Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People’s Republic of China, of the other part
Date: 2002-12-06
Institutions: Austria, Belgium, China, Denmark, European Community, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom
Subjects: China, agreement (EU), carriage of goods, combined transport, international transport, maritime transport, ratification of an agreement

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AGREEMENT

on maritime transport between the European Community and its Member States, of the one part,
and the government of the People’s Republic of China, of the other part

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Parties to the Treaty establishing the European Community, hereinafter referred to as ‘Member States of the Community’,
and

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

of the one part, and

THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA,

hereinafter referred to as ‘China’,

of the other part,

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TAKING INTO ACCOUNT the Trade and Economic Cooperation Agreement between the European Economic
Community and the People’s Republic of China of May 1985;

TAKING INTO ACCOUNT the importance of the maritime relations existing between the Community and its Member
States and China;

BELIEVING that cooperation in the international maritime field between the Parties will be beneficial for the development
of the trade and economic relations between China and the Community and its Member States;

WILLING to further strengthen and consolidate the relations, on the basis of equality and mutual benefit, in the field of
international maritime transport;

RECOGNISING the importance of maritime transport services and wishing to promote even further multimodal transport
involving a sea leg in order to increase efficiencies in the transport chain;

RECOGNISING the importance of
further developing a flexible and market-oriented approach and the benefits to
economic operators of both Parties of controlling and operating their own international cargo transport services in
the context of an efficient international maritime transport system;

TAKING INTO ACCOUNT the existing bilateral maritime agreements between the Member States of the Community and
China;

SUPPORTING multilateral negotiations on maritime transport services in the World Trade Organisation;

HAVE DECIDED to conclude this Agreement and to this end have designated their plenipotentiaries:

THE KINGDOM OF BELGIUM:

Isabelle DURANT

Deputy Prime Minister and Minister for Mobility and Transport

THE KINGDOM OF DENMARK:

Bendt BENDTSEN

Minister for Economic Affairs, Trade and Industry

THE FEDERAL REPUBLIC OF GERMANY:

Manfred STOLPE

Federal Minister for Transport, Building and Housing

Wilhelm SCHÖNFELDER

Ambassador, Permanent Representative of the Federal Republic of Germany

THE HELLENIC REPUBLIC:

Georgios ANOMERITIS

Minister for Mercantile Marine

THE KINGDOM OF SPAIN:

Francisco ÁLVAREZ-CASCOS FERNÁNDEZ

Minister for Internal Development

THE FRENCH REPUBLIC:

Pierre SELLAL

Ambassador, Permanent Representative of the French Republic

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IRELAND:

Peter GUNNING

Deputy Permanent Representative of Ireland

THE ITALIAN REPUBLIC:

Pietro LUNARDI

Minister for Infrastructure and Transport

THE GRAND DUCHY OF LUXEMBOURG:

Henri GRETHEN

Minister for Economic Affairs, Minister for Transport

THE KINGDOM OF THE NETHERLANDS:

Roelf Hendrik de BOER

Minister for Transport, Communications and Public Works

THE REPUBLIC OF AUSTRIA:

Mathias REICHHOLD

Federal Minister for Transport, Innovation and Technology

THE PORTUGUESE REPUBLIC:

Luís Francisco VALENTE DE OLIVEIRA

Minister for Public Works, Transport and Housing

THE REPUBLIC OF FINLAND:

Kimmo SASI

Minister for Transport and Communications

THE KINGDOM OF SWEDEN:

Ulrica MESSING

Minister of Communications

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

David JAMIESON

Parliamentary Under-Secretary of State for Transport

THE EUROPEAN COMMUNITY:

Bendt BENDTSEN

Minister for Economic Affairs, Trade and Industry of the Kingdom of Denmark

President-in-Office of the Council of the European Union

Loyola de PALACIO

Vice-President of the Commission of the European Communities

THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA:

Chunxian ZHANG
Minister for Communications of the People’s Republic of China

WHO, having exchanged their full powers, found in good and due form,

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HAVE AGREED AS FOLLOWS:

Article 1

Aim

This Agreement is aimed at improving the conditions under
which maritime cargo transport operations are carried out to
and from China, to and from the Community, as well as to and
from the Community and China on the one hand and third
countries on the other, for the benefit of economic operators of
the Parties. It is based on the principles of freedom to provide
maritime transport services, free access to cargoes and cross
trades,
non-discriminatory
treatment in, the use of ports and auxiliary services as well as
regarding commercial presence. It covers all aspects of door-to-
door services.

