The European Union’s Tacis TRACECA program
-
Upload
matthew-combs -
Category
Documents
-
view
32 -
download
1
description
Transcript of The European Union’s Tacis TRACECA program
Common Legal Basis for Transit Transportation
The European Union’s Tacis TRACECA program
for Armenia, Azerbaijan, Bulgaria, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Romania, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan
A project implemented by
Lamnidis & Associates
EuropeAid
This project is funded by the European Union
Common Legal Basis for Transit Transportation
Workshop on Corridor Development for Caucasus Countries
May 18-19, 2004
Tbilisi, Georgia
- Trade and Transport Facilitation -
2
Common Legal Basis for Transit Transportation
Trade Facilitation
Trade Facilitation
TRADETRADE TRANSPORTTRANSPORT
CUSTOMSCUSTOMS
The three dimensions
GENERAL
3
Common Legal Basis for Transit Transportation
SIMPLIFICATION OF
ADMINISTRATIVEPROCEDURES
INTERNATIONAL TRANSPORT
TRADE
Interrelation of strengthening of institutional grounds for investments and Trade and Transport turnover growth
GENERAL
Institutional grounds for in
vestments
Economic development
4
Common Legal Basis for Transit Transportation
Objective of Trade Facilitation
To provide a world-wide accepted, consistent, transparent and predictable environment for international trade transactions.
Aims of Trade Facilitation
• To improve the quality of international transport and logistics,• To adapt commercial trade and transport practices to
international standards, • To remove obstacles and non-physical barriers to trade.
GENERAL
5
Common Legal Basis for Transit Transportation
Trade Facilitation Goals
• Implementation of WTO, WB, PCA, UN ECE, UN ESCAP, WCO / regional commitments
• Automated Customs clearance with minimal data requirements
• Remote filing and simplified clearance procedures
• Pre-arrival processing, post-clearance controls and audits
• "Fast-track" handling for authorized traders, chosen on the basis of risk assessment
• Single window” solutions and “one stop” clearance by the co-ordination of activities of Government agencies to avoid multiple checks of the same cargo at different times and places
GENERAL
6
Common Legal Basis for Transit Transportation
Trade Facilitation Goals
GENERAL
• A standard time limit for Customs clearance• Co-operation between Customs agencies and trade
entities such as shippers, transportation operators, freight forwarders, chambers of commerce and banks
• Transparency of Customs rules and procedures• Increasing border control capacity (modernization of
infrastructure and computerization)• Harmonization of data elements and requirements• “E-commerce
7
Common Legal Basis for Transit Transportation
Trade Growth
174 163 398 425
11331300
0
500
1000
1500
bio
Eu
ro
1980 1990 2001
Trade of the countries with the World
import export
27 15 8955
240134
0
100
200
300
bio
Eu
ro
1980 1990 2001
Trade of EU with the countries
Import Export
Country with the world European Union with the countryYears 1980 1990 2001 1980 1990 2001Contry/Trade import export import export import export import export import export importASEAN 45 50 122 110 364 421 7 7 19 18 61Japan 100 89 178 214 374 425 16 5 53 24 76China 14 12 41 49 242 292 2 2 10 6 81Shouth Korea 15 12 57 52 153 162 2 1 7 7 22Total 174 163 398 425 1133 1300 27 15 89 55 240
Year 2002ASEAN : Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam
STATISTICS
8
Common Legal Basis for Transit Transportation
Trade GrowthMLA Parties
Years 1993 1995 2001 1993 1995 2001Armenia 300 800 1400 55 101 400Azerbaijan 1390 928 4177 69 171 1443Bulgaria 5782 8144 13629 2500 3887 7501Georgia 400 400 1700 131 122 600Kazakhstan 2393 6914 20157 999 806 4562Kyrgyzstan 700 700 1000 16 87 120Moldova 951 1213 2334 92 242 530Romania 9800 14000 30100 4300 7200 21800Tajikistan 800 1200 1500 200 150 130Turkmenistan 1000 2400 3000 300 300 500Ukraine 6900 26700 34800 2600 3700 9700Uzbekistan 1400 4400 4800 600 900 1200Total 31816 67799 118597 11862 17666 48486
EU with the country (mio Euro)
Country with the world (mio Euro)
STATISTICS
9
Common Legal Basis for Transit Transportation
300800
1400 1390928
4177
400 400
1700
0
1000
2000
3000
4000
5000
Armenia Azerbaijan Georgia
Caucasus with the world (mio Euro)
1993
1995
2001
55 101
400
69171
1443
131 122
600
