreding voor Hong Kong op 01-07-1997. Opzegging door het Verenigd Koninkrijk heeft op 16-10-2007 per 20-10-2008. |
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24 | Toetreding door het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland onder de volgende verklaringen: The Government of Great Britain and Northern Ireland considers that the United Nations Convention on a Code of Conduct for
Liner Conferences affords the shipping lines of developing countries extended opportunities to participate in the conference
system and is drafted so as to regulate conferences and their activities in open trades (i.e., when opportunities to compete
exist). This Government also considers that it is essential for the functioning of the Code and conference subject thereto
that opportunities for fair competition on a commercial basis by non-conference shipping lines continue to exist and that
shippers are not denied an option in the choice between conference shipping lines and non-conference shipping lines, subject
to loyalty arrangements where they exist. These basic concepts are reflected in a number of provisions of the Code itself,
including its objectives and principles, and they are expressly set out in Resolution No. 2 on non-conference shipping lines
adopted by the United Nations Conference of Plenipotentiaries.
This Government considers furthermore that any regulations or other measures adopted by a contracting party to the United
Nations Convention with the aim or effect of eliminating such opportunities for competition by non-conference shipping lines
would be inconsistent with the above-mentioned basic concepts and would bring about a radical change in the circumstances
in which conference subject to the Code are envisaged as operating. Nothing in the Convention obliges other contracting parties
to accept either the validity of such regulations or measures, or situations where conferences, by virtue of such regulations
or measures, acquire effective monopoly in trades subject to the Code.
The Government of the United Kingdom of Great Britain and Northern Ireland declares that it will implement the Convention
in accordance with the basic concepts and considerations herein stated and, in so doing, is not precluded by the Convention
from taking appropriate steps in the event that another contracting party adopts measures or practices that prevent fair competition
on a commercial basis in its liner trades.
Opzegging door het Verenigd Koninkrijk op 16-10-2007 per 20-10-2008. |
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25 | Toetreding door Zweden onder de volgende voorbehouden: - 1.
For the purposes of the Code of Conduct, the term ‘national shipping line’ may, in the case of a State member of the European
Economic Community, include any vessel-operating shipping line established on the territory of that member State, in accordance
with the Treaty establishing the European Economic Community.
- 2
- (a)
Without prejudice to paragraph (b) of this reservation, Article 2 of the Code of Conduct shall, on a reciprocal basis, not be applied in conference trades between Sweden and other OECD countries
which are parties to the Code.
- (b)
Point (a) shall not affect the opportunities for participation as third country shipping lines in such trades, in accordance with the
principles reflected in Article 2 of the Code, of the shipping lines of a developing country which are recognized as national shipping lines under the Code
and which are:
- (i)
already members of a conference serving these trades; or - (ii)
- 3.
Articles 3 and 14 (9) of the Code of Conduct shall, on a reciprocal basis, not be applied in conference trades between Sweden and other OECD countries
which are parties to the Code.
- 4.
In trades to which Article 3 of the Code of Conduct applies, the last sentence of that Article is interpreted as meaning that:
- (a)
the two groups of national shipping lines will coordinate their positions before voting on matters concerning the trade between
their two countries;
- (b)
this sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
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26 | Toetreding door Zweden onder de volgende verklaringen: The Government of Sweden considers that the United Nations Convention on a Code of Conduct for Liner Conferences affords the
shipping lines of developing countries extended opportunities to participate in the conference system and is drafted so as
to regulate conferences and their activities in open trades (i.e., when opportunities to compete exist). This Government also
considers that it is essential for the functioning of the Code and conference subject thereto that opportunities for fair
competition on a commercial basis by non-conference shipping lines continue to exist and that shippers are not denied an option
in the choice between conference shipping lines and non-conference shipping lines, subject to loyalty arrangements where they
exist. These basic concepts are reflected in a number of provisions of the Code itself, including its objectives and principles,
and they are expressly set out in Resolution No. 2 on non-conference shipping lines adopted by the United Nations Conference
of Plenipotentiaries.
