Definition
1. This Chapter applies to a measure adopted or maintained by a Party relating to the
supply of international maritime transport services.20 For greater certainty, such
measure is also subject to Chapters Eight (Investment) and Nine (Cross-Border Trade
in Services), as applicable.
2. For greater certainty, further to Articles 8.6 (National treatment), 8.7 (Mostfavoured-nation
treatment), 9.3 (National treatment), and 9.5 (Most-favoured-nation
treatment), a Party shall not adopt or maintain a measure in respect of:
(a) a vessel supplying an international maritime transport service and flying the
flag of the other Party;21
or
(b) an international maritime transport service supplier of the other Party,
that accords treatment that is less favourable than that accorded by that Party in like
situations to its own vessels or international maritime service suppliers or to vessels
or international maritime service suppliers of a third country with regard to:
(a) access to ports;
(b) the use of infrastructure and services of ports such as towage and pilotage;
(c) the use of maritime auxiliary services as well as the imposition of related fees
and charges;
(d) access to customs facilities; or
(e) the assignment of berths and facilities for loading and unloading.