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goods or services. The ? nalized language, however, only al- merged with the port of Malmo in Sweden becoming the Co- lows the parties to meet and discuss matters related to chassis, penhagen Malmo Port (CMP) serving as the gateway for cargo containers, and equipment. moving onto the Baltic States, Russia and Northern Europe. In

Third, extensive changes were made to provisions that al- China, the port of Ningbo merged with the port of Zhoushan lowed for joint contracting and procurement. The ? nal lan- in 2006 becoming the Port of Ningbo-Zhoushan on the East guage of Articles 5.2(e) and 5.11 removed some joint contract- China Sea. Ningbo-Zhoushan is world’s busiest port based on ing authorities entirely and limited the remaining authority tonnage of cargo moved. to jointly contract for transshipment, barge/feeder services, bunker fuel, and facilities by stipulating that those could only Awaiting Ocean Carrier Alliance Filing occur outside the United States. Article 5.9 was also signi? - The Commission anticipates another group of ocean carri- cantly altered to follow the framework established in the 2M ers ? ling THE Alliance agreement which had been expected

Alliance Agreement (Maersk Line and Mediterranean Ship- to consist of Hanjin, Hapag-Lloyd (anticipated w/ United Arab ping Company (MSC). Under that framework, the Parties Shipping (UASC)), Kawasaki Kisen Kaisha (“K” Line), Mitsui must negotiate independently and enter into separate contracts O.S.K. Lines (MOL), Nippon Yusen Kaisha (NYK) and Yang with port terminal facilities, marine terminal services (except Ming. However, the Big-3 Japanese carriers – MOL, “K” line where a terminal wants to negotiate with the Parties jointly), and NYK recently announced plans to merge their container tug services, stevedoring services, and other services. On the line operations into one operational entity. Moreover, Hanjin operations side, though, the Parties can still jointly discuss Line is in receivership and it is not known at this time what the and coordinate on matters such as port schedules, berthing will become ? nal disposition of Hanjin Line or its assets.

windows, and other operational matters.

Read the Ocean Alliance ? nal agreement:

Considerations for MTO’s and Port Authorities http://www2.fmc.gov/agreement_lib/012426-000.pdf

Another point to consider is since the Ocean Alliance is al- lowed to jointly negotiate with terminals that agree to negoti-

William P. Doyle is a Commissioner with the ate with the Parties jointly, some terminal operators and port

U.S. Federal Maritime Commission. The FMC, authorities may want to explore options for entering into their among other things, regulates liner companies, own alliances for instances where they could perhaps jointly ocean transportation intermediaries and marine terminal operators. The thoughts and comments negotiate terms and conditions with the ocean carriers. Re- he expresses here are his own and should not cently, in the United States, the ports of Seattle and Tacoma be construed to represent the position of the began to synergize under the umbrella of the Northwest Sea-

Commission or his fellow Commissioners. port Alliance. In 2001, the port of Copenhagen in Denmark

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