3. TRANSPORT

3.2 Maritime Transport

A. Sub-Regional Sectoral Agreements

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1. Convenio Interamericano para Facilitar el Transporte Acuatico Internacional - Convenio del Mar del Plata (Inter American Convention to Facilitate the International Aquatic Transport - Convenio del Mar del Plata)

DATE: June 7, 1963 (published on Jan. 28, 1981)

MEMBERS: Costa Rica, Chile, Dominican Republic, Ecuador, Guatemala, Mexico, Panama, Paraguay, Peru, United States, Uruguay.

Summary of Provisions

Objective:
Article 1: Each Member State agrees to adopt, by means of publication of special regulations, any measures to facilitate and accelerate the provision of aquatic transport services between the territories of the Member Countries, and (each Member Country also agrees) to avoid unnecessary delays of ships, their passengers, crew, cargo and equipment, in the application of immigration, health and customs laws, and of other provisions related to shipments and admissions of ships.

Implementing Entities:
Article 4: 

a) The Organization of American States’ Inter American Conference on Ports will adopt and modify, when necessary, the recommended Inter American standards and methods relating to the formalities, the requirements to an efficient and economic admission and dispatch of ships, and the adequate treatment of passengers, crew, cargo and equipment. 

b) A group of Governments’ experts from the Member Countries, created under the Permanent Technical Committee on Ports assigned to the Inter American Economic and Social Council, will study and propose to the Inter American Conference on Ports, the recommended standards and methods, when necessary.

Article 10: The Permanent Technical Committee on Ports will be responsible for the fulfillment of the provisions of this Agreement, including the periodical revision of the recommended standards and methods.

Standards and Methods:
Article 5: 

a) The vote of two-thirds of the Member Countries’ delegations assisting the Conference will be required for the adoption of the recommended standards and methods referred in paragraph a) of Article 4. 

b) The approved standards and methods and any amendments to them will enter in vigor three months after their notification to the Parties, unless the Conference extends this period or, meanwhile, the majority of the Member Countries notify their disagreement to the General Secretariat of the Organization of American States. 

c) The recommended standards and methods and their amendments will constitute an annex to this agreement after its entry into force, subject to the provisions of Article 6.

Notification:
Article 5: 

d) The General Secretariat will notify each Party of the date of entry into force of the recommended standards and methods and the amendments to them.

Article 6: 

a) Any Member Country considering impossible to follow an Inter American standard, or to completely conform its own regulations or methods to such standard after it has been modified, or finding necessary to adopt methods or regulations that differ from the established by an Inter American standard, will immediately notify the differences to the General Secretariat of the OAS. 

b) in the case of amendments to Inter American standards, any Party which does not implement the corresponding modifications on its own regulations or methods will notify the General Secretariat within sixty days after the approval of the amendment, or will indicate the measures it proposes to adopt in this regard.

Adherence:
Article 7: This Agreement will be open to the adherence of other Members of the OAS or to any other Country indicated by the OAS’s Council.

Amendments:
Article 11: The adoption of any amendment to this Agreement will require the vote of third parties of the Member Countries’ delegations assisting the Inter American Conference on Ports.

Article 12: 

a) This Agreement may be denounced by any Party at any moment after four years since the date the Agreement has enter into force there.

b) The denouncement must be made through a written notification to the General Secretariat of the OAS, which will inform the other Parties.

c) The denouncement will enter into vigor within one year, or within a larger period if determined in the notification, from the receipt of the notification by the General Secretariat of the OAS.

 

2. Decision 288: “Libertad de Acceso a la Carga Originada y Destinada, por Via Marítima, dentro de la Subregión” (DECISION 288: Freedom of Access for Shipments, Originated and Destined by Maritime Route, within the Sub-region)

DATE: March 21-22, 1991

MEMBERS: Andean Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)

Summary of Provisions

Objective:
Article 1: It is established the freedom of access for shipments, originated and destined by maritime route, within the Sub-region, to be transported by owned vessels, chartered and operated by Ship Companies of Member Countries or third countries.

