RESTRICTED
WORLD TRADE S/NGMTS/W/4/Rev.1
23May1996
ORGANIZATION(96-1978)
Original: English Negotiating Group onMaritime Transport Services
COMMUNICATION FROM NORWAY
Conditional Offer onMaritime Transport Services
Revision
Thefollowing communication iscirculated attherequest ofNorway tomembers ofthe
Negotiating Group onMaritime Transport Services.
______________
PleasefindenclosedanimprovedconditionalofferfromNorwayonMaritimeTransportServices.
Theimprovement isunderlined intheAdditional Commitments column.
Furthermore, itshould benoted thatNorway hasbound commitments onmultimodal transport
services ascontained intheexisting horizontal commitments onestablishment ofcompanies, andthe
commitments onroadtransportation. Anycompany wishing tooffer multimodal transport services
linking seaandlandtransportation inNorway, mayestablish acommercial presence subject tothe
horizontal conditions onnational treatment forestablishment (General authorization procedures for
acquisition). Itisrequired thatestablished roadtransportation companies usevehicles withnational
registration.
Thisconditional offer replaces theoffer dated 30June1995, contained inS/NGMTS/W/4.
Itmaybefurther modified, supplemented orreduced during thecourse oftheNGMTS negotiations.NORWAY -CONDITIONAL OFFER ONMARITIME TRANSPORT SERVICES
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orSub-sector Limitations onMarket Access Limitations onNational Treatment Additional Commitments
Maritime transport
International transport (freight
andpassengers) CPC 7211 and
7212 lesscabotage transport 1)1. None
2. None
3. (a)Ships ontheNorwegian Ordinary
Ship Register (NOR). Ships have
tobeowned byNorwegian citizens
orbyaNorwegian company where
Norwegian citizens ownatleast
60percentofthecapital.
Exemptions from the60percent
rulemaybegranted.
(b)Ships ontheNorwegian
International Ship Register (NIS):
None
(c)Other forms ofcommercial
presence (2): None1. None
2. None
3. (a)NOR: When theship-owning
company isalimited liability
company, itmust beheadquartered
inNorway. Themajority ofthe
members oftheboard, including
thechairman, must beNorwegian
citizens resident inNorway, having
resided inNorway thepreceding
twoyears. Support scheme for
parts oftheNOR-fleet.
(b)NIS: Ships withmore than40per
centforeign ownership must be
operated byaNorwegian ship-
owning company withhead office
inNorway, orbyNorwegian
management company. Iftheship
isregistered directly intheNISby
aforeign company, aNorwegian
representative isrequired.
(c)Other forms ofcommercial
presence (2): None
S/NGMTS/W/4/Rev.1
Page1NORWAY (continued)S/NGMTS/W/4/Rev.1
Page2
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orSub-sector Limitations onMarket Access Limitations onNational Treatment Additional Commitments
4. (a)Ships 'crew NOR: Unbound
except asindicated inthehorizontal
section.
(b)Ships 'crew NIS: Unbound except
asindicated inthehorizontal
section.
(c)Shore personnel: Unbound except
asindicated inthehorizontal
section.4. (a)NOR: None
(b)NIS: None, except forthecaptain
whomust beaNorwegian citizen.
Exemptions from thisrulemaybe
granted.
(c)Shore personnel: None
Cabotage transport (1) Notincluded inthisoffer.
Maritime auxiliary services:
- Maritime cargo handling
services (3)1. None
2. None
3. None
4. Unbound except asindicated inthe
horizontal section1. None
2. None
3. None
4. NoneNORWAY (continued)
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orSub-sector Limitations onMarket Access Limitations onNational Treatment Additional Commitments
- Storage andwarehousing
services (CPC 742);
customs clearance services
(4); container station and
depot services (5)1. Unbound*
2. None
3. None
4. Unbound except asindicated inthe
horizontal section1. Unbound*
2. None
3. None
4. None
- Maritime agency services
(6); freight forwarding
services (7)1. None
2. None
3. None
4. Unbound except asindicated inthe
horizontal section1. None
2. None
3. None
4. None
- Other supporting auxiliary
transport services (8)1. None
2. None
3 None
4. Unbound except asindicated inthe
horizontal section1. None
2. None
3. None
4. None
S/NGMTS/W/4/Rev.1
Page3NORWAY (continued)S/NGMTS/W/4/Rev.1
Page4
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orSub-sector Limitations onMarket Access Limitations onNational Treatment Additional Commitments
Auxiliary services asrequired
bymaritime transport operators:Thefollowing services are
made available tointernational
maritime transport suppliers
onreasonable andnon-
discriminatory terms and
conditions:
1. Pilotage
2. Towing andtug
assistance
3. Provisioning, fuelling,
watering
4. Garbage collecting,
ballast waste disposal
5. PortCaptain 'sservices
6. Navigation aids
7. Shore-based operational
services essential toship
operations, including
communications, water,
electrical suppliesNORWAY (continued)
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orSub-sector Limitations onMarket Access Limitations onNational Treatment Additional Commitments
8. Emergency repair
facilities
9. Anchorage, berth,
berthing services
10. Container handling,
storage and
warehousing, freight
transport.