This Government considers furthermore that any regulations or other measures adopted by a contracting party to the United
Nations Convention with the aim or effect of eliminating such opportunities for competition by non-conference shipping lines
would be inconsistent with the above-mentioned basic concepts and would bring about a radical change in the circumstances
in which conference subject to the Code are envisaged as operating. Nothing in the Convention obliges other contracting parties
to accept either the validity of such regulations or measures, or situations where conferences, by virtue of such regulations
or measures, acquire effective monopoly in trades subject to the Code.
The Government of Sweden declares that it will implement the Convention in accordance with the basic concepts and considerations
herein stated and, in so doing, is not precluded by the Convention from taking appropriate steps in the event that another
contracting party adopts measures or practices that prevent fair competition on a commercial basis in its liner trades.
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27 | Bekrachtiging door België onder de volgende voorbehouden: - 1.
Pour l'application du code de conduite, la notion de ‘compagnie maritime nationale’, dans le cas d'un État membre de la Communauté
économique européenne peut comprendre toute compagnie maritime exploitant de navires établie sur le territoire de cet État
membre conformément au traité instituant la Communauté économique européenne.
- 2
- a)
Sans préjudice du texte sous b) de la présente réserve, l'article 2 du code de conduite n'est pas appliqué dans les trafics de conférence entre les États membres de la Communauté et, sur une
base de réciprocité, entre ces états et les autres pays de l'OCDE qui sont partie au Code;
- b)
Le texte sous a) n'affecte pas les possibilités de participation en tant que compagnies maritimes d'un pays tiers à ces trafics, conformément
aux principes posés à l'article 2 du Code, des compagnies maritimes d'un pays en développement qui sont reconnues comme compagnies maritimes nationales aux
termes du Code et qui sont:
- i)
déjà membres d'une conférence assurant ces trafics - ii)
- 3.
L'article 3 et l'article 14 du paragraphe 9 du Code de conduite ne sont pas appliqués dans les trafics de Conférence entre les États membres de la Communauté et, sur
une base de réciprocité, entre ces États et les autres pays de l'OCDE qui sont parties au Code.
- 4.
Dans les trafics où l'article 3 du Code de conduite s'applique, la dernière phrase de cet article est interprétée en ce sens que:
- a)
Les deux groupes de compagnies maritimes nationales coordonneront leurs positions avant de voter sur les questions concernant
le trafic entre leurs deux pays;
- b)
Cette phrase s'applique uniquement aux questions que l'Accord de Conférence désigne comme demandant l'assentiment des deux
groupes de compagnies maritimes nationales concernés et non pas à toutes les questions réglées dans l'accord de Conférence.
- 1.
For the purposes of the Code of Conduct, the term ‘national shipping line’ may, in the case of a State member of the European
Economic Community, include any vessel-operating shipping line established on the territory of that member State, in accordance
with the Treaty establishing the European Economic Community.
- 2
- a)
Without prejudice to paragraph (b) of this reservation, Article 2 of the Code of Conduct shall not be applied in conference trades between States members of the Community and, on a reciprocal
basis, between these States and other OECD countries which are parties to the Code:
- b)
Point (a) shall not affect the opportunities for participation as third country shipping lines in such trades, in accordance
with the principles reflected in Article 2 of the Code, of the shipping lines of a developing country which are recognized as national shipping lines under the Code
and which are:
- (i)
Already members of a conference serving these trades, or - (ii)
Admitted to such a conference under Article 1(3) of the Code.
- 3.
Articles 3 and 14(9) of the Code of Conduct shall not be applied in conference trades between the States members of the Community and, on a reciprocal
basis, between these States and other OECD countries which are parties to the Code.
- 4.
In trades to which Article 3 of the Code of Conduct applies, the last sentence of that Article is interpreted as meaning that:
- a)
The two groups of national shipping lines will coordinate their positions before voting on matters concerning the trade between
their two countries;
- b)
This sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
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28 | Bekrachtiging door België onder de volgende verklaringen: - 1.
Conformément à la résolution sur les compagnies hors conférences adoptée par la Conférence de plénipotentiaires, comme reprises
à l'Annexe II-2, de la présente Convention, le Gouvernement du Royaume de Belgique n'empêchera pas les compagnies maritimes
hors conférence de fonctionner pour autant qu'elles sont en concurrence avec les conférences sur une base commerciale tout
en respectant le principe de la concurrence loyale. Il confirme son intention d'agir conformément à ladite résolution.
