AGREED MINUTES OF THE 7TH SINO-KOREA JOINT MARITIME CONSULTATIVE COMMITTEE MEETING
1991年05月3日

AGREED MINUTES OF THE 7TH SINO-KOREA JOINT MARITIME CONSULTATIVE COMMITTEE MEETING


  
  1
  
  Agreed Minutes1 Delegations of the Republic of China and the Republic of Koreaheld the 7th round of Joint Maritime Consultative Committee M-eeting in Seoul on May 2 and 3,1991 in accordance with Article8 of the Agreement on Maritime Transport between the Governme-nt of the Republic of China and the Government of the Republicof Korea. (hereinafter called the "Shipping Agreement")
  
  2 The delegation of the Republic of China was headed by Mr. Lin,Chin-chuan, Deputy Director, Department of Navigation and Avi-ation, Ministry of Communications. The delegation of the Repu-blic of Korea was led by Mr. Suh, Jae-Gook, Director General,Marine Transport Bureau, Korea Maritime and Port Administrati-on.
  
  The lists of both delegations are attached as Annex A and B.
  
  3 During the Meeting, both delegations exchanged views on a num-ber of shipping related issues, including international shipp-ing environment, in an amicable and cordial atmosphere and hi-ghly evaluated the usefulness of the Joint Meeting.4 The two delegations frankly and sincerely discussed issues of
  
  mutual interests and reached understandings as follows:
  
  A. Restrictions on Cargo Solicitation for the ROC Carriers in K-orea
  
  Pointing out that the restrictions on cargo solicitation for theROC carriers in Korea were against the principles of mutual equ-ality based on the Shipping Agreement, the ROC side requested t-he Korean side to present a time-table for lifting of the waiversystem and the restriction on cargo solicitation of interport s-ervice and Korea-Japan route.The Korean delegation explained that, though the legal basis forthe integration of Korea-Japan and Korea-Southeast Asian routeswould be effective by the end of 1991, it should take a conside-rable time to implement the actual integration due to the domes-tic circumstances in Korea.The ROC side presented the following time-table to lessen the r-estrictions on cargo solicitation for the ROC shipping companiesin Korea;- For the waiver system, the law shall be revised by 1993 and t-he related regulations shall be streamlined by 1995.- The Chinese carriers shall be able to participate in the feed-er services on the Korea-Japan route once the Japanese carrie-rs are allowed to engage above services.- The participation of the ROC oceangoing carriers in interportservices on the Korea-Southeast Asian route shall be allowedat the time when Korean ocean-going shipping companies are al-lowed to take part in Southeast Asian service. The time is ex-pected to be 1995.B. Interport Services of Korean Oceangoing Vessels in the NearSea Route.
  
  The Chinese delegation demanded that the Government of the ROKshould take regulatory actions against Korean Ocean-going linerswhich violated the ROK law about interport services in the nearsea route of the ROC.The Korean side stated it would take actions against such linersaccording to the laws if the ROC side hands in evidence materia-ls to tell any ROK shipping company had committed a violation.C. The Berthing Priority at the Port of PusanThe Chinese delegation indicated that there were unfair treatme-nts in berthing priority at the Port of Pusan to the ROC contai-ner ships.The Korean delegation explained that there was no discriminati-
  
  on according to the flag of vessel and that the BCTOC (Busan Co-ntainer Terminal Operation Corporation) had kept the rule of de-termining the priority on the base of optimizing operational ef-ficiency of the terminal.The Chinese side requested that the vessels calling at the Portof Pusan every 5 days should be considered as equivalent priori-ty to the vessels of fixed day services. The Korean delegationgave the document regulating the berth priority to the ROC sideand explained that the relevant authority in Korea would recons-ider the Chinese proposal when the 3 additional berths start r-
  
  unning in June 1991. The result will be informed to the Chineseside.D. Construction Plan of Container Terminals in KoreaEmphasizing that container terminals play very important rolesin liner shipping sector, the ROC side asked that the ROC linershipping companies should be allowed to lease and operate her o-wn container terminals in Korea.The Korean side explained as follows:
  
  - Though the Port of Pusan is expected to expand three new cont-ainer berths by this coming June and four more berths by 1994,it seems inevitable that container terminals in the Pot of Pu-san should be run as public terminals due to the rapidly grow-ing container cargo traffic in the Port of Pusan.
  