0
200
400
600
800
1000
1200
1400
1600
Armenia Azerbaijan Georgia
EU with the Caucasus (mio Euro)
1993
1995
2001
STATISTICS
10
Common Legal Basis for Transit Transportation
2393
6914
20157
7007001000 80012001500 100024003000
1400
44004800
0
5000
10000
15000
20000
25000
Kaz Kyr Taj Tur Uzb
Central Asia with the world (mio Euro)
1993
1995
2001
999806
4562
16 87120 200150130 300300500 600
9001200
0
500
1000
1500
2000
2500
3000
3500
4000
4500
5000
Kaz Kyr Taj Tur Uzb
EU with the Central Asia (mio Euro)
1993
1995
2001
STATISTICS
11
Common Legal Basis for Transit Transportation
57828144
13629
95112132334
9800
14000
30100
6900
26700
34800
0
5000
10000
15000
20000
25000
30000
35000
Bulgaria Moldova Romania Ukraine
Eastern Europe with the world (mio Euro)
1993
1995
2001
25003887
7501
92 242530
4300
7200
21800
26003700
9700
0
5000
10000
15000
20000
25000
Bulgaria Moldova Romania Ukraine
EU with the Eastern Europe (mio Euro)
1993
1995
2001
STATISTICS
12
Common Legal Basis for Transit Transportation
Container transport
2604
4899
2822
5426
2880
6329
3035
6764
3194
7205
0
1000
2000
3000
4000
5000
6000
7000
8000
TEU (000s)
2001 2002 2003 2004 2005
Graph 1. Europe and Eastern Asia Trade TEU
West-East
East-West
STATISTICS
13
Common Legal Basis for Transit Transportation
TRANSIB
TRACECA
SOUTH
NOSTRAC
TRANSOCEAN
STATISTICS
14
Common Legal Basis for Transit Transportation
Project Environment
Supplier/Customer
TransportationPurchase PaymentCustomer/Supplier
Intermediary
Project’senvironment
Stateauthorities
PROJECT ACTIVITY
15
Common Legal Basis for Transit Transportation
Overall Project Objectives
Facilitation of development of economic relations, trade communication in the TRACECA region by means of:
- devising of a common legal framework for multimodal carriage of goods and cargo insurance;
- harmonization of national legislation with international principles and requirements relevant to transit traffic;
- facilitation of accession to, ratification and efficient implementation of the priority international conventions;
- harmonization of legal and regulatory framework in the field of transport and customs regulation, incorporating international standards and requirements;
- Improvement of the investment environment for IFI’s and particularly for private investors
PROJECT ACTIVITY
16
Common Legal Basis for Transit Transportation
Project Objectives
• National Legal Working Groups (NLWG) established and efficient operation ensured • Bilateral and multilateral transport transit agreements collected, catalogued and analysed• Ratification of identified recommended conventions and other treaties promoted and
implementation facilitated by means of, inter alia, management development and training
• Guide to International conventions and agreements for transport operators and traders elaborated
• Training program for IGC NLWGs conducted• Draft New Technical Annex(es) to the MLA
– on multimodal transit transport– on TRACECA investments– on freight forwarding operations
• TRACECA road haulage permit and quota system elaborated • Modern technical vehicle standards: needs studied, regulative innovations recommended• Legal assistance to the IGC Permanent Secretariat provided throughout the project
duration • Introduction of the TRACECA Visa• Draft Main strategic directions of Intergovernmental Commission of TRACECA in the
development of transport networks of international transport corridor “Europe-Caucasus-Asia” (TRACECA) for 2005-2010 proposed
PROJECT ACTIVITY
17
Common Legal Basis for Transit Transportation
Project Steps towards Increased TRACECA Transport Corridor Competitiveness (tasks of LWG)
Short-term tasks (1 phase)
– Analysis and monitoring of the existing transport legislation;
– Adoption of the Rules of Procedures IGC and Statutes PS IGC TRACECA;
– Adoption of recommendations on accession to International Conventions (Multimodal, Kyoto Convention etc.);
– Approval of the “TRACECA Permits System” concept for the road transport;
– Identification of violations of MLA
Long-term tasks (2 phase)
– Adoption of amendments/ annexes to the MLA;
– Introduction followed by approval of common technical standards on waits and dimensions for the road transport in TRACECA region;
– Accession to the priority international conventions in the field of transit transportation.
