Merchant Shipping (Liner Conferences) Act 1982

Main implementing provisions

1 Introductory provisions: the Code and the Contracting Parties to it.

2 Implementing regulations: the general scheme.

3 Matters which may be provided for by regulations.

4 Power to exclude or restrict operation of the Code for lack of reciprocity.

Proceedings arising out of the Code

5 Liability of members of conference to be in proportion to their responsibility.

6 Proceedings by or against unincorporated conferences.

7 Restrictions on legal proceedings.

8 Time for bringing legal proceedings.

9 Recognition and enforcement of recommendations, etc. of conciliators.

Other supplementary provisions

10 Secretary of State to be appropriate authority in the U.K.

11 Exclusion of restrictive practices law.

12 Modifications consequent on revision of Code, etc.

13 Regulations and orders: consultation and Parliamentary control.

14 Interpretation.

15 Short title, commencement and extent.

SCHEDULE THE TEXT OF THE CODE

ARRANGEMENT OF PROVISIONS

Objectives and principles

CHAPTER IDEFINITIONS

Liner conference or conference

National shipping line

Third-country shipping line

Shippers’ organisation

Goods carried by the conference

Appropriate authority

Promotional freight rate

Special freight rate

CHAPTER IIRELATIONS AMONG MEMBER LINES

Article 1 Membership

1Any national shipping line shall have the right to be...

2A shipping line applying for membership of a conference shall...

3In considering an application for membership by a shipping line...

4An application for admission or readmission to membership shall be...

5When considering applications for admission, a conference shall take into...

6In addition to the criteria for admission set out in...

Article 2 Participation in Trade

1Any shipping line admitted to membership of a conference shall...

2When a conference operates a pool, all shipping lines members...

3For the purpose of determining the share of trade which...

4When determining a share of trade within a pool of...

5If, for any one of the countries whose trade is...

6If the national shipping lines of one country decide not...

7If the national shipping lines of the countries concerned do...

8The national shipping lines of a region, members of a...

9Subject to the provisions of article 2, paragraphs 4 to...

10The application of the present article shall commence as soon...

11Shipping lines members of a conference shall be entitled to...

12The criteria for sharing and the revision of shares as...

13Where no pooling, berthing, sailing or other trade participation agreements...

14In the event of a disagreement between the national shipping...

15Other shipping lines, members of a conference, may also request...

16A conference shall provide for appropriate measures in any conference...

17The provisions of article 2, paragraphs 1 to 16 inclusive...

Article 3 Decision-making Procedures

Article 4 Sanctions

1A shipping line member of a conference shall be entitled,...

2A conference may, upon notice to be specified in the...

3No expulsion or suspension shall become effective until a statement...

4Upon withdrawal or expulsion, the line concerned shall be required...

Article 5 Self-Policing

1A conference shall adopt and keep up to date an...

Article 6 Conference Agreements

CHAPTER IIIRELATIONS WITH SHIPPERS

Article 7 Loyalty Arrangements

1The shipping lines members of a conference are entitled to...

2Whatever loyalty arrangements are made, the freight rate applicable to...

3The terms of loyalty arrangements shall provide safeguards making explicit...

4If there is a dispute between a conference and a...

Article 8 Dispensation

1Conferences shall provide, within the terms of the loyalty arrangements,...

Article 9 Availability of Tariffs and Related Conditions and/or Regulations

Article 10 Annual Reports

Article 11 Consultation Machinery

1There shall be consultations on matters of common interest between...

2The following matters,inter alia, may be the subject of consultation:...

3To the extent that they fall within the scope of...

4Consultations shall be held before final decisions are taken, unless...

5Consultations shall begin without undue delay and in any event...

6When holding consultations, the parties shall use their best efforts...

CHAPTER IVFREIGHT RATES

Article 12 Criteria for Freight-Rate Determination

Article 13 Conference Tariffs and Classification of Tariff Rates

1Conference tariffs shall not unfairly differentiate between shippers similarly situated....

2Conference tariffs should be drawn up simply and clearly, containing...

Article 14 General Freight-Rate Increases

1A conference shall give notice of not less than 150...

2At the request of any of the parties prescribed for...

3A conference, in an effort to expedite consultations, may or...

4If agreement is reached as a result of the consultations,...

5If no agreement is reached within 30 days of the...

