ANNEX ISupplementary provisions
List of shipping lines participating in or authorized to participate in the trade of the shipowners' committee (List provided by Secrétama) SenegalGabonCentral African RepublicNigerBurkina FasoGuineaCongoCameroonBeninTogoMaliConference MemberRMS Afrika× OT African Line××××× UWAS×××××××××× Splosna Plovba××××××××××× L. Hoegh×××××××××××× SWAL×××××××××××× Deep Sea Shipping× East Asiatic Company×××××××× I. Messina×× Lloyd Triestino×××××××××××× Transmare×××××××××××× Van Uden×××××××× Nedlloyd×××××××××× Cobelfret× Compagnie maritime belge×××××××××× Mac Lines×××××××××××× Grimaldi× Delmas×××××××××××× Sivomar×××××××× Sotonam×××××× Société navale de l'Ouest×××××××××××× Société navale caennaise×××××××××××× L. Martin×××××××××××× Camship××××××××××× Compagnie maritime zairoise×××××× Cobenam×××× Express Navigation××××××××××× Maurel et Prom××× Sitram××××××××××× Société navale guinéenne× Comaunam× Keller Shipping××××××××××× Sonatram×× Cosenam×× Deutsche Afrika Linien-Woermann××××××××××× Compagnie maritime belge NV Management WAD Katelijnevest 61 B-2000 Antwerpen MAC LINES (Mediterranea Container Lines) C/Arlaban 1 E-28014 Madrid Grimaldi Compania di navigazione SPA Palermo operative Departments via Fieschi 17 I-16121 Genova Navale Delmas Afrique (SNCDV) Tour Delmas-Vieljeux 31-32, quai de Dion-Bouton F-92811 Puteaux cedex SIVOMAR Immeuble Sivomar - BP 1395 Abidjan Côte-d'Ivoire SOTONAM 93, voie Express BP 4086 Lomé Port Lomé Togo Société navale de l'Ouest Tour Franklin - Cedex 11 F-92081 Paris-la-Défense Société navale caennaise 58, avenue Pierre Berthelot BP 6246 F-14066 Caen cedex SOFIMAR Tour Delmas-Vieljeux 31-32, quai de Dion-Bouton F-92800 Puteaux cedex Camship 18, rue Joffre - BP 4054 Douala Cameroun Compagnie maritime zairoise (CMZ) 6e étage - UZB Center place de la Poste - BP 9496 Kinshasa Zaire Cobenam BP 2032 Cotonou Bénin Express Navigation 96, avenue du président Lamine Gueye BP 2413 Dakar Sénégal Maurel et Prom c/o Navale Delmas Afrique (SNCDV) Tour Delmas-Vieljeux 31-32, quai de Dion-Bouton F-92811 Puteaux cedex Sitram 4, avenue Lamblin - BP 1546 Abidjan Côte d'Ivoire Société navale guinéenne BP 6 Conakry Guinée Comaunam BP 799 Nouakchott Mauritanie Keller Shipping Holbeinstrasse 68 PO Box 3479 CH-4002 Basel Sonatram (Société nationale de transports maritimes) BP 3841 Libreville Gabon Cosenam (Compagnie sénégalaise de navigation maritime) BP 683 Dakar Sénégal Deutsche Afrika Linien-Woermann Linie PO Box 500369/Palmaille 45 D-2000 Hamburg 50 RMS Afrika Hafenstrasse 27-29 D-4100 Duisburg 13 OT African Line ABS House No 1 Frying Pan Alley UK-London E1 7HS UWAS (u./West African Service) c/o Managers POL, ESC, DSR 107 A1 Wosska Polskiego 70483 Szczecin Pologne SPLOSNA PLOVBA PO Obala 55, PO Box 60 YU-66 320 Portoroz LEIF HOEGH and Co PO Box 2596 Solli N-Oslo Scandinavian West Afrika Lines Ltd (SWAL) Fack S-403-36 S-Goeteborg Deep Sea Shipping Henningsens Allé 8 DK-2000 Copenhague East Asiatic Company (Was) Holbergsgade 2 DK-1099 Copenhague Gnazio Messina & C. Via G. d'Annunzio 91 Casella postale 1951 I-16121 Genova Lloyd Triestino SpA Piazza dell'Unita d'Italia 1 BP 583/584 I-34121 Trieste Linea Transmare SpA Via Freschi, N. 1/22 I-16121 Genova Van Uden Maritime BV postbus 1123 NL-3000 BC Rotterdam Nedlloyd Lijnen BV Trade Directorate Europe Dept LTE PO Box 240 NL-3000 DH Rotterdam Cobelfret Sneeuwbeslaan 14 B-2610 Antwerpen ANNEX II Estimated liner trade between France and the 11 West and Central African States covered by the activity of the shipowners' committees; estimated market share of the committees (1988) SenegalTogoBeninGabonCongoNigerGuineaCentralAfricanRepublicCameroonMaliBurkina Faso Total trade283,2117,084,1172,7123,3118,7229,343,8443,768,175,5 Liner trade145,837,820,9102,950,026,195,710,6107,124,425,6 Shipowners' committees130,845,438,6109,099,646,082,829,6107,825,962,3 %90 120 185 106 199 176 87 279 101 106 243 Methodological note The foreign trade statistics for