» MARITIME RELATIONS WITH THIRD COUNTRIES Worldwide shipping and global interests EU shipping is truly international, serving trades the World over. The wide spectre of shipping services connect the EU with virtually all foreign ports. At the same time, a large part of the fleet is engaged in serving the trades between the other continents – the so-called cross trades. It will be evident, therefore, that economic developments, national policies, as well as bilateral, regional and multilateral agreements account for the continued considerable interest and attention devoted by ECSA to the subject. Barriers and operational problems bilateral approaches No country prohibits EU shipping from entry to their national commercial ports. Also access to the market for international maritime transport services is largely liberal and open. This is essential for EU shipping, as well as for the national economies relying on imports and exports by sea. Nevertheless, the EU shipping industry faces barriers and varying degrees of operational and cumbersome procedural difficulties in third countries with a direct negative impact on efficiency, costs and the trade. Without being exhaustive, these obstacles include: different forms of protectionism in favour of national shipping interests and shore-based ancillary services - licensing requirements - inadequate infrastructures and equipment - organisational shortcomings - inefficient clearing and delivery of cargoes - arbitrarily implemented charges, without any services in return - unsubstantiated, unjustifiable and/or disproportionate penalties by customs or other local authorities. Prime sources of information are of course the member companies and especially their overseas representatives. On many occasions joint efforts are made in drawing the attention of the local authorities involved at different levels, offering guidance for resolving barriers and problems, promoting a more user-friendly approach and underlining the common interest in the country ’s external trade. In several instances the active support has been solicited and received from the European Commission, its local Delegations, Member States’ Embassies, as well as from World Bank representatives. While satisfactory results have been accomplished, there have also been failures and new setbacks. Illustrative cases addressed include: Tanzania, which turned back on its liberalisation drive of 1999 by excluding foreign interests from operating own shipping agencies. In West & Central Africa many countries charge arbitrary levies to maintain local interests without any service in return. They also hold shipping lines responsible with the possibility of penalties, for the cargo owners’ compliance with conceptually poor cargo tracking note systems. Bangladesh, shows protectionist policies resulting in berthing delays in already excessively expensive and inefficient ports. Another issue concerns Panama’s sudden steep increases and restructuring of the Panama Canal toll. EU-China maritime agreement welcomed ECSA welcomed the EU-China maritime agreement as negotiated and finalised in December 2001 by the Commission services, offering immediate and progressive liberalisation on a national treatment basis, legal certainty and a closer cooperation on maritime transport issues. The delayed start of negotiations on a similar EU-India maritime agreement is awaited with interest. EU Association Agreements with e.g. Chile, Mercosur and Morocco are to include maritime transport articles binding the partners to liberal conditions and to non-discrimination. In Russia’s WTO accession negotiations with the EU, maritime commitments are expected to go beyond those included in the current EU-Russia Partnership and Cooperation Agreement. WTO/GATS – the multilateral approach The main WTO event has most certainly been the conclusion in November 2001 of the Doha Development Agenda. This launched a new comprehensive Round of negotiations on trade in services, trade in goods and on agriculture aimed at ensuring a regulatory framework which can provide legal certainty and confidence to service suppliers, investors, users and consumers. Special attention is to be given to the concerns and interests of the developing nations. Enhanced liberalisation, agreed rules and long-term legal certainty are very important commercial conditions. Consequently, ECSA wholeheartedly supports and promotes the inclusion of maritime transport services in the WTO / GATS on the proviso that there is agreement on far- reaching and meaningful commitments by a sufficiently critical mass of countries. The negotiating structures for the Doha Round are now in place and substantive work is well underway. Mid 2002 the EU submitted requests to 109 countries including on maritime transport services. In essence they involve: the three pillar model schedule with multimodal clauses (as developed in the last Uruguay Round) and the free movement of equipment like empty containers and feedering of international cargoes between national ports. While exchanges will continue this autumn, the member countries will be expected to submit their “offers” by March 2003. A decision on launching negotiations on several outstanding issues, including Trade Facilitation, is only due at the Ministerial Conference in Cancun in 2003. Trade Facilitation is considered a key issue by ECSA. Trade in goods, and notably also international transport services, have much to gain from harmonised and integrated procedures of customs, other agencies and certain private actors. The WTO is expected to set a framework for implementing rules and recommendations developed and agreed in other specialised institutions such as the WCO, UNCEFACT, IMO. A well implemented Trade Facilitation agreement should also much assist the scrutiny and tracing of (containerised) cargoes in the transport chain, offering a valuable tool in the currently debated enhancement of security measures. ECSA appreciates co-operation with the relevant Commission services and the other EU Institutions in the problem solving efforts and in reaching valuable agreements, and is providing the necessary input for the further process.