6Subject to the provisions of article 14, paragraph 9, a...

7A deferred rebate which is due to the shipper and...

8If the trade of a country carried by shipping lines...

9Conferences should institute any general freight-rate increase effective in accordance...

Article 15 Promotional Freight Rates

1Promotional freight rates for non-traditional exports should be instituted by...

2All necessary and reasonable information justifying the need for a...

3Special procedures shall be instituted providing for a decision within...

4Information regarding the procedures for considering applications for promotional freight...

5A promotional freight rate shall be established normally for a...

6When examining a request for a promotional freight rate, the...

7Promotional freight rates are not excluded from the imposition of...

8Each shipping line member of a conference serving the relevant...

Article 16 Surcharges

1Surcharges imposed by a conference to cover sudden or extraordinary...

2Surcharges imposed on cargo moving to or from a particular...

4Unless the parties agree otherwise, within a period of 15...

5In the event of a surcharge being imposed, in exceptional...

6Financial loss incurred by the shipping lines members of a...

Article 17 Currency Changes

1Exchange rate changes, including formal devaluation or revaluation, which lead...

2Such adjustments or changes shall be subject to notice, which...

3If no agreement is reached within 15 days through consultations,...

4The provisions of article 16, paragraph 6 shall apply, adapted...

CHAPTER VOTHER MATTERS

Article 18 Fighting Ships

Article 19 Adequacy of Service

1Conferences should take necessary and appropriate measures to ensure that...

2Conferences and other parties prescribed in this Code as entitled...

3In respect of any port for which conference services are...

Article 20 Head Office of a Conference

Article 21 Representation

Article 22 Contents of Conference Agreements, Trade Participation Agreements and Loyalty Arrangements

CHAPTER VIPROVISIONS AND MACHINERY FOR SETTLEMENT OF DISPUTES

A. GENERAL PROVISIONS

1The provisions of this chapter shall apply whenever there is...

2Disputes between shipping lines of the same flag, as well...

3The parties to a dispute shall first attempt to settle...

4Disputes between the parties referred to in article 23, paragraph...

1The conciliation procedure is initiated at the request of one...

2The request shall be made: (a) In disputes relating to...

3The provisions of article 24, paragraph 2 shall not apply...

4Requests for conciliation in disputes other than those referred to...

5The time-limits specified in article 24, paragraph 2 may be...

6A request for conciliation shall be considered to have been...

7Where no request has been made within the time-limits specified...

1Where the parties have agreed that disputes referred to in...

2The provisions of article 25, paragraph 1 apply also to...

3Where conciliation proceedings have been initiated, such proceedings shall have...

1The Contracting Parties shall confer upon conferences and shippers’ organizations...

2Acceptance or rejection by a conference or shippers’ organization of...

B. INTERNATIONAL MANDATORY CONCILIATION

1In international mandatory conciliation the proceedings shall be held in...

2In determining the place of conciliation proceedings the parties and...

1For the purposes of this chapter an international panel of...

2Each Contracting Party may at any time nominate members of...

3The Registrar shall maintain the panel list and shall regularly...

1The purpose of conciliation is to reach an amicable settlement...

2The conciliators shall identify and clarify the issues in dispute,...

3The parties shall co-operate in good faith with the conciliators...

4Subject to the provisions of article 25, paragraph 2, the...

1The conciliation proceedings shall be conducted either by one conciliator...

2Where the parties cannot agree on the number or the...

3If the reply does not name a conciliator to be...

4Where the conciliators appointed in accordance with article 32, paragraphs...

1Where several parties request conciliation with the same respondent in...

2The request for consolidation shall be considered and decided upon...

1The recommendations of the conciliators shall be made in accordance...

2When the Code is silent upon any point, the conciliators...

3The conciliators shall not decideex aequo et bonoupon the dispute...

4The conciliators shall not bring a finding ofnon liqueton the...

5The conciliators may recommend those remedies and reliefs which are...

1Unless the parties have agreed before, during or after the...

2Acceptance of the recommendation must be communicated by the parties...

3Any party which does not accept the recommendation shall notify...

4When the recommendation has been accepted by the parties, the...

5A recommendation which has become binding upon the parties shall...

6Any party may make its acceptance conditional upon acceptance by...

1A recommendation shall constitute a final determination of a dispute...