unrestricted

access

and

to,

Article 3

Definitions

For the purpose of this Agreement:

(a)

the supply of services of

‘international maritime cargo transport and logistic services’
cover
international maritime
transport of cargo, and the related cargo handling, storage
clearance
and warehousing services,
services,
services, port and inland
container
forwarding
located, shipping agency services and freight
services;

station and depot

customs

Article 2

Scope

This Agreement applies to the international maritime
1.
cargo transport and logistic services,
including multimodal
operations involving a sea leg, between the ports of China
and of the Member States of the Community as well as to
the international maritime cargo transport between the ports
of the Member States of the Community.
It also applies to
cross trades and to the movement of equipment such as
empty containers, not being carried as cargo against payment,
between ports of China or between ports of a Member State of
the Community.

If vessels of one Party sail from one port of the other Party to
another or from one port of a Member State of the Community
to another to load cargo for foreign countries or discharge
cargo from abroad, it shall be regarded as a part of the inter-
national maritime transport.

This Agreement shall not apply to domestic transport purely
between the ports of China or between the ports of any
particular Member State of the Community.

2.
This Agreement shall not affect the application of the
bilateral maritime agreements concluded between China and
falling
the Member States of
outside the scope of this Agreement.

the Community for

issues

(b) ‘multimodal transport operations’

is the carriage of goods
using more than one mode of transport including a sea-leg
under a single document;

(c)

‘shipping agency services’ means activities consisting in
representing, within a given geographic area, as an agent,
the business interests of one or more shipping lines or
shipping companies, for the following purposes:

— marketing and sales of maritime transport and related
services, from quotation to invoicing, and issuance of
bills of lading on behalf of the companies, contracting
of the necessary related services, preparation of docu-
mentation, and provision of business information,

— acting on behalf of the companies organising the call of

the ship or taking over cargoes when required;

(d)

‘freight forwarding services’ means the activity consisting of
organising and monitoring shipment operations on behalf
of shippers, through contracting related services, preparation
of documentation and provision of business information;

(e)

‘shipping company’ means a company which meets the
following conditions:

(i) being constituted in accordance with the public or
the Community or a

private laws of China, or
Member State of the Community;

(ii) having its registered office or central administration or
principal place of business in China or the Community
respectively;

This Agreement shall not affect the right of vessels of
transport
to engage in cargo and passenger
the Parties or between the ports of

3.
third parties
between the ports of
either Party and a third party.

(iii) engaging in international
owned or operated vessels.

shipping service with its

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Shipping companies established outside the Community or
China and controlled by nationals of a Member State of the
Community or of China respectively, shall also be benefi-
ciaries of the provisions of this Agreement, if their vessels
in China in
are registered in that Member State or
accordance with their legislation;

(f)

‘subsidiary’ means a company owned by a shipping
company and having legal personality;

(g)

‘branch office’ means a place of business owned by a
shipping company and not having legal personality;

(h) ‘representative office’ means a representative office of a
shipping company of one Party established in the other
Party;

(i)

‘vessel’ means any merchant ship registered in accordance
with the laws of China, or the Community or its Member
States in the vessel registration office of either Party under
the national flag of that Party and engaged in international
maritime transport,
including vessels flying the flag of a
third country but owned or operated by a shipping
company of China or a Member State of the Community.
However, this term does not include warships and any other
non-commercial ships.

Article 4

Supply of services

Each Party shall continue to grant non discriminatory
1.
the other Party or
treatment
to vessels flying the flag of
operated by nationals or companies of
the other Party, as
compared to the treatment accorded to its own vessels, with
regard to access to ports, the use of infrastructure and auxiliary
maritime services of those ports, as well as related fees and
charges, customs formalities and assignment of berths and
facilities for loading and unloading.

services and terminate such provisions in the case they
exist in previous bilateral agreements within a reasonable
period of time;

administrative,

(b) abolish, upon entry into force of

this Agreement, all
unilateral
technical, or other measures,
which could constitute an indirect restriction and have
discriminatory effects on the free supply of services in inter-
national maritime transport;

(c) abstain from implementing on entry into force of

this
Agreement administrative, technical or legislative measures
which could have the effect of discriminating against
nationals or companies of the other Party in the supply
of services in international maritime transport.

One Party shall allow shipping companies of the other
4.
Party to have access to and use of, on a non-discriminatory
basis and on agreed terms between the companies concerned,
feeder services provided by shipping companies registered in the
former Party for the international cargo between the ports of
the
China or between the ports of a Member State of
Community.