PROJECT ACTIVITY
18
Common Legal Basis for Transit Transportation
Trade and Transport Facilitation Working Groups
NATIONAL NATIONAL COMMISSIONSCOMMISSIONS
NATIONAL NATIONAL SECRETARIESSECRETARIES
TRACECA IGCTRACECA IGC
PERMANENT PERMANENT SECRETARIATSECRETARIAT
UPTFTUPTFT
PROJECTS
LEGALLEGAL
TFWGTFWG
BORDERSBORDERS
TFWGTFWG
TARIFFSTARIFFS
TFWGTFWG
CLBTTCLBTT
HBCPHBCP
TRACECA National Trade and Transport Facilitation Working Groups
PRO-PRO-COMMITTIEESCOMMITTIEES
PROJECT ACTIVITY
19
Common Legal Basis for Transit Transportation
Trade & Transport Facilitation Legal Working Groups
National Legal Working Group (NLWG)
• Monitoring of current legislation in international transit transportation
• Identification of deviations from the international agreements and conventions in force
• Promotion of compliance of the national legislation with provisions of international agreements and conventions
• Facilitation of accession to the existing priority conventions
• Development of recommendations for simplification of the existing regulations applicable to transit transportation
• Simplification of border-crossing procedures keeping sufficient administrative control preventing illicit trafficking of goods
• Active cooperation with Pro-Committees established by the World Bank
Multilateral Legal Working Group (MLWG)
• Analysis of the current national TRACECA member states laws and regulations for international and transit transportation
• Consideration of the recommendations on simplification and harmonization of international transit transport regulations in the TRACECA member states
• Elaboration of the common action plan for increased competitiveness of the TRACECA transit corridor
• Devising recommendations to the PS and IGC on incorporation of amendments and additions to the Basic Multilateral Agreement and it’s annexes
PROJECT ACTIVITY
20
Common Legal Basis for Transit Transportation
Protocol on Amendments to the MLA
Facilitation of Trade and Transport
Documentation Procedures
VAT zero-rate on railway transport services on international and transit railway connection
New Technical Annex on International Customs Transit Procedures for carriage of goods by rail using “SMGS” railway bill to the MLA
Signed
Draft Protocol on Amendments to the TAs on International Road Transport and Customs Documentation Procedures
7 additions and amendments to the Technical Annex on International Road Transport
3 additions and amendments to the Technical Annex on Customs Documentation Procedures
Under consideration
Draft Protocol on Amendments to the TAs on International Road Transport
8 additions and amendments to the Technical Annex on International Road Transport
Under consideration
Draft Protocol on Amendments to the MLADraft New Technical Annex on multimodal transport (10 articles)
Under consideration
Draft Protocol on Amendments to the MLA on TRACECA Investment
Draft New Technical Annex on TRACECA Investment (17 articles)
Under consideration
Draft Protocol on Amendments to the TA on Customs Documentation Procedures
5 additions and amendments to the Technical Annexes on Customs Documentation Procedures
Under consideration
Draft New Technical Annex to MLA on Freight Forwarding Activities
22 ArticlesUnder
consideration
Draft Main strategic directions of IGC TRACECA in the development of transport networks of international transport corridor for 2005-2010
Under consideration
Amendments, Additions and Technical Annexes to the MLA elaborated by the CLBTT project in order to Facilitate Trade and Transport
PROJECT ACTIVITY
21
Common Legal Basis for Transit Transportation
TRACECA VISA
The Protocol of amendments to the Basic Multilateral Agreement on international transport for development of the Europe – the Caucasus – Asia corridor signed on the Third IGC Annual Meeting in Yerevan, October 9-10, 2003 was the first amendment to MLA since its signature in 1998.In order to facilitate Trade and Transport, the above mentioned protocol with 3 amendments and a new Technical Annex have been signed by Parties of the MLA as follows:• Armenia, Azerbaijan, Kyrgyz Republic, Moldova, Romania, Tajikistan – fully endorsed;• Kazakhstan, Turkey Bulgaria, Georgia and Ukraine - endorsed with reservations;• Uzbekistan - did not sign the Protocol because the representative did not have an authority for signature.