2“Recommendation” includes an interpretation, clarification or revision of the recommendation...

1Each Contracting Party shall recognize a recommendation as binding between...

2A recommendation shall not be recognized and enforced at the...

3Any part of the recommendation shall not be enforced and...

1Where the recommendation has been accepted by all the parties,...

2Where the recommendation has been rejected by one or more...

3Where the recommendation has not been accepted by any of...

1Documents and statements containing factual information supplied by any party...

2Such documents and statements supplied by a party may be...

1(a) The costs of the conciliators and all costs of...

2Each party shall bear all expenses it incurs in connexion...

3Notwithstanding the provisions of article 43, paragraphs 1 and 2,...

1Failure of a party to appear or to present its...

2Before closing the proceedings, the conciliators shall grant the party...

3Failure to observe procedural time-limits laid down in this Code...

4Where the proceedings have been closed owing to one party’s...

1The conciliators shall follow the procedures stipulated in this Code....

2The rules of procedure annexed to the present Convention shall...

3If the parties agree that it may be in the...

4The conciliators shall formulate their recommendation by consensus or failing...

5The conciliation proceedings shall finish and the recommendation of the...

C. INSTITUTIONAL MACHINERY

1Six months before the entry into force of the present...

2The Registrar shall perform the following functions in consultation with...

CHAPTER VIIFINAL CLAUSES

Article 47 Implementation

1Each Contracting Party shall take such legislative or other measures...

2Each Contracting Party shall communicate to the Secretary-General of the...

Article 48 Signature, Ratification, Acceptance, Approval and Accession

1The present Convention shall remain open for signature as from...

2All States are entitled to become Contracting Parties to the...

3Ratification, acceptance, approval or accession shall be effected by the...

Article 49 Entry Into Force

1The present Convention shall enter into force six months after...

2For each State which thereafter ratifies, accepts, approves or accedes...

3Any State which becomes a Contracting Party to the present...

Article 50 Denunciation

1The present Convention may be denounced by any Contracting Party...

2Denunciation shall be notified to the depositary in writing, and...

Article 51 Amendments

1Any Contracting Party may propose one or more amendments to...

2Each proposed amendment circulated in accordance with article 51, paragraph...

3If no objection has been communicated, the amendment shall enter...

Article 52 Review Conferences

1A Review Conference shall be convened by the depositary five...

2The depository shall, four years from the date on which...

3Further review conferences shall be similarly convened every five years,...

4Notwithstanding the provisions of article 52, paragraph 1, if the...

Article 53 Functions of the Depository

1The depository shall notify the signatory and acceding States of:...

2The depository shall also undertake such actions as are necessary...

Article 54 Authentic Texts—Deposit

ANNEX TO THE CONVENTIONMODEL RULES OF PROCEDURE FOR INTERNATIONAL MANDATORY CONCILIATION

1Any party wishing to institute conciliation proceedings under the Code...

2The statement of claim shall: (a) Designate precisely each party...

3The statement of claim shall be dated and shall be...

1If the respondent decides to reply to the claim, he...

2The reply shall: (a) Contain a summary statement of pertinent...

3The reply shall be dated and shall be signed by...

1Any person or other interest desiring to participate in conciliation...

2If participation in accordance with (a) of article 34 is...

3If participation in accordance with (b) of article 34 is...

4Any objection to a request for joinder by such a...

5In the event that two or more proceedings are consolidated,...

1Any party may challenge a conciliator where circumstances exist that...

2Notice of challenge, stating reasons therefor, should be made prior...

3A conciliator who has died, resigned, become incapacitated or disqualified...

4Proceedings interrupted in this way shall continue from the point...

1The conciliators shall receive and consider all written statements, documents...

2(a) Each party may submit to the conciliators any material...

1Whenever a period of days for the doing of any...

2When the time provided for is less than seven days,...

1The conciliators shall fix the order of business and, unless...

2Unless the parties otherwise agree, the proceedings shall take place...

3The conciliators shall specifically inquire of all the parties whether...

Royal arms

Merchant Shipping (Liner Conferences) Act 1982

1982 CHAPTER 37

An Act to provide for the implementation in the United Kingdom of the Convention on a Code of Conduct for Liner Conferences signed at Geneva on 6th April 1974; and for connected purposes.

[23rd July 1982]