- 2.
Le Gouvernement du Royaume de Belgique déclare qu'il mettra en oeuvre ladite Convention et ses annexes, conformément aux principes
fondamentaux et aux considérations qui y sont énoncés et que, ce faisant, celle-ci ne l'empêche pas de prendre les mesures
appropriées dans le cas où une autre partie contractante adopterait des mesures ou des pratiques faisant obstacle à l'exercice
d'une concurrence loyale sur une base commerciale, sur ses trafics de ligne.
- 1.
In accordance with Resolutions on non-conference shipping lines adopted by the Conference of Plenipotentiaries, as reproduced
in annex II-2 to this convention, the Government of the Kingdom of Belgium shall not prevent non-conference shipping lines
from operating, provided that they compete with the conferences on a commercial basis, respecting the principle of fair competition.
This government confirms its intention to abide by the said Resolution.
- 2.
The Government of the Kingdom of Belgium declares that it will implement the Convention and its annexes in accordance with
the basic concepts and considerations herein stated and, in so doing, is not precluded by the Convention from taking appropriate
steps in the event that another contracting party adopts measures or practices that prevent fair competition on a commercial
basis in its liner trades.
Opzegging door België op 23-10-2019 per 23-10-2020. |
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29 | Toetreding door Italië onder de volgende voorbehouden: - 1.
In application of the Code of Conduct, the concept of a ‘national shipping line’ may, in the case of a member State of the
European Community, include all shipping companies established on the territory of that member State in accordance with the
treaty setting up the European Economic Community.
- 2
- a)
Without prejudice to the text of paragraph (b) of this reservation, article 2 of the Code of Conduct shall not be applied in trade carried by a conference between the member States of the Community and,
on a reciprocal basis, between those States and the other OECD countries parties to the Code,
- b)
The text of paragraph a) shall not affect the opportunities for shipping lines of developing countries, as third-country shipping lines, to take part
in such trade in accordance with the principles set out in article 2 of the Code, provided they have been recognized as national shipping lines under the terms of the Code and:
- (i)
are already member of a conference carrying such trade, or - (ii)
have been accepted for membership of such a conference under the provisions of article 1 (3) of the Code.
- 3.
Article 3 and article 14 (9) of the Code of Conduct shall not be applied in trade carried out by a conference between the member States of the Community
and, on a reciprocal basis, between those countries and the other OECD countries parties to the Code.
- 4.
In any trade to which article 3 of the Code of Conduct applies, the last sentence of the article is taken to mean that:
- a)
The two groups of national shipping lines shall co-ordinate their positions before voting on matters relating to trade between
their two countries;
- b)
The sentence shall be applied solely to matters defined in a conference agreement as requiring the consent of the two groups
of national shipping lines concerned and not to all matters covered by the conference agreement.
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30 | Toetreding door Italië onder de volgende verklaring: The Government of the Republic of Italy - —
will not prevent non-conference lines from operating as long as they compete with conferences on a commercial basis while
adhering to the principle of fair competition, in accordance with the Resolution on non-conference lines adopted by the Conference
of Plenipotentiaries;
- —
confirms its intention of acting in accordance with the said Resolution.
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31 | Toetreding door Portugal onder de volgende voorbehouden: - 1.
In application of the Code of Conduct, the term ‘national shipping line’ may, in the case of a Member State of the European
Community, include any vessel-operating shipping line established on the territory of such Member State in accordance with
the EEC Treaty.
- 2
- a)
Without prejudice to paragraph b) of this reservation, Article 2 of the Code of Conduct shall not be applied in conference trades between the Member States of the Community and, on a reciprocal
basis, between such States and the other OECD countries which are parties to the Code.
- b)
The text of paragraph a) shall not affect the opportunities for participation as third country shipping lines in such trades, in accordance with the
principles reflected in Article 2 of the Code, of the shipping lines of developing country which are recognized as national shipping lines under the Code and
which are:
- (i)
already member of a conference serving these trades; or - (ii)
- 3.
