1974年班轮公会行动守则公约

CONVENTION ON A CODE OF CONDUCT For LINER CONFERENCES， 1974

颁布日期：19740311 　实施日期：19831006 　颁布单位：日内瓦

　　Objectives and Principles

　　The Contracting Parties to the present Convention，

　　Desiring to improve the liner conference system，

　　Recognizing the need for a universally acceptable code of conduct forliner conferences，

　　Taking into account the special needs and problems of the developingcountries with respect to the activities of liner conferences servingtheir foreign trade，

　　Agreeing to reflect in the Code the following fundamental objectivesand basic principles：

　　（a） The objective to facilitate the orderly expansion of worldsea-borne trade；

　　（b） The objective to stimulate the development of regular andefficient liner services adequate to the requirements of the tradeconcerned；

　　（c） The objective to ensure a balance of interests between suppliersand users of liner shipping services；

　　（d） The principle that conference practices should not involve anydiscrimination against the shipowners， shippers or the foreign trade ofany country；

　　（e） The principle that conferences hold meaningful consultations withshippers' organizations， shippers' representatives and shippers onmatters of common interest， with， upon request， the participation ofappropriate authorities；

　　（f） The principle that conferences should make available to interestedparties pertinent information about their activities which are relevant tothose parties and should publish meaningful information on theiractivities.

　　Have agreed as follows：

　　PART ONE

　　CHAPTER I. DEFINITIONS

　　Liner conference or conference

　　A group of two or more vessel-operating carriers which providesinternational liner services for the carriage of cargo on a particularroute or routes within specified geographical limits and which has anagreement or arrangement， whatever its nature， within the framework ofwhich they operate under uniform or common freight rates and any otheragreed conditions with respect to the provision of liner services.

　　National shipping line

　　A national shipping line of any given country is a vessel-operatingcarrier which has its head office of management and its effective controlin that country and is recognized as such by an appropriate authority ofthat country or under the law of that country.

　　Lines belonging to and operated by a joint venture involving two ormore countries and in whose equity the national interests， public and orprivate， of those countries have a substantial share and whose head officeof management and whose effective control is in one of those countries canbe recognized as a national line by the appropriate authorities of thosecountries.

　　Third-country shipping line

　　A vessel-operating carrier in its operations between two countries ofwhich it is not a national shipping line.

　　Shipper

　　A person or entity who has entered into， or who demonstrates anintention to enter into， a contractual or other arrangement with aconference or shipping line for the shipment of goods in which he has abeneficial interest.

　　Shippers' organization

　　An association or equivalent body which promotes， represents andprotects the interests of shippers and， if those authorities so desire， isrecognized in that capacity by the appropriate authority or authorities ofthe country whose shippers it represents.

　　Goods carried by the conference

　　Cargo transported by shipping lines members of a conference inaccordance with the conference agreement.

　　Appropriate authority

　　Either a government or a body designated by a government or bynational legislation to perform any of the functions ascribed to suchauthority by the provisions of this Code.

　　Promotional freight rate

　　A rate instituted for promoting the carriage of non-traditionalexports of the country concerned.

　　Special freight rate

　　A preferential freight rate， other than a promotional freight rate，which may be negotiated between the parties concerned.

　　CHAPTER II. RELATIONS AMONG MEMBER LINES

　　Article 1 Membership

　　1. Any national shipping line shall have the right to be a full memberof a conference which serves the foreign trade of its country， subject tothe criteria set out in Article 1， paragraph 2. Shipping lines which arenot national lines in any trade of a conference shall have the right tobecome full members of that conference， subject to the criteria set out inArticle 1， paragraphs 2 and 3， and to the provisions regarding the shareof trade as set out in Article 2 as regards third-country shipping lines.

　　2. A shipping line applying for membership of a conference shallfurnish evidence of its ability and intention， which may include the useof chartered tonnage， provided the criteria of this paragraph are met， tooperate a regular， adequate and efficient service on a long-term basis asdefined in the conference agreement within the framework of theconference， shall undertake to abide by all the terms and conditions ofthe conference agreement， and shall deposit a financial guarantee to coverany outstanding financial obligation in the event of subsequentwithdrawal， suspension or expulsion from membership， if so required underthe conference agreement.

　　3. In considering an application for membership by a shipping linewhich is not a national line in any trade of the conference concerned， inaddition to the provisions of Article 1， paragraph 2， the followingcriteria， inter alia， should be taken into account：

　　（a） The existing volume of the trade on the route or routes served bythe conference and prospects for its growth；

　　（b） The adequacy of shipping space for the existing and prospectivevolume of trade on the route or routes served by the conference；

　　（c） The probable effect of admission of the shipping line to theconference on the efficiency and quality of the conference service；

　　（d） The current participation of the shipping line in trade on thesame route or routes outside the framework of a conference； and

　　（e） The current participation of the shipping line on the same routeor routes within the framework of another conference.

　　The above criteria shall not be applied so as to subvert theimplementation of the provisions relating to participation in trade setout in Article 2.

　　4. An application for admission or readmission to membership shall bepromptly decided upon and the decision communicated by a conference to anapplicant promptly， and in no case later than six months from the date ofapplication. When a shipping line is refused admission or readmission theconference shall， at the same time， give in writing the grounds for suchrefusal.

　　5. When considering applications for admission， a conference shalltake into account the views put forward by shippers and shippers'organizations of the countries whose trade is carried by the conference，as well as the views of appropriate authorities if they so request.

　　6. In addition to the criteria for admission set out in Article 1，paragraph 2， a shipping line applying for readmission shall also giveevidence of having fulfilled its obligations in accordance with Article 4，paragraphs 1 and 4. The conference may give special scrutiny to thecircumstances under which the line left the conference.

　　Article 2 Participation in Trade

　　1. Any shipping line admitted to membership of a conference shall havesailing and loading rights in the trades covered by that conference.

　　2. When a conference operates a pool， all shipping lines members ofthe conference serving the trade covered by the pool shall have the rightto participate in the pool for that trade.

　　3. For the purpose of determining the share of trade which memberlines shall have the right to acquire， the national shipping lines of eachcountry， irrespective of the number of lines， shall be regarded as asingle group of shipping lines for that country.

　　4. When determining a share of trade within a pool of individualmember lines， and/or groups of national shipping lines in accordance withArticle 2， paragraph 2， the following principles regarding their right toparticipation in the trade carried by the conference shall be observed，unless otherwise mutually agreed：

　　（a） The group of national shipping lines of each of two countries theforeign trade between which is carried by the conference shall have equalrights to participate in the freight and volume of traffic generated bytheir mutual foreign trade and carried by the conference；

　　（b） Third-country shipping lines， if any， shall have the right toacquire a significant part， such as 20 per cent， in the freight andvolume of traffic generated by that trade.

　　5. If， for any one of the countries whose trade is carried by aconference， there are no national shipping lines participating in thecarriage of that trade， the share of the trade to which national shippinglines of that country would be entitled under Article 2， paragraph 4 shallbe distributed among the individual member lines participating in thetrade in proportion to their respective share.

　　6. If the national shipping lines of one country decide not to carrytheir full share