4.2.2016
EN
Official Journal of the European Union
L 29/27
This paragraph does not apply to the establishment for the purpose of operating a fleet under the national flag of a
Member State of the European Union or of the Republic of Kazakhstan.
4.
Such activities include, but are not limited to:
(a) marketing and sales of maritime transport and related services through direct contact with customers, from
quotation to invoicing, whether these services are operated or offered by the service supplier itself or by service
suppliers with which the service seller has established standing business agreements;
(b) purchase and use, on their own account or on behalf of their customers (and resale to their customers) of any
transport and related services, including transport services by any inland mode, necessary for the supply of an
intermodal service;
(c) preparation of documentation concerning transport documents, customs documents, or other documents related to
the origin and character of the goods transported;
(d) provision of business information by any means, including computerised information systems and electronic data
interchange (subject to any non-discriminatory restrictions concerning telecommunications);
(e) setting up of any business arrangement with other shipping agencies, including participation of the company's stock
and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the relevant
provisions of this Agreement), with any locally established shipping agency;
(f) acting on behalf of the juridical persons, inter alia, in organising the call of the vessel or taking over cargoes when
required.
5.
In view of the existing level of liberalisation concerning the cross-border supply of services between the Parties in
international maritime transport:
(a) the Parties shall apply effectively the principle of unrestricted access to the international markets and trades on a
commercial and non-discriminatory basis;
(b) each Party shall grant to ships operated by service suppliers of the other Party treatment no less favourable than that
accorded to its own ships or those of any third country, whichever are the better with regard to, inter alia, access to
ports, the use of infrastructure and services of the ports, and the use of maritime auxiliary services, as well as related
fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.
6.
In applying the principles set out in paragraph 5, the Parties shall:
(a) not apply, as from the entry into force of this Agreement, any cargo-sharing provisions of bilateral agreements
between any Member State of the European Union and the Republic of Kazakhstan;
(b) not introduce cargo-sharing clauses into future bilateral agreements with third countries, other than in those
exceptional circumstances where liner shipping companies from one or other Party to this Agreement would not
otherwise have an effective opportunity to ply for trade to and from the third country concerned;
(c) prohibit cargo-sharing arrangements in future bilateral agreements concerning dry and liquid bulk trade;
(d) upon the entry into force of this Agreement, abolish and abstain from introducing any unilateral measures and
administrative, technical and other obstacles which could constitute a disguised restriction or have discriminatory
effects on the free supply of services in international maritime transport.
7.
Natural and juridical persons of the European Union providing international maritime transport services shall be
free to provide international sea-river services in the inland waterways of the Republic of Kazakhstan and vice versa.
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