  However, the ROC carriers are welcomed to lease container termi-nals in the Port of Pusan once the terminals are decided to beleased.
  
  - In addition, ten more container berths are planned to be cons-tructed in the Port of Kwangyang by the year of 2000 and they
  
  are planned to be leased to the shipping lines which will inv-est to the construction. If the Chinese carriers are interest-ed in the development of the Port of Kwangyang, the Korean si-de is pleased to forward necessary materials to the ROC side.
  E. Formation of the Discussion AgreementThe Korean delegation expressed that the ceiling restriction forthe Chinese carriers in the near sea route had been lifted sinceJanuary, 1990. However, the Korean delegation strongly requestedthat Chinese shipping companies should do their best to form aconsultative body, which would certainly lead to equal cargo sh-aring for both sides shipping companies, and market stabilizati-on in the Southeast Asian routes, stipulated by the agreement atthe 6th Round of Consultative Meeting.In addition, the Korean side expressed its views that restricti-ons of interport service on the Southeast Asian route could belifted immediately, if the consultative body among the shippinglines of both countries is formated and the cargo sharing agree-ment based on Article 2 of the Shipping Agreement is implemented.The both sides agreed that the Association of Shipping Servicesof the ROC and the Korea Shipowners' Association of the ROK wou-ld act as respective negotiation party for the formation of theDiscussion Agreement.F. Korean Shipowners' Representatives in the ROC.The Korean side pointed out that there were no restrictions com-parable with the Chinese side on the number of foreign shipowne-rs' representatives in Korea. The Korean side requested that theROC, on the basis of the principle of mutual benefit and recipr-ocity rendered by the Shipping Agreement, should allow the incr-ease of the number of Korean shipowners' representatives in theROC.The Korean delegation explained that the ROK had allowed foreignshipping companies to establish their branch offices in Korea s-ince May 1989. The Korean side asked whether the ROC would allowKorean shipping companies to establish their offices in the ROCif they want to.The Chinese side stated that unlimited number of foreign shipow-ners' representatives in the ROC had not been allowed by the do-mestic law. The Chinese side, however, expressed its intentionthat the Ministry of Communications would exert to settle thisproblem with sincerity if the Korean shipping companies submitinformation on their necessity to increase the number of reside-nt representatives.G. Exclusive Rent of Container Terminal in the Kaohsiung HarbourRegarding the agreed minutes at the 6th Round of Meeting that t-he ROC side would give assistance in the Kaohsiung Harbour forthe Korean shipping companies, the ROK side regretted that theapplication by the Hanjin Shipping Co., Ltd for the lease of Pi-er 64 in the Kaohsiung Harbour had not been accepted.Emphasizing that the container cargo handled by the Korean ship-ping companies was by no means less than that handled by the Am-erican or Japanese shipping companies, the Korean side once aga-in made a strong demand that the ROC side should exert every ef-fort so that Korean shipping companies could secure an exclusivecontainer terminal in the Kaohsiung Harbour.Referring to that there was no discrimination on leasing an exc-lusive container terminal for the Korean shipping companies, theROC side explained that the decision on Pier 64 as public berthwas made bnecause the Kaohsiung Harbour was short of public pierand there were many competitors for Pier 64.The Chinese side expressed that the Kaohsiung Harbour's 5th ter-minal would be Constructed in the near future and the Korean ca-rriers will be welcomed to lease those terminals after construc-tion. The Chinese side advised the Korean carriers to contact w-ith the Kaohsiung Harbour Bureau. Necessary assistance will begiven by the Ministry of Communications of the ROC.5 Both delegations reached the same conclusion that the 7th Joi-nt Maritime Consultative Meeting was constructive and it woul-d contribute to the strengthening of traditional relationshipand mutual cooperation in the maritime field between the twocountries.Both delegations agreed that the 8th round of Consultative Me-eting would be held in Taipei next year and the date would bedetermined through the diplomatic channels.May 3,1991
  
