United Nations Headquarters New York 10 th December 2015 Legal Framework for Transit Transport Cooperation in the COMESA Region PRESENTATION OUTLINE Background Corridor Framework COMESA Treaty ID: 563952
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Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsUnited Nations Headquarters, New York10th December, 2015
Legal Framework for Transit Transport Cooperation in the COMESA RegionSlide2
PRESENTATION OUTLINEBackground Corridor Framework
COMESA TreatyCOMESA Transit Transport Facilitation InstrumentsOther Legal InstrumentsImplementation & ChallengesTripartite InitiativesWay Forward
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsSlide3
Background & ContextChallenge - high transport costs that harm competitiveness
Transport costs affect both imports and exportsWorse for landlocked countriesLong distances from the market, poor state of infrastructure and, regulatory and administrative bottlenecks (weak transit arrangements)
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsSlide4
Corridor FrameworkGeographical challenge - Distance to markets but the countries are linkedo
Transit; Inter-modalism; Multi-modalism; Multi-stakeholderso Need for Legal Framework Corridor framework provides opportunities for;Coordinated
infrastructure development, maintenance and managementStandardization and harmonization of infrastructure, equipment, policies and skills
development
Harmonization of Legal Framework
Information
sharing, performance monitoring and efficiency improvementFocused support from collaborating partners.
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsSlide5
COMESA TreatyArticle 4 (2b) –Transport and Communications
MS Undertake to make regulations for facilitating trade within the Common MarketArticle 85 – Roads and Road Transport(h) – establish common measures for the facilitation of road transit
trafficCOMESA Protocol on Transit Trade and Transit Facilities is Annex 1
of the COMESA Treaty.
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsSlide6
4. COMESA Transit Transport Facilitation Instruments(i)
COMESA Carrier License COMESA Transit Plate Yellow Card
RCTG
COMESA
Customs Document
COMESA Transit Plates
Harmonised
Road User
Charges
Axle
Load Limits
Vehicle Dimensions
One
Stop Border Posts
COMESA
Virtual Trade Facilitation System
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsSlide7
5. Other Legal Agreements for Transit Transport CooperationRegional Model Legislation on OSBPCorridor Agreements
Bilateral AgreementsInter-railway Agreements
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsSlide8
6. Implementation & ChallengesMost countries are making an effort to implement the instruments (to varying degrees).Some have derogations in respect of some agreed standards
Northern Corridor is the leader in the implementation of instrumentsRegional Integration Support Mechanism supports MS implementing agreed regional integration instrumentsTransit Transport instruments are among the key indicators monitored under RISM
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsSlide9
Implementation challenges relate to;Domestication of Harmonised policies and regulatory regimes across countries
Guidelines and Procedures not set out clearly on a regional basisLack of awareness – policy-practice divide in some casesProtectionist tendencies by some MS
Weak enforcement mechanism
High
turnover of experts and regulatory
staff
Capacity constraints
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsSlide10
7. Tripartite InitiativesTripartite considering proposals on Harmonised Cross Border Road Transport Regulations and Standards pertaining to the following;
(i) Tripartite Vehicle Regulations and Standards;(ii) Training and Licensing of Commercial Drivers; (iii) Harmonization of Cross Border Third Party Motor Vehicle Insurance Schemes;(iv) Proposed Self-Regulatory Scheme –Road Transport Management System;
(v) Tripartite Transport Registers, Information Platform and System [TRIPS];(vi) Draft Multilateral Cross Border Road Transport Agreement [MCBRTA]; and
(vii) Implementation Plan for Harmonised Tripartite Cross Border Road Transport
Regulations
and Standards
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCsSlide11
8. Way ForwardEnhance corridor management and encourage use agreed instruments in line with COMESA Treaty Implement adopted COMESA/Tripartite instruments
Align policy with practice – public/private forumImplement the Tripartite Transport and Transit Facilitation ProgrammeLeverage on VPoA, AAAA and 2030 Agenda for Sustainable Development.
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THANK YOU FOR YOUR KIND ATTENTIONContact details:
Bernard DzawandaE-mail: bdzawanda@comesa.intMobile: +260 978829149
Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs