Procedures on Making Information Available and Notification to Transport Users relating to Paragraphs 5(2)(d) and 5(2)(e)(ii) of the Block Exemption Order
Under paragraph 5(2)(d) of the Block Exemption Order, parties to an Agreement with an aggregate market share of above 50% are required to make available to transport users information concerning (i) any tariff; and (ii) the structure and service level of the liner shipping services, under the agreement relevant to the market, as the CCS may specify (“the information”).
The information will include:
- Tariffs (as defined in the Block Exemption Order);
Service frequency;
Shipping schedules;
Ports of call;
Port rotation;
Ship specifications; and
Ship replacement programs,
and should be made available to transport users either by allowing for the examination of documents at the offices in Singapore of the parties or their agents; or at a publicly available internet website. In any event, the information must also be available to transport users upon request at a reasonable cost in paper or electronic form.
This list of the information required to be made available may be revised from time to time as the CCS considers necessary.
Please note the following time periods for making the information available to transport users:
- Where the information is applicable on or before
31 August 2006, such information must be made available by 14 August 2006.
Where the information is applicable with effect from 31 August 2006, such information must be made available at least 14 days prior to the information taking effect.
Under paragraph 5(2)(e)(ii) of the Block Exemption Order, parties are required to notify transport users of the details of any variation or amendment to the above list of information as specified by the CCS, 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.
To notify the transport users, parties may make available the relevant details on such variation or amendment at a publicly available internet website or through any mode of widespread public circulation by which the transport users in Singapore would be notified. In addition, parties should in any event, provide a physical address from which relevant details on the variation or amendment may be obtained.
Please note that notifications of any variation or amendment pursuant to paragraph 5(2)(e)(ii) of the BEO must be made 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 appreciate that under certain circumstances, strict compliance may not be possible. Where the time periods for filing above cannot be complied with strictly, please state in the filing form MBEO that the filing 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.
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