WTO AND MARITIME TRANSPORT AN OPERA IN 3

WTO AND MARITIME TRANSPORT AN OPERA IN 3 ACTS AND ONE INTERMISSION (SO FAR) 1

WTO AND MARITIME TRANSPORT OVERTURE: HOW THE GATS WAS DRAFTED 2

WTO AND MARITIME TRANSPORT GATS commitments: • Guarantee the conditions of operation of foreign services suppliers at a certain negotiated level of market access and national treatment • Ensure that this level cannot be deteriorated • Make this level available as a minimum to all WTO Members • Are subject to periodic negotiations with a view to improve them 3

WTO AND MARITIME TRANSPORT “Scheduling” principles: • Positive listing of sectors • Negative listing of restrictions • M. A. – discriminatory and non-discriminatory measures – 6 exhaustive categories: number of suppliers, value of transactions/assets, number of operations, number of persons, legal form, foreign capital 4

WTO AND MARITIME TRANSPORT Scheduling principles (continued) • NT: any discriminatory measure de facto or de jure • The modes of delivery; cross-border, consumption abroad, commercial presence, temporary movement of natural persons • The additional commitments • The freedom to modulate • The minimum MFN standard effect 5

WTO AND MARITIME TRANSPORT Sector or subsector 11. Maritime transport services b. Freight transportation (CPC 72212) Additional commitments TRANSPORT SERVICES A. Limitations on market Limitations on national access treatment (1) (2) (3) (4) None Maximum foreign participation: 40% Unbound (1) (2) (3) None (4) Unbound 6

WTO AND MARITIME TRANSPORT ACT 1: URUGUAY ROUND 7

WTO AND MARITIME TRANSPORT • Classic market access negotiations • Finally: No sectoral Annex • But works on a “Maritime Model Schedule” (MMS) 8

WTO AND MARITIME TRANSPORT URUGUY ROUND RESULTS • No “critical mass” according to some of the main players • Negotiations extended – In a package with telecom and financial services – But with different dates (May 94 -June 96) – MFN suspended, except for commitments undertaken – Standstill – Plurilateral voluntary negotiating group created: Negotiating Group on Maritime Transport Services (NGMTS) 9

WTO AND MARITIME TRANSPORT Results (2/2) • 29 Members maintained their commitments which immediately entered into force, including MFN aspects. • On these 29 Members, 8 have followed the maritime model schedule. • Many MFN exemptions remained “on the books” while not needed. 10

WTO AND MARITIME TRANSPORT ACT II EXTENDED NEGOTIATIONS 1995 - 1996 11

WTO AND MARITIME TRANSPORT • Progress in the elaboration of the Maritime Model schedule (MMS). • Some parts of it remain bracketed, however. 12

Two overlapping classifications CPC A - Rental and Leasing with crew - Maintenance and repair - Pushing and towing - Supporting services for water transport by sea-going vessels* H MMS - International maritime transport (freight and passenger) - Cargo handling - Storage and warehousing - Freight forwarding - Access to/use of ports services - Container depot station - [Multimodal transport] - [Access to/use of multimodal transport] - Custom clearance - Maritime agency services (? ) - Freight brokerage, bill auditing… (749) *port and waterway operation, pilotage, navigation, aid, salvage, cleaning. . . 13

WTO AND MARITIME TRANSPORT First option: CPC/W 120 11. TRANSPORT SERVICE A. Maritime Transport Services a. Passenger transportation 7211 International maritime b. Freight transportation 7212 transport (exc for cabotage) c. Rental of vessels with crew 7213 Either d. Maintenance and repair of vessels 8868** - int. mar transp. as part e. Pushing and towing services 7214 of A. f. Supporting services for maritime transport 745** - or aux services as they are in reality H. Services auxiliary to all modes of transport a. Cargo-handling services 741 b. Storage and warehouse services 742 c. Freight transport agency services 748 Auxiliary services d. Other 749 14

WTO AND MARITIME TRANSPORT MMS Pillar 1: International transport • Suggested to be defined: – without cabotage; – according to CPC or ad hoc definitions (including or not multimodal); – distinguishing liner from bulk in mode 1; – distinguishing the establishment of registered company operating the national flag from other forms of commercial presence (mode 3); – distinguishing the situation of the ship’s crew from the one of on shore key personnel (mode 4). 15

WTO AND MARITIME TRANSPORT MMS Pillar 2: Maritime Auxiliary Services • 6 services with proper definitions: – cargo handling (excluding dockers); – storage and warehousing; – custom clearance services; – container station and depot services; – maritime agency; – freight forwarding services. 16

WTO AND MARITIME TRANSPORT MMS Pillar 3: Access/Use of Port Services – Shipowner seen as users of port services; – the aim is not to liberalize the port services concerned … – but to ensure that they are available on reasonable and non-discriminatory terms and conditions; – hence the additional commitments tool. 17

