Sep
30
2010
WASHINGTON, SEPT 29: THE world shipping Council (WSC) which represents most container tonnage afloat, has warned that the shipping Bill of 2010 if enacted by the US House, will create an ocean transportation system that will make US trades less efficient and costlier for carriers. It will result in less choice, less capacity, lower service quality and higher costs for US exporters and importers.
the Bill was reportedly introduced by Congressman, Mr James Oberstar, chairman of the congressional Transport and Infrastructure committee.
“we do not recommend this. Greater rate instability is unlikely to be in the interests of shippers or in the interests of carriers that must continue to make billions of dollars of investment in the capacity needed to serve American commerce efficiently WSC said.
The Bill will result in excessive government regulation, proposing”various forms of rate regulation, mandatory revenue transfers, intrusion into how parties agree to structure their commercial offerings and agreements and burdensome and ill-defined reporting requirements”, WSC pointed out.
“The proposed legislation will not and cannot prevent difficulties if such extreme economic conditions recur in the future. Capacity shortages in late 2009 and early 2010 were brief, market driven and unforeseen by shippers and carriers,” WSC pointed out.
WSC argued tha the “existing regulatory structure did not cause these transitory problems, but provided a predictable base from which carriers could efficiently and quickly respond to improved market conditions,” it argued.
Mr Oberstar based his Bill on complaints from importers and exporters about obtaining enough vessel space and sharp rate increses.
“Eliminating the antitrust immunity for these conference agreements will increase competition will in crease competition by requiring ocean carriers to compete in the marketplace with the best price and service to get shippers’ business. That will benefit industry as a whole,” according to the Congressman.
In october 2007, the EU eliminated the anti-trust immunity for ocean carriers. “I am not aware of any ocean carriers being put out of business because of the loss of that exemption.” he argued.
WSC feels that the wording of the Bill “will effectively destroy the current system of operating agreements serving American maritime foreign commerce.
“It will be both procedurally and substantively far more restrictive than the application of anti-trust law, and will be wholly out of alignment with every other nation’s treatment of such agreements.
“Impairing carrier operating agreements is not an agenda that has been advocated by shippers, nor is it supported by any findings or recommendations from the FMC.”
The Bill covers surcharges, insisting that they henceforth “accurately reflect increases in the carrier costs”. It will impose mediation and arbitration in shipper carrier disputes “so that the freight can keep moving.
It will prohibit carriers from discriminating against a shipper providing his own container or other equipment and will deal with the bumping or rolling containers.
The FMC will develop remedies and penalties for carriers that engage in deceptive practices.