France drawn up by customs do not distinguish between modes of transport. Professor Bauchet, the expert quoted by the shipowners' committees, suggested defining liner trade by deducting from total trade those items in the trade balance corresponding to goods usually carried by tramp vessel: cereals (item 10), salt (item 25), oil or mineral fuels (item 27), inland waterways (item 89); the secretariat of the shipowners' committee (Secrétama) suggested adding to this list items 72 (pig iron, iron and steel), 11 (malt) and 17 (sugar). The data given in this Annex are based on this methodology. They call for the following comments: - in the four largest trades by volume (Cameroon, Senegal, Guinea and Gabon) the shipowners' committees cover virtually the entire liner trade (between 90 % and 106 %), - in the other trades, the share of the shipowners' committees exceeds that of the liner trade alone, as far as it can be assessed by the methodology adopted, particularly in the case of the smaller trades (Central African Republic, Burkina Faso). It thus seems that in these trades the committee members also carry goods that are usually carried by tramp vessels, but which when the amounts concerned are very small, can be carried by liner vessel (cereals, malt, etc.). ANNEX III Regulations in force in the African States whose foreign trade with France is covered by the shipowners' committees. Benin Order No 79-49 of 13 September 1979 Decree No 79-240 of 13 September 1979 Decree No 23 of 14 May 1984 Decree No 24 of 14 September 1984 Burkina Faso Decree No 82-0358 of 15 September 1982 Implementing Decree of 5 March 1984 Guinea Decree No 423 of 4 August 1981 Decree No 10924 of 3 December 1987 Cameroon Law No 74/19 of 5 December 1974 Decree No 70/309 of 13 November 1975 Decree No 39 of 16 January 1976 Law No 78/09 of 12 July 1978 Congo Decree No 85-045 of 22 January 1985 Law No 27-85 of 19 July 1985 Circular of 11 December 1985 Gabon Order of 7 September 1978 Senegal Decree No 78-179 of 2 March 1978 Interministerial Decree No 8454 of 25 July 1980 Interministerial Decree No 14460 of 21 October 1987 Interministerial Decree No 6678 of 8 July 1981 Mali Decree No 180 of 23 July 1985 Decree No 5415 of 21 May 1986 Niger Decree No 56 of 13 November 1985 Togo Order No 80-11 of 9 January 1980 Ministerial Decree No 4 of 19 February 1981 Interministerial Decree No 25 of 6 November 1985 Decree No 8 of 19 September 1988 ANNEX IV Shipowners' agreements (or equivalent documents) 1. France-Togo Circular of 8 February 1982 from Secrétama to the shipping lines Secrétama notice to shipping lines (28 January 1982) 2. France-Benin Detailed rules for the implementation of the agreement between the French and Benin national shipping lines relating to the organization of maritime trade between France and Benin (Cotonou, 14 March 1985) 3. France-Senegal Detailed rules for the implementation of the organization of maritime trade between France and Senegal (not dated) Letter to shipping lines from the Chairman of the Shipowners' Committee (26 June 1981) Circular No P/PL/010733 from Secrétama inviting shipping lines having announced 'their intention to participate in the trade between France and Senegal' to submit their manifests for approval as from 1 April 1981 4. France-Central African Republic Organization of the France-Central African Republic trade (and vice versa) (not dated) 5. France-Niger Practical arrangements relating to the organization of maritime trade between France and Niger and vice-versa (not dated) Circular from Secrétama to 'all shipping lines participating in the France-Niger trade with a copy of the text relating to the practical arrangements for the organization of the France-Niger trade and announcing the implementation of the agreement from 1 January 1986'. 