25
March 1998
Danish shipowners' association
Address to Danish shipowners' association, Copenhagen
VER
TAMBI錕絅:
Comunicados
de prensa
Noticias
Discursos:
Mike Moore
I know how important the maritime transport sector is to your country and how much influence Denmark has on maritime policy in the European Union - and therefore how much your opinions count. I also know that the inclusion of maritime transport in the General Agreement on Trade in Services - or GATS - has met with a certain resistance among you.
But
what I want to suggest tonight is that the issue of
maritime services negotiations is about to come back to
life, as a new round of liberalizing negotiations
approaches. That these negotiations offer the best
chance of promoting liberalization and competition in
your industry. And that the best way to take full
advantage of these negotiations in two-years' time is to
be fully prepared now.
The GATS covers all tradeable services - the only important exception being in the air transport sector. It therefore covers maritime services, which means that the 132 Members of the WTO may make commitments, enforceable through a powerful dispute settlement mechanism, to allow the shipping industries of other Members to invest and trade in their markets on the same terms as the domestic industry. There is no possibility that the maritime sector could now be withdrawn from the scope of the Agreement.
But, unfortunately, the impact of the Agreement on shipping has so far been modest. It is well known that last-minute negotiations in the Uruguay Round between the European Union and the United States failed - leading to a withdrawal of the offers they had made, and the decision to resume negotiations after the Round with a deadline of June 1996. Even then, of the three services sectors that have been the subject of subsequent negotiation - maritime transport, financial services and basic telecommunications - maritime is the only case in which the negotiations clearly failed. Only 36 countries have made market access commitments, and the most-favoured-national principle has been suspended for countries which have not made commitments. Only two countries, Iceland and Norway, added to the market access commitments which they had made in the Uruguay Round. The US and the EU made no commitments at all - leading to another suspension of the negotiations.
The contrast with our major successes in telecommunications and financial services over the past twelve months is striking. Both were at least as difficult in technical and political terms as the maritime sector. And yet both were concluded in 1997 with impressive results and with the essential backing of industries. The agreement in telecommunications involved 69 countries representing 93 per cent of the global market. The financial services agreement represented 95 per cent of the global financial services market, and brought trade in banking, insurance, securities, and financial information in the realm of multilateral rules for the first time. Customers will benefit hugely from the increased competition, increased choice and lower prices that global liberalization will bring. But industry will also benefit greatly from the new national markets which have been opened, and from the predictability and stability that will flow from enforceable global rules in these sectors.
The simple reality is that the principles of the GATS are as important to your industry as to others - indeed, the most-favoured nation clause owes its existence to the trade and navigation treaties of the past, and national treatment has been the objective of all bilateral maritime agreements for the last 150 years. More than most other service suppliers, shipowners stand to benefit from the binding of market access commitments and effective dispute settlement because they are so vulnerable to arbitrary customs treatment. As you well know, every day a ship is blocked in a port costs thousands of dollars. In the absence of multilateral dispute settlement provisions, the shipowner also faces the danger of unilateral sanctions, such as Section 19 of the US Shipping Act, or EEC Council Regulations. Even for the country applying them, these are slow and cumbersome, and they carry heavier diplomatic costs than a multilaterally-accepted procedure.
There are two main reasons why the application of the GATS to maritime transport has inspired some misgiving, if not distrust, in the industry. The first is the fear that GATS does not go far enough - and that by scheduling specific commitments in GATS certain restrictive practices might be locked in. I fully understand your desire for ambitious liberalization and full National Treatment. But this is not a rationale for avoiding future multilateral negotiations in this sector. Just the opposite. Restrictive policies are already widely practised without an agreement - and may proliferate. Outside the GATS process, there is no obligation to remove these restrictions, no mechanism for negotiating them away, and no recourse to dispute settlement.
To
say "it is better to steer clear of the GATS than to
legitimize practices we disapprove of" is to deprive
yourselves of the possibility of attacking these
restrictions in future negotiations. By scheduling
these restrictions we are at least explicitly recognizing
them as limitations on access or national
treatment. We are also erecting a policy wall
against further restrictions. And if these
restrictions are exceeded, then they can be challenged in
dispute settlement.
More importantly, the dynamic of negotiations in the GATS
is that once the system of offers is set in motion it can
only move forward: thus, commitments in the field
of financial services, already far-reaching in 1993, were
extended once in 1995 and again in 1997 to a degree which
seemed inconceivable a few years earlier. The speed
of negotiated change was even more striking in
telecommunications. Liberalization under the GATS
has acquired a strong and irreversible momentum.
The second common objection to the involvement of
maritime in multilateral negotiations is that the
industry's interests may be traded off against some
objective sought in another sector. Of course, that
argument could be used by every industry. But the
single-sector negotiation on maritime in 1996 failed even
to get off the ground: in the Uruguay Round with a
huge agenda and the interests of other exporting
industries in mind, the United States at least reached
the stage of tabling an offer on maritime, though it was
a modest one. Despite the successes in financial
services and telecommunications, experience suggests that
difficult objectives such as liberalization in maritime
transport are more easily reached in the context of a
great negotiation - where trade-offs are possible - than
in self-contained negotiations.
Your
goal in the next negotiations should be to push hard for
liberalization. Only in the WTO context can you
engage the US and other major players in such a
debate. And only in the WTO context can the
benefits of liberalization be anchored in mutually
binding and enforceable rules. If there are to be
trade-offs, then these trade-offs will only be to your
benefit.
Making progress in the Maritime Services negotiations
will be an important part of moving forward on a much
wider trade agenda in the coming years. Average
tariff levels among industrialized nations have come down
to less than 4 per cent today from 40 per cent in
1950. World trade has expanded fourteen fold over
the same period. And we have established the
trading order on a firm institutional foundation with the
creation of the WTO in 1995 - providing a permanent forum
for future negotiations, and a binding mechanism for
settling disputes. When China, Russia, and the 29 other
candidates including the three Baltic countries join the
WTO - and I have every expectation they will - we will
have created a truly universal trading system. An
achievement that will be a major contribution, not just
to global prosperity, but to global stability and
security as well.
I
began by noting that Denmark has always had a strong
interest in the multilateral system. And of course
no sector exemplifies your worldwide interests more than
the maritime sector - a sector which, as a result of
advances in shipping capacity and containerization, has
been one of the single most powerful engines of
globalization.
Deepening dependence on global trade and the need to
maintain global competitiveness is central to the broader
European agenda as well. The completion of the
single market, the creation of a single currency, the
challenge of shaping a common European foreign policy to
match a common commercial policy - all of these issues
are both familiar and new. They rose out of the
demands for European security. They will advance
because of the need to ensure Europe's competitiveness in
a fast-changing world.
As the multilateral trading system enters its next fifty years, the voice of the business community, and the shipping sector in particular, will be critical. Already Danish business has successfully pushed for global telecommunications liberalization and for free trade in information technologies. Denmark has been one of the most generous financial contributors to the system - especially towards ending the marginalization of the least-developed countries. I trust we can continue to count on your support and your guidance, as the WTO begins to chart the trade routes of the future.