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Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters, New York 10 th December, 2015 Legal Framework for Transit Transport Cooperation in the COMESA Region

Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

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Page 1: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the

LLDCs

United Nations Headquarters, New York

10th December, 2015

Legal Framework for Transit Transport Cooperation in the

COMESA Region

Page 2: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

PRESENTATION OUTLINE

1. Background

2. Corridor Framework

3. COMESA Treaty

4. COMESA Transit Transport Facilitation Instruments

5. Other Legal Instruments

6. Implementation & Challenges

7. Tripartite Initiatives

8. Way ForwardExpert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of

the LLDCs

Page 3: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

1. Background & Context

•Challenge - high transport costs that harm

competitiveness

•Transport costs affect both imports and exports

•Worse for landlocked countries

• Long 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 LLDCs

Page 4: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

2. Corridor Framework

Geographical challenge - Distance to markets but the countries are linked

o Transit; Inter-modalism; Multi-modalism; Multi-stakeholders

o Need for Legal Framework

Corridor framework provides opportunities for;

i. Coordinated infrastructure development, maintenance and management

ii. Standardization and harmonization of infrastructure, equipment, policies and skills development

iii. Harmonization of Legal Framework

iv. Information sharing, performance monitoring and efficiency improvement

v. Focused support from collaborating partners.Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of

the LLDCs

Page 5: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

3. COMESA Treaty

•Article 4 (2b) –Transport and Communications

MS Undertake to make regulations for facilitating trade within the Common Market

•Article 85 – Roads and Road Transport

(h) – establish common measures for the facilitation of road transit traffic

•COMESA 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 LLDCs

Page 6: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

4. COMESA Transit Transport Facilitation Instruments

(i) COMESA Carrier License

(ii) COMESA Transit Plate

(iii) Yellow Card

(iv) RCTG

(v) COMESA Customs Document

(vi) COMESA Transit Plates

(vii) Harmonised Road User Charges

(viii) Axle Load Limits

(ix) Vehicle Dimensions

(x)One Stop Border Posts

(xi)COMESA Virtual Trade Facilitation SystemExpert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of

the LLDCs

Page 7: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

5. Other Legal Agreements for Transit Transport Cooperation

•Regional Model Legislation on OSBP

•Corridor Agreements

•Bilateral Agreements

• Inter-railway Agreements

Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs

Page 8: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

6. Implementation & Challenges

• Most 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

instruments

• Regional Integration Support Mechanism supports MS

implementing agreed regional integration instruments

• Transit 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 LLDCs

Page 9: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

Implementation challenges relate to;

• Domestication of Harmonised policies and regulatory regimes across countries

• Guidelines and Procedures not set out clearly on a regional basis

• Lack of awareness – policy-practice divide in some cases

• Protectionist tendencies by some MS

• Weak enforcement mechanism

• High turnover of experts and regulatory staff

• Capacity constraintsExpert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of

the LLDCs

Page 10: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

7. Tripartite Initiatives

• Tripartite 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 LLDCs

Page 11: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

8. Way Forward

• Enhance corridor management and encourage use

agreed instruments in line with COMESA Treaty

• Implement adopted COMESA/Tripartite

instruments

•Align policy with practice – public/private forum

• Implement the Tripartite Transport and Transit

Facilitation Programme

• Leverage on VPoA, AAAA and 2030 Agenda for

Sustainable Development.Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of

the LLDCs

Page 12: Presented at the Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of the LLDCs United Nations Headquarters,

THANK YOU FOR YOUR KIND ATTENTION

Contact details:

Bernard Dzawanda

E-mail: [email protected]

Mobile: +260 978829149Expert Group Meeting on Improving Transit Cooperation, Trade and Trade Facilitation for the Benefit of

the LLDCs