6. France-Gabon Notice from Secrétama to liner companies operating in the two-way France-Gabon trade (30 November 1978) Notice from Secrétama to shippers (30 November 1978) Arrangements for the application of the France-Gabon maritime agreement - North Channel-Atlantic sector - (following plenary meeting on 9 December 1986) Secrétama document headed 'France-Gabon agreement, basic documents' (12 March 1980) Notice from Secrétama to shipowners Notice from Secrétama to shippers Notice from Secrétama to liner companies in the two-way France-Gabon trade (13 December 1978) 7. France-Cameroon Shipowners' agreement of 13 February 1985 Rules of procedure of the programming committee responsible for the organization of the two-way France-Cameroon trade (15 May 1987). 8. France-Mali Shipowners' agreement (29 July 1988) Rules of procedure of the programming committeee responsible for organizing the two-way France-Mali trade (not dated) 9. France-Guinea Shipowners' agreement (29 September 1987) Rules of procedure of the programming committee responsible for organizing the two-way France-Guinea trade (not dated) Circular from Secrétama to 'all third-party lines authorized to participate in the France-Guinea trade' (16 September 1987) 10. France-Burkina Faso Practical arrangements for the organization of the trade between France and Burkina Faso and vice-versa (not dated) Notice from Secrétama to shippers (not dated; reference 861233) 11. France-Congo Protocol on the organization of the trade between France and the Popular Republic of the Congo and vice-versa (not dated) Practical arrangements for the implementation of the agreement between the French and Congolese national lines relating to the organization of the maritime trade between France and the Popular Republic of the Congo (not dated) ANNEX V Documents relating to the involvement of the shipowners' committees in the imposition of fines for failure to comply with the rules of the committees 1. On 21 December 1987 Secrétama notified the Cameroon National Shippers' Council by telex No 4650 that 'the vessel Rota is apparently now loading 3 000 tonnes of flour ... for Douala'. It also stated 'as the lines participating in the trade do not appear to have approved this load, please inform port of destination of this unauthorized load'. Secrétama added 'would also remind you of following vessels without authorization' (it gives the names of two vessels with the dates and places of loading). 2. On 13 and 26 May 1986 Secrétama sent telexes (Nos 1220 and 2321) to the Togo National Shippers' Council to inform it of the forthcoming departure from a French port of a vessel belonging to a non-committee Italian shipowner; in both instances, Secrétama stated that it had not stamped the relevant manifest and ended its telexes with the following statement: 'We would ask you to take the necessary steps at the destination and to keep us informed of subsequent events'. 3. On 10 February and 10 March 1986 Secrétama sent two telexes (Nos 690 and 1165) to inform the Gabon Shippers' Council of the departure from a French port of two vessels belonging to Danish and Israeli lines respectively, both non-committee vessels. As in the case described in the preceding paragraph, and in the same terms, Secrétama stated that it had not stamped the manifest and invited the Gabon Shippers' Council to 'take the necessary steps' and keep it informed of subsequent events. 4. On 9 March 1988 the shipowner Delmas notified Secrétama and the Cameroon National Shippers' Council by telex that a cargo for Chad loaded in a French port by a Dutch shipowner member of the shipowners' committee was in fact intended partially for Cameroon as its final destination. Delmas ended its telex as follows: 'we therefore hope that this apparently unauthorized cargo will be penalized at its destination'. 5. On 19 April 1988, Scadoa(1) informed the Cameroon National Shippers' Council and Secrétama by telex No 7467 of the departure for Cameroon from a French port of two vessels in breach of the rules of the shipowners' committee. Scadoa ended its telex as follows: 'hope that sanctions will be taken against both vessels'. 