  [Signed]Mr. Lin, Chin-ChuanChief DelegateThe Republic of China[Signed]Mr. Suh, Jae-GookChief DelegateThe Republic of KoreaAnnex "A"List of the Chinese Delegation
  
  . Chief Delegate- Mr. Lin, Chin-Chuan (林金川)
  
  Deputy Director
  
  Department of Navigation and
  
  Aviation
  
  Ministry of Communications
  
  (MOC)
  
  . Delegate- Mr. Bao, Jya-Yuan (包嘉源)
  
  Section Chief
  
  Department of Navigation and
  
  Aviation
  
  Ministry of Communications
  
  (MOC)
  
  - Mr. Cheng, Chorng-Been(郑崇宾)
  
  Specialist
  
  Department of Navigation and
  
  Aviation
  
  Ministry of Communications
  
  (MOC)
  
  - Mr. Lin, Shun-Dar (刘顺达)
  
  Specialist
  
  Department of East Asia and
  
  Pacific Area
  
  Ministry of Foreign Affairs
  
  (MOC)
  
  - Mr. Hsiang, Chung-Fa(相重发)
  
  Vice Secretary General
  
  Association of Shipping Services,
  
  R.O.C (AOSS)
  
  - Mr. Chang, Guo-Hua(张国华)
  
  President
  
  Evergreen Marine Corp., Ltd.
  
  - Mr. Lee, Mun-Chi(李孟举)
  
  President
  
  Uniglory Marine Corp., Ltd.
  
  - Mr. Jou, Muh-Haur (周慕豪)
  
  Secior Manager
  Chinese Maritime Transport Ltd.
  
  - Mr. Chen, Ching-Chih(陈清治)
  
  Vice Chairman
  
  Wan Hai Steamship Co., Ltd.
  
  - Mr. Hwang, Sin-Nan(黄信南)
  
  Vice President
  
  Chun Sine Marine Co., Ltd.
  
  Annex "B"List of the Korean Delegation
  
  . Chief Delegate- Mr. Suh, Jae-Gook (徐载国)
  
  Director General
  
  Marine Transport Bureau
  
  Korea Maritime and Port
  
  Administration (KMPA)
  
  . Delegate- Mr. Suh, Jung-Ho(徐廷皓)
  
  Director
  
  Shipping Promotion Division
  
  Marine Transport Bureau, KMPA
  
  - Mr. Baek Ok-In(白玉寅)
  
  Director
  
  Ocean Going Shipping Division
  
  Marine Transport Bureau, KMPA
  
  - Mr. Kim, Sung-Jin (金性珍)
  
  Assistant Director
  
  Shipping Promotion Division
  
  Marine Transport Bureau, KMPA
  
  - Mr. Yu, Ji-Eun(柳枝殷)
  
  Assistant Director
  
  International Trade Division Ⅱ.
  
  Ministry of Foreign Affairs
  
  - Mr. Park, Chang-Hong(朴昌弘)
  
  Secretary General
  
  Korea Shipowners' Association
  
  - Mr. Kwon, Hoon(权勋)
  
  Senior Vice President
  
  Hanjin Shipping Co., Ltd.
  
  - Mr. Moon, Ik-Sang (文益祥)
  
  Senior Executive
  
  Hyundai Merchant Marine
  
  Co., Ltd.
  
  - Mr. Park, Hyo-Won (朴孝源)
  
  Vice Chairman
  
  Cho Yang Maritime Co., Ltd.
  
  - Mr. Yang, Geel-Yong (梁吉容)
  
  Vice President
  
  Dongnama Shipping Co., Ltd.
  
  - Mr. Kim, Min-Young(金敏英)
  
  Senior Managing Director
  
  Heung-A Shipping Co., Ltd.

AGREED MINUTES OF THE 7TH SINO-KOREA JOINT MARITIME CONSULTATIVE COMMITTEE MEETING


  
  1
  
  Agreed Minutes1 Delegations of the Republic of China and the Republic of Koreaheld the 7th round of Joint Maritime Consultative Committee M-eeting in Seoul on May 2 and 3,1991 in accordance with Article8 of the Agreement on Maritime Transport between the Governme-nt of the Republic of China and the Government of the Republicof Korea. (hereinafter called the "Shipping Agreement")
  
  2 The delegation of the Republic of China was headed by Mr. Lin,Chin-chuan, Deputy Director, Department of Navigation and Avi-ation, Ministry of Communications. The delegation of the Repu-blic of Korea was led by Mr. Suh, Jae-Gook, Director General,Marine Transport Bureau, Korea Maritime and Port Administrati-on.
  