Articles 3 and 14 (9) of the Code of Conduct shall not be applied in conference trades between the Member States of the Community and, on a reciprocal
basis, between such States and the other OECD countries which are parties to the Code.
- 4.
In trades to which article 3 of the Code of Conduct applies, the last sentence of that Article is interpreted as meaning that:
- a)
the two groups of national shipping lines will co-ordinate their positions before voting on matters concerning the trade between
their two countries;
- b)
this sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerneda and not to all matters covered by the conference agreement.
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32 | Toetreding door Portugal onder de volgende verklaringen: - 1.
The Government of Portugal considers that the United Nations Convention on a Code of Conduct for Liner Conferences affords
the shipping lines of developing countries extended opportunities to participate in the conference system and is drafted so
as to regulate conferences and their activities in open trades. The Government also considers that it is essential for the
functioning of the Code and conferences subject thereto that opportunities for fair competition on a commercial basis by non-conference
shipping lines continue to exist and that shippers are not denied an option in the choice between conference shipping lines
and non-conference shipping lines, subject to loyalty arrangements where they exist. These basic concepts are reflected in
a number of provisions of the Code itself, including its objectives and principles, and they are expressly set out in Resolution
No. 2 on non-conference shipping lines adopted by the United Nations Conference of Plenipotentiaries.
- 2.
The Government considers furthermore that any regulations or other measures adopted by a Contracting Party to the Convention
with the aim or effect of eliminating such opportunities for competition by non-conference shipping lines would be inconsistent
with the above-mentioned basic concepts and would bring about a radical change in the circumstances in which conferences subject
to the Code are envisaged as operating. Nothing in the Convention obliges other Contracting Parties to accept either the validity
of such regulations or measures or situations where conferences, by virtue of such regulations or measures, acquire effective
monopoly in trades subject to the Code.
- 3.
The Government of Portugal declares that it will implement the Convention in accordance with the basic concepts and considerations
herein stated and, in so doing, is not precluded by the Convention from taking appropriate steps in the event that another
Contracting Party adopts measures or practices that prevent fair competition on a commercial basis in its liner trades.
’
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33 | Toetreding door Spanje onder de volgende voorbehouden: For the purpose of implementing the Code of Conduct, the concept of a ‘national shipping line’ may, in the case of a State
member of the European Economic Community, include any vessel-operating shipping line established in the territory of that
State, in accordance with the Treaty establishing the European Economic Community.
- a)
Without prejudice to the text of (b) below, article 2 of the Code of Conduct shall not apply in conference trades between States members of the Community and, on the basis of
reciprocity, between these States and other Organization for Economic Cooperation and Development (OECD) countries which are
parties to the Code.
- b)
The text of a) above shall not affect the opportunities for participation in such trades, as third-country shipping lines, in accordance
with the principles set out in article 2 of the Code, by the shipping lines of a developing country which are recognized as national shipping lines under the Code
and which are:
- (I)
Members of a conference which ensures such trades, or - (II)
Article 3 and article 14, paragraph 9, of the Code shall not apply in conference trades between States members of the Community and, on the basis of reciprocity,
between these States and other OECD countries which are parties to the Code.
In trades to which article 3 of the Code applies, the final sentence of that article shall be interpreted as follows:
- a)
The two groups of national shipping lines shall coordinate their positions prior to voting on issues relating to trade between
their two countries.
- b)
This sentence shall apply solely to issues which, under the conference agreement, require the consent of the two groups of
national shipping lines concerned, and not to all issues dealt with in the conference agreement. ’
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34 | Toetreding door Spanje onder de volgende verklaring: - A.
The Government of Spain considers that the United Nations Convention on a Code of Conduct for Liner Conferences provides the
shipping lines of developing countries with ample opportunities to participate in the liner conference system, and that is
has been drafted in such a manner as to regulate conferences and their activities within a system of free trade (where there
are opportunities for non-conference shipping lines).
This Government also deems it essential to the functioning of the Code and of the conferences whose regulation is referred
to that there should continue to be opportunities for fair competition on a commercial basis for non-conference shipping lines,
and that shippers should not be denied an option in the choice between conference shipping lines and non-conference shipping
lines, subject to any loyalty arrangements where they exist. These basic concepts are reflected in several provisions of the
Code itself, including its objectives and principles, and are expressly set out in resolution No. 2, concerning non-conference
shipping lines, adopted by the United Nations Conference of Plenipotentiaries.