6. By telex No 174 of 27 April 1988, the Paris representative of the Cameroon National Shippers' Council informed the headquarters of his organization at Douala that non-committee Greek and Liberian vessels had loaded cargo in a French port in breach of the committee's rules. The telex closes as follows: 'all the parties that are members of the shipowners' agreement hope that the severest sanctions will be imposed on all shippers or shipowners in breach of the rules'. 7. By telex No 6457 of 27 October 1988 Camship informed Secrétama of a Ghanaian vessel loading cargo intended for Cameroon in a French port in breach of the committee's rules; Camship asked Secrétama 'to take the measures appropriate in such cases'. 8. In October 1989 Delmas informed Secrétama by telex of two vessels leaving a French port for Cameroon in breach of the committee's rules. By telexes No 4978 and No 5142 of 4 and 19 October 1989 Secrétama informed Delmas that it had forwarded copies of the latter's telexes to the Cameroon National Shippers' Council 'for appropriate action'. (1) See recital 44. ANNEX VI Documents relating to fines imposed for infringement of the rules imposed by the shipowners' committees 1. On 12 February 1986 the Togo National Shippers' Council informed the non-committee Maersk Line by letter No 021/CNCT/86 that it had received a cheque for CFAF 1 032 255 in payment of a fine for loading goods without authorization in Marseille for transport to Lomé. 2. By letter of 25 March 1986 the TNSC noted that Maersk had loaded goods in French ports 'without the Secrétama stamp'. A fine of CFAF 4 226 847 was imposed; by letter dated 2 April the TNSC confirmed it had received the sum. 3. On 31 March 1986 the TNSC sent Maersk a payment form for a fine of CFAF 7 070 537, specifying that it was equivalent to 50 % of the freight value; the reason for the fine was given as follows: 'Goods loaded without Secrétama stamp'. 4. By letter dated 2 May 1988 to Maersk, the TNSC agreed to cancel two fines: one concerned goods apparently loaded in Marseille but which Maersk was able to prove were in transit through that port; the other concerned the loading of personal goods of no commercial value belonging to an agent of that shipping company. 5. On 13 June 1988 Maersk received a demand from TNSC for the payment of CFAF 3 098 750 for the unauthorized loading in Marseille of eight trucks. 6. By telex of 21 November 1988, the TNSC confirmed that a Maersk vessel that had taken on cargo in Marseille 'had been fined for failing to obtain the Secrétama stamp'. 7. In a 'Presentation Report' attached to a Senegalese draft Interministerial Decree of October 1987, the Senegalese administration referred to 'sanctions ... applied in our maritime trade with France'. In minutes drawn up by the France-Senegal shipowners' committee on 5 May 1987, Cosenam considered that 'the fines were not sufficiently dissuasive to prevent Maersk Line from loading', thus confirming that fines were effectively imposed. 8. The minutes of the meeting held on 2 July 1986 of the France-Niger shipowners' committee are headed as follows: 'Unauthorized loading by OT Africa Line (double penalties in the event of excess loads: fine and recording of results in statistics).' The wording implies that if OT Africa Line, a member of the shipowners' committee, were to exceed its quota, it would not only be fined but the excess tonnage loaded would be deducted from its quota for the following month. It is stated further on in the minutes that 'the Chairman pointed out that a Ministerial Decree provides for payment of a fine and confirmed that OT Africa Line had been penalized for the cargo under discussion'. 9. In the minutes of a meeting of the France-Senegal committee held on 2 June 1986, reference is made during a discussion on monitoring of cargoes not covered by the shipowners' agreement to the fact that Nedlloyd and Woermann had been penalized.