INSTRUCTIONS FOR FORM MBEO
Please comply with the following filing and notification requirements under the Competition (Block Exemption for Liner Shipping Agreements) Order (“Block Exemption Order”).
Please note that the Block Exemption Order applies only to liner shipping agreements (“Agreements”). An Agreement is defined as an agreement between two or more vessel-operating carriers which provide liner shipping services pursuant to which the parties agree to co-operate in the provision of liner shipping services in respect of one or more of the following:
(a) technical, operational or commercial arrangements;
(b) price; or
(c) remuneration terms.
‘Liner shipping services’ means the transport of goods on a regular basis on any particular route between ports and in accordance with timetables and sailing dates advertised in advance and made available, even on an occasional basis, by a liner operator to any transport user against payment; and includes any inland carriage of goods occurring as part of through transport.
1. Filing and Notification Procedures
1.1 Filings and notifications under the Block Exemption Order, including any supporting documents, are to be submitted electronically via the following weblink.
|Relevant provisions of the Block Exemption Order
||Online Form MBEO
| Filing relating to paragraph 5(2)(b)(i) of the Block Exemption Order –
• Filing of an Agreement
| Form MBEO (Part 1)
| Filing relating to paragraph 5(2)(b)(ii) of the Block Exemption Order
• Filing of variations or amendments to an Agreement previously filed with CCCS
| Form MBEO (Part 2)
1.2 The online Form MBEO supports attachments up to 3Mb per attachment. If your attachment exceeds this file size, please email the attachment to CCCS_feedback@cccs.gov.sg.
1.3 CCCS will only accept the filing of such Agreements, or variations or amendments thereto, that are finalised and, if in writing, signed by all parties to the Agreement.
2.1 CCCS expects strict compliance with the time period specified below. Where the time periods for filing below cannot be complied with strictly, please state in the Form MBEO that the filing is out of time and the reason(s) why this is the case. CCCS will evaluate the application on a case-by-case basis.
2.2 Where the Agreement takes effect on or after 1 January 2021, such Agreement must be filed with CCCS in accordance with Form MBEO by no later than 14 days after the Agreement takes effect.
2.3 Where any variation or amendment is made to an Agreement that has previously been filed with CCCS and such variation or amendment takes effect on or after 1 January 2021, such variation or amendment together with the varied or amended Agreement must be filed with CCCS, upon CCCS’s request, in accordance with Form MBEO within such time as stipulated by CCCS.
2.4 Where parties seek to satisfy paragraph 5(2)(b) of the Block Exemption Order upon the expiry of the grace period referred to in paragraph 6(1) or (2) of the Block Exemption Order, the Agreement and/or any variation or amendment to the Agreement must be filed with CCCS at least 14 days prior to the expiry of the grace period.
3. Supporting Documents
3.1 Please submit a soft copy of the written Agreement, any variation or amendment to the written Agreement, any other relevant documents (where applicable) or such other document(s) requested by CCCS (as the case may be). Please note:
a) Where the Agreement, any variation or amendment, any other relevant document (where applicable) or such other document(s) requested by CCCS (as the case may be) is in a language other than the English language, a duly-certified translation of the document into the English language is to be provided; and
b) Where any part of the Agreement, any variation or amendment, any other relevant document (where applicable) or such other document(s) requested by CCCS (as the case may be) is not in writing, a memorandum providing a full description of the details of the same is to be provided.
3.2 Each undertaking making the filing or notification is required to submit a soft copy of the signed declaration (digitally signed or otherwise) with respect to the information provided in the Form MBEO. The declaration form can be found in Part 3 of this instructions.