Article 2: The Member Countries, within a period of ninety (90) calendar days, will adequate their internal standards to eliminate:

a) the existing restrictions on the shipment of vessels by shipbuilders of the Member Countries;

b) the assignment of routes within the Sub-region; and

c) the systems of cargo fixation or authorization by respective authorities in the intra sub-regional traffic, which will be replaced by simple records of tariffs.

Article 3: The Board of the Cartagena Agreement, at the request of any of the Member Countries and with a previous evaluation, may temporarily establish, at a sub-regional level, or authorize a Member country to do it, restrictions, exclusions from the traffic or cargo reservations and other measures considered appropriated to enterprises or vessels of third countries, which apply restrictive or discriminatory standards to the vessels owned, chartered or operated by ship enterprises of the Member Countries.

Entry into Force:
Article 4: The present Decision will enter into force after its publication in the Official Gazette of the Cartagena Agreement.

Transitory Provision:
Following paragraph h) of Article 3, Article 4 and the last paragraph of Article 7 of the Cartagena Agreement, which anticipate a special treatment, Bolivia will apply the freedom of access to cargo referred in the present Decision gradually until December 31, 1992, as follows: to fifty percent of the cargo reservations established in its internal legislation from December 31, 1991, and the total by December 31, 1992.

3. Decision 314: “Libertad de Acceso a las Cargas Transportadas por Via Marítima y
Políticas para el Desarrollo de la Marina Mercante del Grupo Andino” (Decision 314: Freedom of Access for Shipments Transported by Maritime Routes, and Policies for the Development of the Andean Community’s Merchant Marine)

DATE: February 4-6, 1992

MEMBERS: Andean Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)

Summary of Provisions

Objective:
Article 1: It is established the freedom of access for shipments transported by maritime routes, which generate the external trade for the countries of the sub-region, according to the requirements and conditions established in this Decision.

Article 2: The freedom of access referred in this Decision will be carried under the principle of reciprocity, in such a way that the existing restrictions, exclusions or Cargo Reservations in favor of vessels which navigate under national flags of the Member Countries or associated enterprises, or chartered and operated by maritime transport enterprises of the Sub-region, be eliminated according to the following schedule:

1. The transport between ports of Member Countries according to what was established in Decision 288 of the Commission of the Cartagena Agreement;

2. The transport between ports of Member Countries and ports of third countries carried under owned vessels, chartered and operated by maritime transport enterprises of Member Countries, by December 31, 1991 at the latest;

3. The transport between ports of Member Countries and ports of third countries carried by maritime transport enterprises of third countries by December 31, 1992, at the latest.

Article 4: The Board of the Cartagena Agreement, at the request of any of the Member Countries and with a previous evaluation, may temporarily establish, at a sub-regional level, or authorize a Member country to do it, restrictions, exclusions from the traffic or cargo reservations and other measures considered appropriated to enterprises or vessels of third countries, which apply restrictive or discriminatory standards to the vessels owned, chartered or operated by ship enterprises of the Member Countries. 

Policies for the Development of the Merchant Marine of the Andean Community
Article 7: The policy for the development of the Merchant Marine of Member Countries will cover the following objectives:

a) Harmonize the policies of maritime transport with the general policies of liberalization and international competition schemes that are established within the sub-region for all sectors of the economy;

b) Improve the ability to compete of the sub-regional enterprises on maritime transport; 

c) Coordinate the policies and standards of maritime transport of the Member Countries, endowing them with adequate mechanisms to achieve equilibrium in face to possible third countries unfair competition practices.

Article 12: In order to achieve the harmonization of the policies on maritime transport at the sub-regional level, the Member Countries will consider the adoption of principles such as: 

a) the relative to the subregional coordinated action with the purpose to safeguard the free access to transoceanic traffic; 

b) the relative to the introduction of the controls over the unfair tariff practices on maritime transport;

c) the necessary to stimulate the sub-regional cooperation to combine efforts, promote maritime transport enterprises, exchange experiences and promote the development of the intra and extra sub-regional maritime transport; 

d) the required to establish common policies of record of maritime transport tariffs;

e) the oriented to promote the systems of multimodal transport.

Article 14: The Member Countries will strengthen the systems of consultations between the enterprises on maritime transport and the users, in order to achieve a mutual understanding on the economic conditions of the transport.

About the Andean Committee of Aquatic Transport Authorities
Article 15: The Andean Committee of Aquatic Transport Authorities (CAATA), created by Resolution IV.66 of the IV Meeting of the Ministries of Transports, Communications and Public Works of the Member Countries, will be responsible for the integral application of Decision 288 of the Commission of the Cartagena Agreement and of this Decision.

Article 17: The Committee will have the following objectives: 

a) Establish and/or propose objectives, policies and actions for the increase, development and facilitation of the aquatic transport of the sub-region; 

b) Stimulate the cooperation between countries of the sub-region to combine efforts, promote and consolidate enterprises, exchange experiences and promote the development of the intra and extra sub-regional maritime transport; 

c) Promote permanent contacts between the sub-regional managing agencies of aquatic transport and similar agencies in Latin America and in the rest of the world; 

d) Assist the bodies of the Cartagena Agreement in issues related to aquatic transport;

e) Recommend actions to the Board of the Cartagena Agreement and to the Ministers of Transport, Communications and Public Works of the Member Countries, on issues related to the aquatic transport.

Article 18: With the purpose to properly apply the present Decision, the Committee will have the following attributions: 

a) Approve the regulations which are necessary for the application of this Decision; 

b) Bring to the Board of the Cartagena Agreement recommendations on modifications to this Decision and Decision 288; 

c) Propose directions and work documents to harmonize actions, necessary to the application of this Decision and Decision 288; 

d) Organize systems for recording tariffs, in which both national and foreign enterprises on maritime transport record their tariffs before the provision of services is initiated.

Article 19: The Committee has the following functions:

a) Evaluate and supervise the fulfillment of the regulations and standards which are adopted in the aquatic transport area, as well as the Committee’s resolutions; 

b) Plan common positions for the negotiations with third countries, which would allow the achievement of the maximum benefit for the enterprises on aquatic transport of the sub-region; 

c) Keep an updated list of enterprises on aquatic transport of the sub-region and the vessels at their service through the Permanent Technical Secretariat; 

d) Organize a sub-regional statistical system and by Member Country to collect information on the flow of shipments between the countries of the sub-region and third countries; 

e) Promote the harmonization and updating of the current technical standards and legal provisions on aquatic transport in the Member Countries; 

f) Promote the training of experts for the management of maritime enterprises; 

g) Bring to the knowledge of the Board of the Cartagena Agreement and of the National Competent Entities, the work documents and directions which were previously analyzed in the Meetings of the Committee, in order to harmonize resolutions or agreements related to the aquatic sector; 

h) Request the necessary support to carry studies, seminars, work programs and the actions aiming to modernize the aquatic transport services and make them more efficient, to the Board of the Cartagena Agreement, or through it to the National Competent Entities; 

i) Evaluate the services efficiency and supervise the application of sub-regional standards and regulations, and the tariff level on aquatic transport for the sub-region and with third countries; 

j) Draft representatives of aquatic transport enterprises, users and other public or private sectors involved with aquatic transport when the topic of its meeting allows it; 

k) dictate and reform its own regulations; 

l) Others functions assigned to it by the community standards.

Entry into Force:
Article 20: The present Decision will enter into force after its publication in the Official Gazette of the Cartagena Agreement.

Transitory Provision:
Following paragraph h) of Article 3, Article 4 and the last paragraph of Article 7 of the Cartagena Agreement, which anticipate a special treatment, Bolivia will apply the freedom of access to cargo referred in the present Decision as follows: 

a) for transport between ports of Member Countries and ports of third countries carried under owned vessels, chartered or operated by maritime transport enterprises of Member Countries, by December 31, 1992 at the latest; and, 

b) for transport between ports of Member Countries and ports of third countries by maritime transport enterprises of third countries, by December 31, 1993 at the latest.

 

4. Decision 390: Modificación de la Decisión 314 “Libertad de Acceso a las Cargas
Transportadas por Via Marítima y Políticas para el Desarrollo de la Marina Mercante del
Grupo Andino” (Decision 390: Modification of Decision 314 “Freedom of Access for Shipments Transported by Maritime Routes, and Policies for the Development of the Andean Community’s Merchant Marine”)

DATE: July 2, 1996

MEMBERS: Andean Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)

Summary of Provisions

Objective:
Modify Decision 314

Article 1: Substitute Article 4 of Decision 314 for the following text:

“Article 4: The Board of the Cartagena Agreement, at the request of any Member Country may temporarily establish and at a community level, restrictions, exclusions from the traffic or other measures considered appropriated to enterprises or vessels of third countries, which apply restrictive or discriminatory standards to the vessels owned, chartered or operated by maritime enterprises of the Member Countries. Such measures will be applied in the Member Countries, according to what is established by the Board through a Resolution.”

Article 2: Incorporate, following Article 6 of Decision 314, the following Article:

“Article ...: The Board, given the previous opinion of the Andean Committee of Aquatic Transport Authorities (CAATA), will adopt , through a Resolution, the regulating standards which are needed for the implementation of this Decision.” 

 

5. Resolution 422: “Reglamento para la Aplicación Comunitaria del Principio de Reciprocidad en el Transporte Marítimo” (Resolution 422: Regulation for Community Application of the Principle of Reciprocity in Maritime Transport)

DATE: August 5, 1996

MEMBERS: Andean Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)

Summary of Provisions

Definitions:
Article 1: The following definitions shall be used in the implementation of this Resolution:

Vessel: any owned ship, chartered and commercially operated by national shipping enterprises or shipping enterprises of third countries;

National Shipping Enterprise: an enterprise constituted and established in any of the Member Countries and classified as national by the National Competent Agency, in conformity with its legislation;

Reciprocity:
Article 2: The access to shipments referred in Decision 314, to shipping enterprises of third countries or group of countries, will be regulated by the principle of reciprocity, which may be applied at the community level, subject to the standards stated in the present Resolution.

Before requesting to the Board of the Cartagena Agreement the application of the reciprocity principle, the Member Countries shall exhaust the direct negotiations and apply the appropriate legal provisions, in order to overcome the restrictive measures which are affecting or may affect the national shipping enterprises.

Article 3: When third countries or groups of countries impose to the national shipping enterprise any kind of limitation or establish restriction, exclusions or a discriminatory treatment for the access to shipments, the Member Countries will adopt, in reciprocity, measures of total or partial restrictions to the shipping enterprises of such countries, even when they are associated to national shipping enterprises.

Article 4: When a Member Country considers that its national shipping enterprises have been or may be affected by restrictive or discriminatory standards or measures, it can request an authorization from the Board for the application of the reciprocity principle at the sub-regional level. For such, a Resolution will be adopted to be mandatorily implemented in all Member Countries once it is published in the Official Gazette of the Cartagena Agreement, or on the date and structure determined there.

Article 5: The Member Country requesting to the Board the application of the reciprocity principle with a third country or group of countries, will have to substantiate its request and indicate with precision the restriction which is affecting or may affect its international trade, its maritime transport or its national shipping enterprises. It will also propose the restrictive measures which, from its point of view, may be imposed when applying the reciprocity principle; information will be attached, demonstrating that previous attempts to negotiate have failed and all the other options have been exhausted, according to paragraph 2 of Article 2.

Article 6: Once the request has been received, the Board will immediately make it known to all the other Member Countries, which will evaluate and recommend the proper measures to be implemented. For such, they will have twenty calendar days from the day the request was communicated. The Andean Committee of Aquatic Authorities, however, within this period, may call a meeting to reach an opinion.

Based on the opinions of the Member Countries, or of the Committee, in case it had a meeting, and on the rest of the available information, the Board will dictate its Resolution. 

Article 7: Once the causes which motivated the application of such measures are surpassed, the Board may revoke the Resolution.

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