WTO AND MARITIME TRANSPORT MMS PILLAR 3 (2/2) • 9 services covered: – – – – pilotage; towing and the tug assistance; provisioning fuelling and watering; garbage collecting and ballast waste disposal; port captain services; navigation aids; shore-based operational services essential to ship operations including communications water and electrical suppliers; – emergencies repair facilities. – [anchorage berth and berthing services] 18

WTO AND MARITIME TRANSPORT MMS Pillar 4: Multimodal Transport • Two options: A. maximal option: liberalize the activity itself B. minimal option: liberalize the access to an use of multimodal transport 19

WTO AND MARITIME TRANSPORT • Only 2 new offers (Norway and Iceland) and 2 modified ones (Canada and Malaysia). All in a “Maritime Model Schedule” format. • CTS decision (S/L/24) dated 28 June 1996: – suspends the negotiations – decides to “resume them with the commencement of comprehensive negotiations on services in accordance with Article XIX …” – and “to conclude them no later than at the end of this first round of progressive liberalization”. 20

WTO AND MARITIME TRANSPORT S/L/24 (2/2) • Suspends Article II and Annex on Article II until the conclusion of the negotiations except for the commitments maintained. • Foresees the review by the CTS, “during the course of the negotiations [of] the effects of the continued suspension of Article II. ” • Allows Members to “improve, modify or withdraw all or part of [their] specific commitments during a period of sixty days [preceding] the end of the negotiations” and to “finalise their positions relative to MFN exemptions during the same period”. • Foresees a standstill. 21

WTO AND MARITIME TRANSPORT AND EGYPT? Egypt had Uruguay Round Commitments, based on MTN/GNS/W/120 and maintained them. 22

WTO AND MARITIME TRANSPORT 11. TRANSPORT SERVICES A. International Maritime Transport (a) Passenger Transportation (b) Freight Transportation 1) 2) 3) 4) (f) Supporting services for Maritime Transport: Port dredging 1) 2) 3) 4) Unbound Commercial Presence is only allowed for joint-venture companies. Foreign capital equity should not exceed 49 per cent; All ships owned by the established companies should be registered at the Egyptian ship register as a pre-requisite to fly the Egyptian flag 95 per cent of the crew should be national and their wages and salaries should not be less than 90 per cent of the total paid up wages and salaries The Chairman and majority of the Board of Directors must be Nationals 1) 2) 3) 4) Unbound None Unbound* Unbound Commercial Presence is only allowed for joint-venture companies. Foreign capital equity should not exceed 75 per cent At least 25 per cent of both the personnel and members of the Board of Directors must be Nationals 1) 2) 3) 4) Unbound* Unbound None 23

WTO AND MARITIME TRANSPORT INTERMISSION ACCESSIONS (1995 - 2004) 24

WTO AND MARITIME TRANSPORT • 15 Acceding Members on 20 have taken commitments in maritime transport, namely: – Albania, Cambodia, China*, Croatia, Estonia, Georgia, Jordan*, Kyrgyz Republic, Latvia, Lithuania, Moldova, Oman*, Papua New Guinea, Saint Christopher and Nevis, Slovenia. *Maritime Model Schedule format 25

WTO AND MARITIME TRANSPORT • Among the 14 offers of acceding countries that are presently being discussed, 2 (Kazakhstan, Saudi Arabia) contain maritime transport draft commitments (but these 14 countries include 5 landlocked countries). 26

WTO AND MARITIME TRANSPORT ACT III: GATS 2000 AND DOHA DEVELOPMENT AGENDA 27

WTO AND MARITIME TRANSPORT • GATS 2000 negotiations started 1 January 2000 • No special case made for maritime so far in terms of calendar, procedure or group • 8 maritime negotiating proposals (Australia; Colombia; Chile; EU; Hong Kong, China; Japan; Korea and Norway) 28

WTO AND MARITIME TRANSPORT • Strong similarities in the proposals: – model schedule as a base; – logistics, multimodal aspects; – restrictions to lift: cargo reservation, equity ceiling, on-shore establishment. 29

WTO AND MARITIME TRANSPORT • 17 offers out of 38 contain maritime elements • All members that had a better NGMTS offer and made offers have reinstated NGMTS offer except. . . • One member that did simply maintain its existing commitments • And two member that put maritime offers in between existing commitments and NGMTS offers 30

WTO AND MARITIME TRANSPORT • Two recent acceded (post NGMTS) and major maritime players put maritime offers • There was 38 signatories representing 53 members to a declaration (TN/S/W/11) in favour of maritime liberalization including China, India, Pakistan and Nigeria. Egypt was not one of them. • No Egyptian offer yet. 31