Article 5

Commercial presence

for

the provision of

In respect of activities
international
maritime cargo transport and logistic services, including door-
to-door multimodal
transport operations, each Party shall
permit the shipping companies of the other Party, to establish
wholly owned or jointly-invested subsidiaries, branch or repre-
sentative offices and, as regards subsidiaries and branch offices
in accordance with its laws
to engage in economic activities,
and regulations. Such activities include, but are not limited to:

1. cargo soliciting and booking of space;

2.
The Parties undertake to apply effectively the principle of
unrestricted access to the international maritime market and
traffic on a non-discriminatory and commercial basis.

2. making, confirming, handling and issuing of the bill of
lading,
including the commonly accepted through bill of
lading in the international maritime transport; preparation
of documentation concerning transport documents and
customs documents;

In applying the principles of paragraphs 1 and 2, the

3.
Parties shall:

3. fixing, collecting and remitting freight and other charges
incurred on the basis of the service contracts or tariff rates;

(a) not introduce cargo sharing clauses in future agreements
transport

concerning maritime

countries

third

with

4. negotiating and signing service contracts;

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5. signing contracts for

trucking,

railway transport, cargo

dealing and other related auxiliary services;

shall provide, without undue delay, information concerning the
status of the application.

6. quoting and publishing tariff rates;

7. engaging in marketing activities related to their service;

8. owning

the

equipment necessary

for

the

economic

activities;

9. provision of business information by any means, including
computerised information systems and electronic data
interchange, subject to any non-discriminatory restrictions
concerning telecommunications;

10. setting up joint ventures with any locally established
shipping agency to engage in agency-related businesses,
such as organising the call of
taking
delivery of cargoes for shipment.

the vessels or

3.
To ensure that measures relating to technical standards
and licensing requirements and procedures do not constitute
unnecessary barriers to trade, requirements shall be based on
objective, non-discriminatory, pre-established and transparent
criteria, such as the ability to supply the service; and in the
case of licensing procedures, not in themselves be a restriction
on or a barrier to the supply of the service.

Article 8

Key personnel

The wholly-owned or jointly-invested subsidiaries, branch or
representative offices of the shipping companies of one Party
established in the other Party shall be entitled to employ key
personnel, in accordance with the legislation in force in the host
their nationality. Each Party shall
country,
facilitate the acquisition of work permits and visas for foreign
employees.

irrespective of

Article 6

Transparency

Article 9

Payments and capital movements

Each Party shall, after prior consultation and appropriate
1.
pre-notice, publish promptly all relevant measures of general
application, which pertain to or affect the operation of this
Agreement.

Revenues of nationals or companies of one Party derived
1.
from international maritime
and multimodal
operations in the other Party may be settled in freely convertible
currencies.

transport

2. Where publication as referred to in paragraph 1 is not
practicable, such information shall be made otherwise publicly
available.

3.
Each Party shall respond promptly to all requests by the
other Party for specific information on any of its measures of
general application within the meaning of paragraph 1.

2.
The revenues and expenses of the economic activities of
the subsidiaries and branch and representative offices of the
shipping companies of a Party established in the other Party
may be settled in the currency of the host country. The balance
fees by the abovementioned
after the payment of the local
shipping companies,
representative
offices may be freely remitted abroad at the exchange rate of
the bank on the date of remittance.

subsidiaries, branch or

Article 7

Domestic regulation

The Parties shall ensure that all measures of general appli-
transport
and

in international maritime

reasonable, objective

administered in a

1.
cation affecting trade
are
services
impartial manner.

In those cases where authorisation is

the
2.
competent authorities of a Party shall, within a reasonable
period of time after the submission of an application considered
complete under domestic laws and regulations,
inform the
applicant of the decision concerning the application. At the
request of the applicant, the competent authorities of a Party

required,

Article 10

Maritime cooperation

The Parties shall, for the purpose of promoting the development
of their maritime industry, encourage their competent autho-
rities, shipping companies, ports, relevant research institutions,
universities and colleges to cooperate, including, but not limited
to, the following fields:

1. exchange of views related to their activities in the framework

of international maritime organisations;

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2. formulate and perfect the legislation relating to maritime

transport and market administration;

applied and under the conditions laid down in that Treaty and,
on the other hand, to the territory of China.

3. promote efficient transport service for international sea trade
by the effective exploitation of the ports and fleets of the
Parties;

4. guarantee shipping safety and prevent marine pollution;

5. promote maritime education and training, especially the

training of seafarers;

6. exchange personnel scientific information and technology;

7. enhance their efforts to combat piracy and terrorism.

