§ 535.702 Agreements subject to Monitoring Report and alternative periodic reporting requirements.
发布06-20
生效06-20
摘要总结AI 辅助解读
美国联邦海事委员会（FMC）发布新规，明确海运协议需提交监控报告的适用情形。主要涵盖两类：一是包含运力合理化权限的协议；二是当事方在特定地理范围内合计市场份额达35%以上且涉及费率、联营、货量池化或服务合同讨论的协议。报告义务依据信息表数据判定，每年初根据上一年二季度数据调整。对于低于35%份额但具潜在影响的协议，或所有注册协议，FMC保留要求提交替代性定期报告的权力。
- (a) Agreements subject to the Monitoring Report requirements of this subpart are:
- (1) An agreement that contains the authority to discuss or agree on capacity rationalization; or
- (2) Where the parties to an agreement hold a combined market share, based on cargo volume, of 35 percent or more in the entire U.S. inbound or outbound geographic scope of the agreement and the agreement contains any of the following authorities:
- (i) The discussion of, or agreement upon, whether on a binding basis under a common tariff or a non-binding basis, any kind of rate or charge;
- (ii) The establishment of a joint service;
- (iii) The pooling or division of cargo traffic, earnings, or revenues and/or losses; or
- (iv) The discussion of, or agreement on, any service contract matter.
- (b) The determination of an agreement's reporting obligation under § 535.702(a)(2) in the first instance shall be based on the market share data reported on the agreement's Information Form pursuant to § 535.503. Thereafter, at the beginning of each calendar year, the Bureau of Trade Analysis will notify the agreement parties of any changes in its reporting requirements based on market share data reported on the agreement's quarterly Monitoring Report for the previous second quarter (April-June).
- (c) The Commission may require, as necessary, that the parties to an agreement with market share below the 35 percent threshold, as identified and defined in § 535.702(a)(2), submit Monitoring Reports pursuant to § 535.703.
- (d) In addition to or instead of the Monitoring Report in § 535.703, the Commission may prescribe, as necessary, alternative periodic reporting requirements for parties to any agreement identified in § 535.201.