International maritime transport
1. This Agreement applies to international maritime transport between the ports of Ukraine and of the Member States of the European Union and between the ports of the Member States of the European Union. It also applies to trades between the ports of Ukraine and third countries and between the ports of the Member States of the European Union and third countries.
2. This Agreement shall not apply to domestic maritime transport between the ports of Ukraine or between the ports of individual Member States of the European Union. Notwithstanding the previous sentence, the movement of equipment, such as empty containers, not being carried as cargo against payment between the ports of Ukraine or between the ports of individual Member States of the European Union shall be regarded as a part of international maritime transport.
3. For the purposes of this Sub-section and Sections 2, 3 and 4 of this Chapter:
(a) "international maritime transport" includes door to door and multi-modal transport operations, which is the carriage of goods using more than one mode
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of transport, involving a sea-leg, under a single transport document, and to this effect direct contracting with providers of other modes of transport;
(b) "maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:
(i) the loading/discharging of cargo to/from a ship;
(ii) the lashing/unlashing of cargo;
(iii) the reception/delivery and safekeeping of cargoes before shipment or after discharge;
(c) "customs clearance services" (alternatively "customs house brokers' services") means activities consisting in carrying out on behalf of another Party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity;
(d) "container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments;
(e) "maritime 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:
(i) marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information;
(ii) acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
(f) "freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
(g) "feeder services" means the pre- and onward transportation of international cargoes by sea, notably containerised, between ports located in a Party.
4. Each Party shall grant to vessels flying the flag of the other Party or operated by service suppliers of the other Party treatment no less favourable than that accorded to its own vessels, or those of any third country, whichever are the better, with regard to, inter alia, access to ports, the use of infrastructure and services of ports, and the
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use of maritime auxiliary services34, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.
5. The Parties shall apply effectively the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis.
6. In applying the principles of paragraphs 4 and 5 [of this Article], the Parties shall, upon entry into force of this Agreement:
(a) not introduce cargo sharing arrangements in future agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate such cargo sharing arrangements in the case they exist in previous agreements; and
(b) abolish or abstain from implementing any administrative, technical, or other measures, which could constitute an indirect restriction and have discriminatory effects against nationals or companies of the other Party in the supply of services in international maritime transport.
7. Each Party shall permit service suppliers of international maritime transport of the other Party to have establishments in its territory under conditions of establishment and operation no less favourable than those accorded to its own service suppliers or those of any third country, whichever are the better. In accordance with the provisions of Section 2 [of this Chapter], in respect of the activities of such establishments, each Party shall permit the service suppliers of the other Party, in accordance with its laws and regulations, to engage in economic activities, such as, but not limited to:
(a) publishing, marketing and sales of maritime transport and related services, from quotation to invoicing, on their own account or on behalf of other service suppliers of international maritime transport, through direct contact with customers;
(b) provision of business information of any means, including computerised information systems and electronic data interchange (subject to any non-discriminatory restrictions concerning telecommunications);
(c) preparation of documentation concerning transport and customs and other documents related to the origin and character of what is being transported;
(d) organising the call of the vessels or taking delivery of cargoes on their own account or on behalf of other service suppliers of international maritime transport;
(e) setting up of any business arrangement with any locally established shipping agency, including participation in the company's stock and the appointment of
34 Maritime Auxiliary Services include Maritime Cargo Handling Services, Storage and warehousing Services, Customs Clearance Services, Container Station and Depot Services, Maritime Agency Services, (Maritime) Freight Forwarding Services, Rental of Vessels with Crew, Maintenance and repair of vessels, Pushing and towing services, and Supporting services for maritime transport.
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personnel recruited locally or recruited from abroad subject to the relevant provisions of this Agreement;
(f) purchase and use, on their own account or on behalf of their customers (and the resale to their customers), of transport services by all modes, including inland waterways, road and rail, and services auxiliary to all modes of transport, necessary for the supply of an integrated transport service;
(g) owning the equipment necessary for conducting economic activities.
8. Each Party shall make available to service suppliers of international maritime transport of the other Party on reasonable and non-discriminatory terms and conditions the following services at the port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captain’s services, navigation aids, shore-based operational services essential to ship operations, including communications, water and electrical supplies, emergency repair facilities, anchorage, berth and berthing services.
9. Each Party shall allow services suppliers of international maritime transport of the other Party to provide international maritime transport services involving a sea-leg in the inland waterways of the other Party.
10. Each Party shall allow services suppliers of international maritime transport of the other Party to have use of, on a non-discriminatory basis and on agreed terms between the companies concerned, feeder services between the ports of Ukraine or between the ports of individual Member States of the European Union that are provided by the service suppliers of maritime transport registered in the former Party.
11. This Agreement shall not affect the application of the maritime agreements concluded between Ukraine and the Member States of the European Union for issues falling outside the scope of this Agreement. If this Agreement is less favourable on certain issues than existing agreements between individual Member States of the European Union and Ukraine, the more favourable provisions shall prevail without prejudice to EU Party obligations and taking into account the Treaty on the Functioning of the European Union. The provisions of this Agreement replace those of previous bilateral agreements concluded between Member States of the European Union and Ukraine, if the latter provisions are either inconsistent with the former except 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.