Milestones in Project induced harmonization process
Tangible results (OVIs) achieved by the Project at Yerevan Conference
22
Common Legal Basis for Transit Transportation
Milestones in Project induced harmonization process
Tangible results (OVIs) achieved by now by the CLBTT NLWGs
Kazakhstan – waived the reservation to the Technical Annex on international railway transport to the MLA
Turkey – apply for accession to SMGS Agreement
Ukraine – made amendments to the Low of Ukraine “On transit” about using SMGS railway bill as a single transit document
Uzbekistan – signed Protocol on amendments to the MLA
Azerbaijan – ratified the Protocol on amendments to the MLA
23
Common Legal Basis for Transit Transportation
Trade Facilitation National Legal Working Groups - Monitoring and Evaluation Indicators
Oct
Nov
Oct
Nov
Oct
Nov
Oct
Nov
Oct
Nov
Oct
Nov
Oct
Nov
Oct
Nov
Oct
Nov
Oct
Nov
Oct
Nov
Oct
Nov
Road
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT
Proposals/recommendations ToR 3.3, 3.4 LT
Consideration of Protocol TRACECA Permit System STSTDecision-making on necessity of TA to MLA on road vehicle tech.
standards1 PO PR, 5 STConsideration of Protocol Liberalization of road transport and Charging policy
LT
Rail
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT
Proposals/recommendations ToR 3.3, 3.4 LT
Consideration2 of Protocol (Tash Conf) SMGS 0-VAT rate ST
Maritime3
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT
Proposals/recommendations ToR 3.3, 3.4 LT
Multimodal
Review and Report on implementation of AP, I ST
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT
Proposals/recommendations ToR 3.3, 3.4 LT
Consideration of Protocol TA on Multimodal Transport LT
Customs Procedures4
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT The Legend:
Proposals/recommendations ToR 3.3, 3.4 LT
Consideration of Protocol (Tash Conf) – in part of TRACECA Visa5 ST
Protocol on Transit Facilitation to TA on Customs Doc. Procedures LT
Protocol on International Conventions LT
Transport Investments
Consideration of Protocol on TRACECA Investments LT
1Decision is to be made in view of Minsk Convention on weights and dimensions of transport vehicles for CIS, 1999 2Task shall become applicable only if the Protocol is not signed in Yerevan in October 2003 3Special attention must be paid to the Tri-partite Agreement between Ukraine, Bulgaria and Georgia on railway ferry connection operation, 19994This tasks shall be carried out in cooperation with HBCP Project and Customs Working Groups created under this Project5Task shall become applicable only if the Protocol is not signed in Yerevan in October 2003
Tur Ukr Uzb
NS's Report
Aze Arm Bul Geo Kaz Kyr Mol Rom Tad
L - Letter of General Secretary PS IGC TRACECA Feb-5-03
List of Abbreviations:
Full compliance with recomendations of Project Team and PS
AP - Baky Action Program on Multimodal Transport to Protocol of the Meeting of Heads of Railways, Ports and Shipping Companies (17-18
PR - Progress Report
PO PR/IR - Plan of Operations of Progress/Inception Report
TA - Technical Annex
NS - National Secretary
ToR - Terms of Reference of National Legal Working Groups
ToR (A) - Annex to ToR NLWGs
Description of Tasks
No report received
Report not compliant
Partial compliance
IR - Inception Report
LT - Long Term Task
ST - Short Term Task
Protocol - 6 Protocols on Amendments to the Basic Multilateral Agreement
Rail
Road
Reference Category
Transport Investments
Customs Procedures
Multimodal
Maritime
PROJECT ACTIVITY
24
Common Legal Basis for Transit Transportation PROJECT ACTIVITY
Trade Facilitation National Legal Working Groups - Monitoring and Evaluation Indicators
Road
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT
Proposals/recommendations ToR 3.3, 3.4 LT
Consideration of Protocol on Permit System STST
Decision-making on necessity of TA on road vehicle tech. standards 1 PO PR, 5 ST
Consideration of Protocol on Charging Policies Liberalization LT
Rail
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT
Proposals/recommendations ToR 3.3, 3.4 LT
Consideration2 of Protocol (Tash Conf) SMGS 0-VAT rate ST
Maritime 3
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT
Proposals/recommendations ToR 3.3, 3.4 LT
Multimodal
Review and Report on implementation of AP, I ST
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT
Proposals/recommendations ToR 3.3, 3.4 LT
Consideration of Protocol TA on Multimodal Transport LT
Freight forwarding operations
Consideration of draft TA on FF operations
Customs Procedures 4
Review and collection ToR 3.1 ST
Identification of violations ToR 3.2 LT The Legend:
Proposals/recommendations ToR 3.3, 3.4 LT
Consideration of Protocol (Tash Conf) – in part of TRACECA Visa5 ST
Protocol on Transit Facilitation to TA on Customs Doc. Procedures LT
Protocol on International Conventions LT
Transport Investments
Consideration of Protocol on TRACECA Investments LT
TRACECA Strategy
Consideration of Draft IGC TRACECA Strategy