- B.
This Government further believes that any regulation or other measures adopted by a Contracting Party to the United Nations
Convention and having the purpose or effect of eliminating such opportunities for competition for non-conference shipping
lines would be incompatible with the basic concepts mentioned above, and would effect a radical change in the circumstances
under which conferences subject to the Code are envisaged as operative. Nothing in the Convention requires other Contracting
Parties to accept either the validity of such regulations, or measures or situations whereby conferences, through such regulations
or measures, would, in practice, acquire a monopoly on trades subject to the Code.
- C.
The Government of Spain declares that it will implement the Convention in accordance with the basic concepts and conclusions
stipulated herein and that, accordingly, the Convention shall not prevent it from taking appropriate steps in the event that
another Contracting Party adopts measures or practices which impede fair competition on a commercial basis in liner shipping
service. ’
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35 | Ondertekening door Tsjechoslowakije onder het volgende voorbehoud: ‛ The provisions of the Code of Conduct do not apply to joint line services established on the basis of intergovernmental
agreements for serving the bilateral trade; ‘Eventual one-sided regulation of the activity of non-conference lines by legislation
of individual States would be considered incompatible on the part of the Czechoslovak Socialist Republic, with the main aims
and principles of the Convention and would not be recognized as valid. ’
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36 | Verklaring van voortgezette gebondenheid van Slowakije op 28-05-1993 onder handhaving van het door Tsjechoslowakije bij de
ondertekening gemaakte voorbehoud.
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37 | Verklaring van voortgezette gebondenheid van de Tsjechische Republiek op 02-06-1993 onder handhaving van het door Tsjechoslowakije
bij de ondertekening gemaakte voorbehoud.
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38 | Soevereiniteit over Hong Kong en toepasselijkverklaring door China voor Hong Kong SAR vanaf 01-07-1997 onder de volgende verklaring: [Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention with the
reservation made by China will also apply to the Hong Kong Administrative Region.]
- 1
- A)
Without prejudice to paragraph 1 (B) of this reservation, article 2 of the Convention shall not be applied in conference trades, on a reciprocal basis, between the Hong Kong Special Administrative
Region and any State which has made a reservation disapplying article 2 in respect of its trade with the People’s Republic of China.
- B)
Paragraph 1 (A) above shall not affect the opportunity of shipping lines of a developing country for participation as third
country shipping lines in such trades in accordance with the principles reflected in article 2 of the Convention, or the shipping lines of a developing country which are recognised as national shipping lines under the
Convention and which are:
- a)
Already members of a conference serving these trades: or - b)
Admitted to such a conference under article 1(3) of the Convention.
- 2.
In trades where article 2 of the Convention applies, shipping lines incorporated in the Hong Kong Special Administrative Region will, subject to reciprocity,
allow participation in redistribution by lines from any country which has agreed to allow participation by lines of the People’s
Republic of China in redistribution in respect of its trades.
- 3.
Article 3 and article 14(9) of the Convention shall not be applied in conference trades, on a reciprocal basis, between the Hong Kong Special Administrative
Region and any State which has made a reservation disapplying article 3 and article 14(9) in respect of its trade with the People’s Republic of China.
- 4.
In trade to which article 3 of the Convention applies, the last sentence of that article is interpreted as meaning that:
- A)
The two groups of national shipping lines will coordinate their position before voting on matters concerning the trade between
their two countries; and
- B)
This sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of
national shipping lines concerned, and not to all matters covered by the conference agreement.
Dit Verdrag is buiten werking getreden voor Hongkong vanaf 01-07-1997. |
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39 | Verklaring van voortgezette gebondenheid van Montenegro op 23-10-2006. |
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40 | Verklaring van voortgezette gebondenheid van Servië op 27-04-1992 en van Montenegro op 23-10-2006. |
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41 | Verklaring van voortgezette gebondenheid van Servië op 27-04-1992. |
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42 | Verklaring van voortgezette gebondenheid van Slowakije op 28-05-1993 en van de Tsjechische Republiek op 02-06-1993. |
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