  The lists of both delegations are attached as Annex A and B.
  
  3 During the Meeting, both delegations exchanged views on a num-ber of shipping related issues, including international shipp-ing environment, in an amicable and cordial atmosphere and hi-ghly evaluated the usefulness of the Joint Meeting.4 The two delegations frankly and sincerely discussed issues of
  
  mutual interests and reached understandings as follows:
  
  A. Restrictions on Cargo Solicitation for the ROC Carriers in K-orea
  
  Pointing out that the restrictions on cargo solicitation for theROC carriers in Korea were against the principles of mutual equ-ality based on the Shipping Agreement, the ROC side requested t-he Korean side to present a time-table for lifting of the waiversystem and the restriction on cargo solicitation of interport s-ervice and Korea-Japan route.The Korean delegation explained that, though the legal basis forthe integration of Korea-Japan and Korea-Southeast Asian routeswould be effective by the end of 1991, it should take a conside-rable time to implement the actual integration due to the domes-tic circumstances in Korea.The ROC side presented the following time-table to lessen the r-estrictions on cargo solicitation for the ROC shipping companiesin Korea;- For the waiver system, the law shall be revised by 1993 and t-he related regulations shall be streamlined by 1995.- The Chinese carriers shall be able to participate in the feed-er services on the Korea-Japan route once the Japanese carrie-rs are allowed to engage above services.- The participation of the ROC oceangoing carriers in interportservices on the Korea-Southeast Asian route shall be allowedat the time when Korean ocean-going shipping companies are al-lowed to take part in Southeast Asian service. The time is ex-pected to be 1995.B. Interport Services of Korean Oceangoing Vessels in the NearSea Route.
  
  The Chinese delegation demanded that the Government of the ROKshould take regulatory actions against Korean Ocean-going linerswhich violated the ROK law about interport services in the nearsea route of the ROC.The Korean side stated it would take actions against such linersaccording to the laws if the ROC side hands in evidence materia-ls to tell any ROK shipping company had committed a violation.C. The Berthing Priority at the Port of PusanThe Chinese delegation indicated that there were unfair treatme-nts in berthing priority at the Port of Pusan to the ROC contai-ner ships.The Korean delegation explained that there was no discriminati-
  
  on according to the flag of vessel and that the BCTOC (Busan Co-ntainer Terminal Operation Corporation) had kept the rule of de-termining the priority on the base of optimizing operational ef-ficiency of the terminal.The Chinese side requested that the vessels calling at the Portof Pusan every 5 days should be considered as equivalent priori-ty to the vessels of fixed day services. The Korean delegationgave the document regulating the berth priority to the ROC sideand explained that the relevant authority in Korea would recons-ider the Chinese proposal when the 3 additional berths start r-
  
  unning in June 1991. The result will be informed to the Chineseside.D. Construction Plan of Container Terminals in KoreaEmphasizing that container terminals play very important rolesin liner shipping sector, the ROC side asked that the ROC linershipping companies should be allowed to lease and operate her o-wn container terminals in Korea.The Korean side explained as follows:
  
  - Though the Port of Pusan is expected to expand three new cont-ainer berths by this coming June and four more berths by 1994,it seems inevitable that container terminals in the Pot of Pu-san should be run as public terminals due to the rapidly grow-ing container cargo traffic in the Port of Pusan.
  
  However, the ROC carriers are welcomed to lease container termi-nals in the Port of Pusan once the terminals are decided to beleased.
  
  - In addition, ten more container berths are planned to be cons-tructed in the Port of Kwangyang by the year of 2000 and they
  
  are planned to be leased to the shipping lines which will inv-est to the construction. If the Chinese carriers are interest-ed in the development of the Port of Kwangyang, the Korean si-de is pleased to forward necessary materials to the ROC side.