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Since March, 2007, the members of IADA, IRA, ISAA and IRSA subsequently
filed collective agreements on increasing THC level in South China
with the MOC's Water Transport Department. After examination,
MOC found that :
| 1. |
ISAA and IRSA have not filed
their organization's constitution agreements with the MOC
in accordance with the <Maritime Regulation of the People's
Republic of China>, and the members of ISAA and IRSA are
in violation of the rule of consultation, establishment and
implementation of the relevant freight agreements in relation
to Chinese ports. |
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| 2. |
According to the < NOTICE
ON STRENGTHENING SUPERVISION ON LINER CONFERENCES AND FREIGHT
DISCUSSION AGREEMENTS> (Decree No. 10 issued by Ministry
of Communication, PRC on March 12, 2007), all liner conferences
and liner freight agreements must each file their own designated
liaison offices with the MOC before April 15, 2007. However,
IADA and IRA failed to do so. |
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| 3. |
In their submission of the materials
to MOC on increasing THC level in South China, the members
of IADA and IRA failed to submit the explanation materials
on the reason and evidence of increasing THC level, and they
also failed to submit materials of effective consultations
with the relevant shipper organizations in China. |
According to the above, MOC has concluded that:
| 1. |
In the light of ISAA and IRSA
have not filed their organization constitution agreements
with the MOC in accordance with the <Maritime Regulation
of the People's Republic of China>, therefore, MOC considers
that the agreements concluded by ISAA and IRSA in relation
to Chinese ports are invalid, their agreements on increasing
THC level in South China starting from May 15, 2007 should
be cancelled, and they cannot conduct any such activities
in China within one year starting from April 28, 2007, and
all their members cannot consult, establish, and implement
ISAA and IRSA's any operation and freight agreements. At the
same time, MOC will penalize members of ISAA and IRSA according
to Article 48 of the Maritime Rule of China. |
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| 2. |
In
the light -of IRA and IADA failed to file their designated
liaison offices with the MOC according to MOC's Decree No.
10, and their members submitted incomplete materials on increasing
THC level in South China, therefore, MOC does not accept their
filing materials. All their members cannnot implement IRA
and IADA's agreements on increasing THC level in South China
. |
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