Maritime Transport Note: Unless specified, please give information for the latest year available and indicate which year. If insufficient space is provided, please attach additional information on separate sheets. Please report all monetary values in their reported currencies. Within this section of the questionnaire, two concepts will be frequently encountered: commercial presence and cross-border supply. They are alternative modes of supply and are defined by the WTO in the context of the GATS schedules of commitments. To avoid confusion, a preliminary discussion of the two concepts is necessary. Foreign suppliers provide services according to the “cross-border” mode if they operate from their own country without establishing a local branch or subsidiary or acquiring shares in a firm located in the country to which the service is destined. The “commercial presence” mode of supply means exactly the contrary, i.e. the foreign firms establish locally in the country where they want to supply the service and open a branch, subsidiary or participate to the capital of a local firm (the share can go up to 100%). A. Market Access Commercial presence 1. Are there policy restrictions to new entry (refer only to commercially-established operators)? Service International shipping Cabotage Cargo handling Storage and warehousing Freight forwarding Pilotage, towing and tying Maintenance and repair of vessels If yes, total Entry by any number of Firm firms allowed No Yes No Yes No Yes No Yes No Yes No Yes No Yes Entry by Firms with foreign participation1 No Yes No Yes No Yes No Yes No Yes No Yes No Yes If yes, number of firms with foreign participation allowed 2. If entry is restricted, what are the reasons provided by the government? Use the definitions below to fill in the table: 1—To give the incumbent(s) time to prepare for competition. If so, please specify how much time is given. 2—To increase government revenue from privatization or license fees 3—Exclusive rights believed necessary to attract (strategic) investment. If so, please specify how many and how long exclusive rights are provided. Reasons 1 This category also includes branches and subsidiaries of foreign suppliers. Service International shipping Cabotage Cargo handling Storage and warehousing Freight forwarding Pilotage, towing and tying Maintenance and repair of vessels 1 2 3 Other (describe in brief) Cross-border supply 3. Describe restrictions on cross-border supply imposed on foreign shipping companies: Restriction Application of principle of reciprocity Restrictions on the number of foreign suppliers (indicate how many foreign suppliers are allowed) Application of UN Liner Code (provide quota applicable to foreign suppliers) Bilateral agreements including cargo-sharing clauses (provide total number and list countries affected) Cargo reservation if different from the application of UN Liner Code and bilateral agreements (provide quota applicable to foreign suppliers) International Shipping Cabotage Liner Tramp Liner Tramp No Yes No Yes No Yes No Yes Other:___________________ 4. If cross-border entry is restricted, what are the reasons provided by the government? To give the incumbent(s) time to prepare for competition. If so, please specify the duration given. For national security reasons. Other (please specify) International Shipping No Yes Cabotage No Yes No No Yes Yes 5. Please fill in the following table with information referring to the main international port (in terms of traffic): Port service Pilotage Towing Tug assistance Navigation aids Berthing Waste disposal Anchorage Other (please specify) Are the following services mandatory for ships entering the port? No Yes No Yes No Yes No Yes No Yes No Yes No Yes Is access to service discriminatory for foreign carriers as opposed to domestic ones? No Yes No Yes No Yes No Yes No Yes No Yes No Yes B. Ownership 6. Is private ownership in the provision of services through commercial establishment allowed? Service International shipping Cabotage Cargo handling Storage and warehousing Freight forwarding Pilotage, towing and tying Maintenance and repair of vessels Maximum Existing private equity operators permitted (%) No Yes No Yes No Yes No Yes No Yes No Yes No Yes New entrants No Yes No Yes No Yes No Yes No Yes No Yes No Yes Maximum private equity permitted (%) 7. Is foreign ownership in the provision of services through commercial establishment allowed? Service International shipping Cabotage Cargo handling Storage and warehousing Freight forwarding Pilotage, towing and tying Maintenance and repair of vessels Existing operators No Yes No Yes No Yes No Yes No Yes No Yes No Yes Maximum foreign equity permitted (%) New entrants No Yes No Yes No Yes No Yes No Yes No Yes No Yes Maximum foreign equity permitted (%) 8. Please fill in the table below, for the 5 most important international maritime ports with respect to the amount of traffic. Port Port Authority Public Private Public Private Public Private Public Private Public Private Port type2 Landlord Landlord Landlord Landlord Landlord Tool Tool Tool Tool Tool Service Service Service Service Service Other Other Other Other Other C. Market Structure 9. Please list the characteristics of the 6 most important shipping lines in terms of market share in the total maritime traffic (include foreign cross-border suppliers as well as commerciallyestablished companies). Company Year of service Residency commencement (domestic/foreign) International shipping Market share Cabotage 10. Please indicate the total number of commercially established operators providing the following services in the main international port (in terms of traffic)3: International shipping Cabotage Cargo handling Storage and warehousing Freight forwarding Pilotage, towing and tying Maintenance and repair of vesse1s ________ ________ ________ ________ ________ ________ ________ 11. Please list the characteristics of the 6 most important commercially established operators in terms of market share. 2 In the case of landlord ports, the port authority typically owns and manages infrastructure, private firms are able to own superstructure, and provide port services as well as rent port assets by concessions or licenses. In the case of tool ports, port authority owns infrastructure and superstructure, private firms provide services by renting port assets through concessions and licenses. In the case of service ports, the port authority owns assets and supplies services by directly hiring employees. 3 Exclude from port ranking the ports that are fully specialized on tanker or other bulk shipping services. Name of firm Year of service commencement Market share International shipping Cabotage Cargo handling Storage and warehousing Freight forwarding Pilotage, towing and tying Maintenance and repair of vessels Owners of capital and their respective shares (domestic/foreign) 12. How many conferences exist in the maritime services market? 13. What is the market share of conferences? __________% 14. Apart from conferences, are global alliances present in the market? If so what is their market share? D. Regulation 15. Characteristics of the sector regulator Institutional status of sector regulator When was the regulator established? Is the regulator an institutionally independent agency?4 How is the sector regulator financed? License and other fees (%) State budget (%) Other ________________ (%) How many technical and economic professionals are employed? For carriers For ports No No Yes Yes 16. What are the conditions that a vessel or fleet must fulfill in order to fly the national flag (if a national merchant fleet does not exist or an “open registry” system is in place, please specify). 17. If applicable, what are the conditions that a vessel or fleet must fulfill in order to be transferred to open registries? 18. Is authorization required for the transfer to the open registries? No Yes If yes, who authorizes? 19. If applicable, what are the conditions that a vessel or fleet must fulfill in order to be included in the “second registry”? 20. Is any compensation mechanism instituted for vessels national flagged? No Yes If yes, please specify the type of compensation mechanism. “Institutionally independent” means that the regulator is not part of the ministry and is not linked to the operating entity (national carriers/port authorities) 4 21. Regulation of carrier agreements a) Do agreements between transport carriers (such as conferences) benefit from exemptions to competition law? No Yes If yes, what types of carrier agreements benefit from exemptions? b) What types of conference agreements are allowed? Open Closed Both open and closed c) Are tariffs established by carrier agreements required to be filed or notified? No Yes d) Does the government enforce tariffs agreed upon within carrier agreements? No Yes e) Is fare discounting allowed? No Yes f) Does the regulatory agency monitor conferences’ activities? No Yes 22. How are licenses for commercially-based operators providing maritime services allocated? a) If the number of providers is not restricted by policy, specify the main conditions new entrants must fulfill. Service International shipping Cabotage Cargo handling Storage and Warehousing Freight forwarding Pilotage, towing and tying Maintenance and repair of vessels Payment of license fee (indicate amount in local currency) Other (describe in brief) b) If the number of providers is limited by policy, through what mechanism are licenses allocated? Service International shipping Cabotage Cargo handling Storage and warehousing Freight forwarding Pilotage, towing and tying Maintenance and repair of vessels Competitive tender First come, first served Discretionary decision Other (describe in brief) c) Can the licenses be sold, once allocated? No Yes 23. If the cross-border service provision by foreign carriers requires the appointment of a domestic agent, describe conditions that the agent must fulfill. Services Conditions International shipping Cabotage 24. What are the licensing requirements for the cross-border service provision by foreign suppliers? Services License requirements International shipping Cabotage 25. Does port state control principle exist? No Yes If yes, please specify reasons. 26. Public consultation and transparency a) Which of the following are consulted in advance of regulatory decisions? Service providers Consumer groups User industries Other: _____________________ b) How are laws and regulatory decisions made public? Published on the regulator’s website Published in an official gazette Other: _____________________ E. Regional Integration Agreements in Maritime Transport Services 27. Please indicate if there are any preferential arrangements affecting maritime transport services, and list the preferential5 measures. Name of agreement Partner country(s) in agreement Date of entry into force Preferential measures 28. Do regional integration agreements harmonize rules and standards among parties to the agreements? No Yes F. Past and Future Changes in Policy 29. Please indicate major changes in market access policies, ownership rules, and regulation since 1990 (e.g., elimination of cargo sharing, UN Liner Code implementation and phasing out, privatization of state-owned shipping companies, elimination of restrictions applied to foreign service suppliers etc.) Please attach copies of laws and regulations. Area of policy change (market access, ownership or regulation) Year of change Description of change 30. Please indicate announced or anticipated changes in the same areas. Area of policy change (market access, ownership or regulation) 5 Anticipated date Description of change Please, specify how the treatment of maritime transport service providers of member countries of the agreement differs from the treatment of maritime transport service providers of non-member countries. G. Subsidies and Universal Service 31. How does the government define universal service (or universal access)? 32. Does the government subsidise domestic shipping companies? No Yes If yes, please indicate the shipping company. 33. Has the government covered operational losses of shipping companies in the past five years? No Yes If yes, please indicate the amount in 1995 and in 2000. H. Employment 34. Main employment indicators (for the years 1990-2000) How many people are employed in the provision of maritime transport services? _______ What share of the total labor force is employed in this sector? _______ What share of workers is employed by state-owned operators? _______ What share of workers is employed by foreign-owned operators? _______ How many workers are employed at the main international port? _______ What share of workers employed in port services are unionized? _______ What is the annual average wage in this sector? _________ If time-series data from 1990 to 2000 is not available, please collect indicators for the years 1990, 1995 and 2000. I. Investment 35. Investment indicators (for the years 1990-2000) Services Total amount of investment Total amount of foreign direct investment Total stock of foreign direct investment International shipping Cabotage Cargo handling Storage and warehousing Freight forwarding Pilotage, towing and tying Maintenance and repair of vessels If time-series data from 1990 to 2000 is not available, please collect indicators for the years 1990, 1995 and 2000. J. Prices 36. Please fill in the table below. For a comprehensive assessment of maritime transport performance, it would be extremely useful to have historical data on prices or price indices for the various services. If time series data are available, please attach them separately (preferably electronically). Indicator Liner freight rate for standard shipment from main international port to Sao Paulo (or relevant neighboring country) Liner freight rate for standard shipment from main international port to Hong Kong Liner freight rate for standard shipment from main international port to Rotterdam Liner freight rate for standard shipment from main international port to New York Dry bulk charter rate for standard shipment from main international port to Sao Paulo (or relevant neighboring country) Dry bulk charter rate for standard shipment from main international port to Hong Kong Dry bulk charter rate for standard shipment from main international port to Rotterdam Dry bulk charter rate for standard shipment from main international port to New York Tanker freight rate for standard shipment from main international port to Sao Paulo (or relevant neighboring country) Tanker freight rate for standard shipment from main international port to Hong Kong Tanker freight rate for standard shipment from main international port to Rotterdam Tanker freight rate for standard shipment from main international port to New York Cargo handling rates applicable at the main international port Forwarding rate applicable at the main international port Value Date Comments Other available port service charges at main international port (pilotage, storage etc.) K. Quality and Access to Services 37. Please fill in the following indicators of quality and access to services. Indicator Average duration of cargo turnover at main international port6 Share of international trade, by quantity and/or value, carried by sea Share of international trade, by quantity and/or value, carried by liners Average amount of dry bulk loaded at the main international port Average amount of dry bulk unloaded at the main international port Average amount of tanker freights loaded at the main international port Average amount of tanker freights unloaded at the main international port Share of liner shipping, by quantity and/or value, carried by conferences Share of liner shipping, by quantity and/ or value, carried by global alliances Share of liner shipping, by quantity and/or value, which is containerized Value Date Comments Please, provide the name and contact information of the respondent of this questionnaire, or of a specialist from whom we can obtain clarifications if necessary. Name_________________________________________________________________________ Telephone_____________________________________________________________________ Fax___________________________________________________________________________ E-mail address:__________________________________________________________________ 6 Measured from the moment the goods reach the port until the departure of the vessel