Where theroad, rail,coastal
shipping andrelated auxiliary
services arenototherwise
fully covered inthisschedule,
amultimodal transport
operator shall have theability
torent, hireorcharter trucks,
railway carriages andrelated
equipment, forthepurpose of
onward forwarding of
international cargoes carried
bysea,orhave access toand
useofthese forms of
transport services forthe
purpose ofproviding
multimodal transport services.
S/NGMTS/W/4/Rev.1
Page5S/NGMTS/W/4/Rev.1
Page6
ATTACHMENT
NOTES TOMARITIME TRANSPORT
"Reasonableandnon-discriminatorytermsandconditions"means,forthepurposeofmultimodal
transport operations, theability ofthemultimodal transport operator toarrange fortheconveyance
ofitsmerchandise onatimely basis, including priority overother merchandise which hasentered the
portatalaterdate. A"multimodal transport operator" means theperson onwhose behalf thebillof
lading/multimodal transport document, oranyother document evidencing acontract ofmultimodal
carriage ofgoods, isissued andwhoisresponsible forthecarriage ofgoods pursuant tothecontract
ofcarriage.
1. "Cabotage" isdefined asmaritime transport ofgoods andpassengers between portsinNorway,
including locations onthecontinental shelfwhere petroleum isexplored orproduced.
2. "Otherformsofcommercialpresenceforthesupplyofinternationalmaritimetransportservices"
means theability forinternational maritime transport service suppliers oftheothermembers toundertake
locally allactivities which arenecessary forthesupply totheircustomers ofapartially orfullyintegrated
transport service, within which themaritime transport constitutes asubstantial element. (This
commitment shallhowever notbeconstrued aslimiting inanymanner thecommitments undertaken
under thecross-border mode ofdelivery).
These activities include, butarenotlimited to:
(a) marketing andsalesofmaritime transport andrelated services through direct contact
withcustomers, from quotation toinvoicing, these services being those operated or
offered bytheservice supplier itself orbyservice suppliers withwhich theservice
seller hasestablished standing business arrangements;
(b) theacquisition, ontheirownaccount oronbehalf oftheircustomers (andtheresale
totheircustomers) ofanytransport andrelated services, including inward transport
services byanymode, particularly inland waterways, roadandrail,necessary forthe
supply oftheintegrated service;
(c) thepreparation ofdocumentation concerning transport documents, customs documents,
orother documents related totheorigin andcharacter ofthegoods transported;
(d) theprovisionofbusinessinformationbyanymeans,includingcomputerizedinformation
systems andelectronic datainterchange (subject totheprovisions oftheAnnex on
telecommunications);
(e) thesetting ofanybusiness arrangements (including participation inthestock ofa
company) andtheappointment ofpersonnel recruited locally (or,inthecaseofforeign
personnel, subject tothehorizontal commitment onmovement ofpersonnel) withany
locally established shipping agency;S/NGMTS/W/4/Rev.1
Page 7
(f) acting on behalf of the companies, organizing the call of the ship or taking over cargoes
when required.
3. "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 organized
independently of the stevedoring or terminal operator companies. The activities covered include the
organization and supervision of:
- the loading/discharging of cargo to/from a ship;
- the lashing/unlashing of cargo;
- the reception/delivery and safekeeping of cargoes before shipment or after discharge.
4. "Customsclearanceservices"(alternatively"customshousebrokers 'services")meansactivities
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.
5. "Container stationand depotservices" means activitiesconsistinginstoringcontainers,whether
in a port area or inland, with a view to their stuffing/stripping, repairing, and making them available
for shipments.
6. "Maritime agency services" means the 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:
- 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;
- acting on behalf of the companies organizing the call of the ship or taking over cargoes
when required.
7. "Freight forwarding services" means the activity consisting of organizing and monitoring shipment
operations on behalf of shippers, through the acquisition of transport and related services, preparation
of documentation and provision of business information.
8. "Other supporting and auxiliary transport services" means freight brokerage services; bill auditing
andfreightrateinformationservices; transportationdocument preparationservices; packingand crating
and unpacking and de-crating services; freight inspection, weighing and sampling services; and freight
receiving and acceptance services (including local pick-up and delivery).