Article 11

Consultations and settlement of disputes

Article 14

Authentic text

This Agreement is drawn up in duplicate in the Danish, Dutch,
Italian, Portuguese,
English, Finnish, French, German, Greek,
Spanish, Swedish and Chinese languages, each of these texts
being equally authentic.

Article 15

Duration and entry into force

1.
This Agreement is concluded for a period of five years. It
shall be tacitly renewed on a yearly basis unless one of the
Parties denounces it in writing six months before the date of
expiry.

The Parties

1.
ensure the proper implementation of this Agreement.

shall establish appropriate procedures

to

This Agreement will be approved by the Parties

2.
accordance with their own procedures.

in

Should any dispute between the Parties arise from the
2.
their
of
interpretation
competent
the dispute
through friendly consultation. In the event that no agreement
is reached, it shall be settled through diplomatic channels.

application
shall

or
authorities

this Agreement,

seek to resolve

Article 12

Amendment

This Agreement may be amended by a written agreement
between the Parties and the amendment will come into force
in accordance with the procedures specified in Article 15(2).

Article 13

Territorial application

This Agreement shall apply, on the one hand, to the territories
in which the Treaty establishing the European Community is

This Agreement shall enter into force on the first day of the
second month following the date on which the Parties notify
each other that the procedures referred to in the first subpara-
graph have been completed.

3.
If this Agreement is less favourable on certain issues than
existing bilateral agreements between individual Member States
of the Community and China, the more favourable provisions
shall prevail without prejudice to Community obligations and
taking into account
the Treaty establishing the European
Community. The provisions of this Agreement replace those
of previous bilateral agreements concluded between Member
States of the Community and China,
if the latter provisions
are either inconsistent with the former, save for the situation
referred to in the preceding sentence, or identical
to them.
Provisions of existing bilateral agreements not covered by this
Agreement shall continue to apply.

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EN FE DE LO CUAL, los plenipotenciarios abajo firmantes suscriben el presente Acuerdo.

TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne aftale.

ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten dieses Abkommen unterzeichnet.

ΣΕ ΠΙΣΤΩΣΗ ΤΩΝ ΑΝΩΤΕΡΩ, οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους κάτω από την παρούσα
συμφωνία.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Agreement.

EN FOI DE QUOI, les plénipotentiaires soussignés ont apposé leur signature sur le présent accord.

IN FEDE DI CHE i Plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente accordo.

TEN BLIJKE WAARVAN de, hiertoe naar behoren gemachtigde, ondergetekenden hun handtekening onder
deze overeenkomst hebben gesteld.

EM FÉ DO QUE, os abaixo-assinados apuseram as suas assinaturas no presente Acordo.

TÄMÄN VAKUUDEKSI alla mainitut täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.

TILL BEVIS HÄRPÅ har undertecknade befullmäktigade undertecknat detta avtal.

Hecho en Bruselas, el seis de diciembre del dos mil dos.

Udfærdiget i Bruxelles den sjette december to tusind og to.

Geschehen zu Brüssel am sechsten Dezember zweitausendzwei.

'Εγινε στις Βρυξέλλες, στις έξι Δεκεμβρίου δύο χιλιάδες δύο.

Done at Brussels on the sixth day of December in the year two thousand and two.

Fait à Bruxelles, le six décembre deux mille deux.

Fatto a Bruxelles, addì sei dicembre duemiladue.

Gedaan te Brussel, de zesde december tweeduizendtwee.

Feito em Bruxelas, em seis de Dezembro de dois mil e dois.

Tehty Brysselissä kuudentena päivänä joulukuuta vuonna kaksituhattakaksi.

Som skedde i Bryssel den sjätte december tjugohundratvå.

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Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien

Cette signature engage également la Communauté française,
germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

la Communauté flamande,

la Communauté

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige
Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die
Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-
Hauptstadt.

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Για την Ελληνική Δημοκρατία

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Por el Reino de España

Pour la Republique française

Thar cheann Na hÉireann
For Ireland

Per la Repubblica italiana

Pour le Grand-Duché de Luxembourg

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Voor het Koninkrijk der Nederlanden

Für die Republik Österreich

Pela República Portuguesa

Suomen tasavallan puolesta

För Konungariket Sverige

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For the United Kingdom of Great Britain and Northern Ireland

Por la Comunidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar