Procedures for Providing Documents and Details and Notification to the CCS relating to Paragraphs 5(2)(c) and (5)(2)(e)(i) of the Block Exemption Order

Under paragraph 5(2)(c) of the Block Exemption Order, parties to an Agreement with an aggregate market share of above 50% are required to make available upon request to the CCS, documents and details relating to (i) any tariff; (ii) the structure and service level of the liner shipping services; and (iii) other aspects of the liner shipping services, under the Agreement relevant to the market. The mode and manner and the timeframe for submitting the above documents and details will be specified by the Commission, on a case by case basis.

In addition, parties are required to notify the CCS of the details of any subsequent variation or amendment made from time to time to such documents and details, under paragraph 5(2)(e)(i) of the Block Exemption Order, in order to qualify for the block exemption from the section 34 prohibition.

The exemption is subject to other conditions and obligations in the Block Exemption Order.

Please note that notifications of any variation or amendment pursuant to paragraph 5(2)(e)(i) of the BEO must be made using Form MBEO (please comply with Parts 2, 4, 5 and 6) not less than 14 days prior to such variation or amendment taking effect.

The CCS expects strict compliance with the time periods specified above but appreciates that under certain circumstances, strict compliance may not be possible. Where the time periods for notification above cannot be complied with strictly, please state in the filing form MBEO that the notification is out of time and the reason(s) why this is the case. The CCS will evaluate the application on a case-by-case basis. This should be the exception rather than the norm.