apeclinershippingcompetitionpolicy(编辑修改稿)

apeclinershippingcompetitionpolicy(编辑修改稿)内容摘要：

sharing, space charter and swap agreements are typically between two carriers. We have found clauses in nonratemaking agreements which covered:  Duration (term)  Termination and withdrawal  Voting  New entrants  Subchartering (to third parties). An evaluation of these types of clauses, in terms of possible impacts on petition, will be presented in the forthing Stage Two Study Report. Liner Shipping Competition Policy: NonRatemaking Agreements Study (Stage 1) 4 1. INTRODUCTION Background to the study The overall objective of this study is to support the implementation of the Bogor Goals in the maritime sector. The Maritime Expert Group (MEG) agreed at the 25th APEC TPTWG meeting in Washington DC in June 2020 to pursue these goals by adopting the nine policy elements of the Facilitation of International Shipping Project. The second of these policy elements is that: APEC member economies develop a set of guidelines relating to liner shipping. This study is intended to contribute to the implementation of this particular policy element by focussing on the development of guidelines for APEC member economies to address the nonpetitive aspects of nonratemaking agreements among liner shipping panies. The scope and approach of the study involves identifying and analysing existing nonratemaking agreements in the APEC region and evaluating their impacts on petition, shippers, ports, inland transporters and trade, in order to develop a suitable set of mon (harmonised) regulatory guidelines which both promote the positive aspects of such agreements and address the nonpetitive aspects. It is believed that few, if any, of the advanced economies have legislation that specifica lly addresses the possible nonpetitive aspects of nonratemaking agreements. These agreements would therefore be subject to petition laws or antitrust regulations in those economies. However, there are monly held views by a number of international trade anisations and regulatory bodies that nonratemaking agreements should be allowed as a valid operational tool as long as they do not provide undue market power to the group of carriers involved. The overall study has been conducted in two phases using a threestage approach:  Stage one – Information gathering  Stage two – Evaluation  Stage three – Policy remendations and the development of general guidelines. The first phase prises stage one which then informs the second phase consisting of stages two and three. This document is a Progress Report and covers stage one of the study. Methodology of Stage One The methodology used in stage one of the study consisted of a bination of literature research, investigation of registered liner shipping agreements with various APEC member economy governmental anisations (where publicly filed), followed by a sample set of field visits to Canada, the People‟s Republic of China (PRC), Japan, and the Republic of Korea, to discuss the initial findings with the various local stakeholders (governmental anisations, shipping lines, shipper bodies, etc.) to either confirm or expand upon the initial findings. Liner Shipping Competition Policy: NonRatemaking Agreements Study (Stage 1) 5 Structure of Stage One report This stage one report is divided into four main topic areas:  Identification of nonratemaking agreements in the APEC region, including discussion of the various legislative requirements (if existing) to register these agreements in the APEC member economy  Categorisation of the identified nonratemaking agreements into various meaningful types  Analysis of the prevalence of the various types of nonratemaking agreements occurring in the APEC region, and  Analysis of the content of typical nonratemaking agreements occurring in the APEC region. The reader should be aware of a glossary and definitions contained in Appendix One which aims to improve the readability of the report. The report is also fully referenced to ensure that sources of information and opinions are clearly stated (. as Meyrick and Associates or third parties). 2. BACKGROUND DEVELOPMENTS IN EUROPE Before focussing on the APEC region, it is worthwhile examining the most recent developments in the European Union as these are likely to be relevant and offer guidance to this study on liner nonratemaking agreements given that some of the most important trades to/from Europe are with APEC member economies. The European Council, on the remendation of the European Commission‟s petition directorate, recently decided to repeal the petition block exemption regulation 4056/86 for liner shipping ratemaking conferences. This means that as of October 2020, carriers will be subject to normal European Union petition law with regard to the collective setting of freight rates and capacity regulation. As a followup to the repeal of the block exemption regulation 4056/86, the European Commission intends to issue a set of Guidelines to assist the maritime transport sector. These Guidelines, released in September 2020, are currently in draft form and are being finalised in consultation with industry. The Guidelines are intended to help maritime transport panies carry out a selfassessment of whether their agreements with other maritime transport panies ply with European Union petition law. It is worth noting the following text of the draft Guidelines in the context of this study: Horizontal agreements in the maritime transport sector Cooperation agreements are a mon feature of maritime transport markets. Considering that these agreements may be entered into by actual or potential petitors and may adversely affect the parameters of petition, undertakings must take special care to ensure that they ply with the petition rules. In service markets, such as。