1Decision is to be made in view of Minsk Convention on weights and dimensions of transport vehicles for CIS, 1999 2Task shall become applicable only if the Protocol is not signed in Yerevan in October 2003 3Special attention must be paid to the Tri-partite Agreement between Ukraine, Bulgaria and Georgia on railway ferry connection operation, 19994This tasks shall be carried out in cooperation with HBCP Project and Customs Working Groups created under this Project5Task shall become applicable only if the Protocol is not signed in Yerevan in October 2003
Description of Tasks NS's Report
Reference CategoryAze Arm Bul Geo Kaz Kyr Mol Rom Tad Tur Ukr Uzb
Road List of Abbreviations:
ToR - Terms of Reference of National Legal Working Groups
ToR (A) - Annex to ToR NLWGs
TA - Technical Annex
NS - National Secretary
L - Letter of General Secretary PS IGC TRACECA Feb-5-03Rail
PR - Progress Report
PO PR/IR - Plan of Operations of Progress/Inception Report
IR - Inception Report
Maritime LT - Long Term Task
ST - Short Term Task
AP - Baky Action Program on Multimodal Transport to Protocol of the Meeting of Heads of Railways, Ports and Shipping Companies (17-18
Multimodal
Protocol - 6 Protocols on Amendments to the Basic Multilateral Agreement
Customs Procedures
No report received
Report not compliant
Transport Investments
Partial compliance
Full compliance with recomendations of Project Team and PS
25
Common Legal Basis for Transit Transportation
CLBTT Project Recommendations: Creation of attractive investment environment
• Facilitation of investment in the field of transport along the TRACECA routes Draft New Technical Annex to the Basic Agreement on TRACECA investment, Article 2
• Creation of attractive environment for IFI’s and private investors by implementation and improvement of modern and flexible form of investment:
– Modern forms of concession of the transport infrastructure objects with active participation of private investors (BOT etc.);
– Free economic areas or zones;– Transport logistic centers (hubs);– TRACECA Guarantee Trust Fund;– TRACECA Economic Interest Grouping;– TRACECA Industrial Advisory Forum/Panel;– Settlement of Disputes. Source: Draft Main strategic directions of Intergovernmental Commission of TRACECA in the development of transport networks of
international transport corridor “Europe-Caucasus-Asia” (TRACECA) for 2005-2010
• Promotion of investment flows and insurance of non-commercial risks Convention Establishing the Multilateral Investment Guarantee Agency, 1985, Chapter 1, Article 2
PROJECT ACTIVITY
26
Common Legal Basis for Transit Transportation
CLBTT Project Recommendations:Trade and Transport facilitation
Presently Article 5 “Payment of taxes, duties and other payments” of MLA reads:
Draft amendment to the article 5 of the Basic Multilateral Agreement:
Taxes, duties and other payments, irrespective of their names and origin shall not be imposed for types of transport referred to in Article 1 of the Basic Agreement, except payments for transport and customs services, services related to transport, as well as payments for use of transport infrastructure.
Taxes, duties and other payments, irrespective of their names and origin shall not be imposed for transport in transit, except payments for transport and customs services, services related to transport, as well as payments for use of transport infrastructure.
27
Common Legal Basis for Transit Transportation
CLBTT Project Recommendations:Trade and Transport facilitation
Presently Clause 2 of Article 6 “Preferential Terms and Tariffs” of MLA reads:
2. The Parties have agreed that should preferential terms and tariffs be established between two Parties for types of transport referred to in Article 1 of the Basic Agreement, no less preferential terms and tariffs will be applicable between these Parties and other Parties.
Draft amendment to the Clause 2 of Article 6 of the Basic Multilateral Agreement:
2. The Parties have agreed that should preferential terms and tariffs be established between two Parties or between a Party/Parties with a third country/countries, for types of transport referred to in Article 1 of the Basic Agreement, no less preferential terms and tariffs will be applicable for all Parties to the Basic Agreement.
28
Common Legal Basis for Transit Transportation
• Improvement of services on organization of transportation of goods by any kind of transport
Draft New Technical Annex to MLA on Freight Forwarding Activities (CLBTT Project)
• Commercial or transport document as descriptive part of transit declaration
WCO, Revised Kyoto Convention, Specific Annex E, Chapter 1 Standard 6
Technical Annex on International Customs Transit Procedures for carriage of goods by rail using “SMGS” railway bill to the MLA (CLBTT Project)
• Provision of high quality services and increased economic efficiency of the multimodal transport operations
New Technical Annex on multimodal transport (CLBTT Project)
PROJECT ACTIVITY
Trade and Transport facilitation measures recommended by UN ECE and taken on board by the
Project