SECTORAL AGREEMENTS ON SERVICES
IN THE WESTERN HEMISPHERE
25 February 1998
3.5 Multimodal Transport
A. Sub-Regional Sectoral Agreements
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Acuerdo de Transporte Multimodal Internacional entre los Estados Parte del Mercosur
- MERCOSUR/CMC/DEC.15/94 and ALADI/AAP.PC/8, 04/27/95 (Agreement on International
Multimodal Transport between the State Parties of the MERCOSUR -MERCOSUR/CMC/DEC.15/94
and ALADI/AAP.PC/8 - APR.27/95)
DATE: December 15, 1994
MEMBERS: Argentina, Brazil, Paraguay and Uruguay.
Definitions (Chapter I, Article 1): For the purposes of this Agreement the following definitions are
a) Multimodal Transport of Goods: when goods are carried by at least two different modes of transport because of a Multimodal Transport Contract, from a place in a State Party where an operator of Multimodal Transport takes the merchandise under his custody, to another place designated for its delivery, in another State Party,
comprising not only the transport itself, but services of recollection, cargo unitarization or deunitarization by destination, storage, cargo manipulation and delivery to recipient, covering the services which were contracted between the places of origin and destination, including services of cargo
b) Contract for Multimodal Transport;
c) Multimodal Transport Document or
d) Multimodal Transport Operator;
j) Take under
k) Merchandise Delivery;
l) Competent National Agencies: the governmental agencies designated by each Party to qualify, register and control the Operators of Multimodal
m) Unitarization: process through which the merchandise is correctly arranged and conditioned in cargo unities for its transport;
n) Special Rights of Circulation;
o) Consolidation of
Scope of Application (Chapter II, Article 2): The present Agreement applies to Contracts on Multimodal Transport
a) the place designated in the Multimodal Transport Contract and indicated in the Multimodal Transport Document or Knowledge, where the Multimodal Transport Operator takes the merchandise under its custody, belongs to a State Party of this Agreement,
b) the place designated in the Multimodal Transport Contract and indicated in the Multimodal Transport Document or Bill, where the Multimodal Transport Operator delivers the merchandise under its custody, belongs to a State Party of this Agreement.
Chapters III, IV, V and VI cover the Multimodal Transport Document or Bill, the Responsibility of the Multimodal Transport Operator, the Responsibility of the Issuer and Warnings, Complaints, Actions and
Settlement of Disputes (Chapter VII, Article 23): The disputes between the Parties arising from the application, interpretation or non-fulfillment of the provisions contained in this Agreement will be resolved through direct technical
Article 24: If an agreement is not reached through such negotiations, or the dispute is only partially resolved, the procedures anticipated in the Treaty of Asunción’s current system for the settlement of disputes between its Parties will
Annex II on Settlement of Disputes (Valid until the “Protocol on Transport Jurisdiction” enters into
Article 1: At the choice of the plaintiff or who is acting in his name, the Tribunals corresponding to the residency of:
who has intervened in the operation of Multimodal Transport, or
i) the main establishment of the defendant, agent or representative
ii) the place where the goods should be delivered, will be competent to acknowledge the actions relating to the Multimodal Transport
Article 2: the Parties may agree upon writing as soon as the fact takes place, that any dispute relating to the Multimodal Transport contract may be subject to an arbitrage in conformity with the rules that the Parties have
Multimodal Transport Operators (Chapter VIII, Article 25): In order to practice in any of the State Parties, the Multimodal Transport Operator shall be registered in the respective Records of Operators, for which the Competent National Agency of each Party is responsible.
Insurance (Chapter VIII, Article 30): In order to be able to operate, the Multimodal Transport Operators shall have an insurance policy covering their civil responsibility for the merchandise under their custody, with no damage to insurance established by the legislation of each Party.
Decision 331: “Transporte Multimodal” (Decision 331: Multimodal
DATE: March 4, 1993
MEMBERS: Andean Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)
Definitions (Chapter I, Article 1): For the puposes of this Decision, the following definitions are
a) Certificate of Registration;
b) Council of Physical Integration: the entity created by Decision 71 of the Commission of the Cartagena
d) Contract for Multimodal Transport;
e) Special Rights of Circulation;
f) Multimodal Transport Document;
i) Imperative Law;
k) Competent National Agency: the agency designated by each Member Country to register the Multimodal Transport
l) Multimodal Transport
n) In writing;
p) Take under
q) Multimodal Transport: when goods are carried by at least two different modes of transport because of one Contract for Multimodal Transport, from a place in a State Party where an operator of Multimodal Transport takes the merchandise under its custody, to another place designated for its delivery.
Scope of Application (Chapter II, Article
2): The present Agreement applies to Contracts on Multimodal Transport when:
a) the place designated in the Multimodal Transport Contract where the Multimodal Transport Operator takes the merchandise under its custody, belongs to a Member Country, or
b) the place designated in the Multimodal Transport Contract, where the Multimodal Transport Operator delivers the merchandise under its custody, belongs to a Member Country.
This Decision also applies to all Multimodal Transport Operators operating among the Member Countries or from a Member Country to third countries or vice-versa.
The provisions of this Decision do not imply, under any circumstances, restrictions to facilities granted or to be granted through bilateral or multilateral treaties between the member
Settlement of Disputes
(Chapter III): Jurisdiction and Competence
Article 24: At the choice of the plaintiff, the legal actions arising from the Contracts for Multimodal Transport will be acknowledged by competent Judges or Tribunals of any of the following places, in conformity with the Law of respective
a) of the main domicile of Multimodal Transport
b) of the place where the Contract for Multimodal Transport took
c) of the place where the merchandise was taken under custody for the Multimodal
d) any other place which has been designated in the Contract for Multimodal Transport and consigned in Multimodal Transport Document.
Chapter III: Jurisdiction and Competence
Article 25: Without harming what was stipulated in the precedent paragraph, the Parties may agree in writing that any dispute relating to the Multimodal Transport Contract be subject to an arbitrage, in which case the designation of the arbiter will be made after the complaint has been
(Chapter III): Complementary Provisions
Article 27: The provisions contained in international agreements which are applicable to the Contract on Multimodal Transport will prevail over the provisions of this
Chapter III also covers the Contract for Multimodal Transport, the Responsibility of the Multimodal Transport Operators, the Responsibility of the Issuer and Warnings, Complaints, Actions and
Operators (Chapter IV, Article 29): In order to practice in any of the Member Countries, the Multimodal Transport Operator shall be registered in the respective records of operators, under the responsibility of the competent national agency of each Member Country.
On the Council of Physical Integration:
Article 36: The Council of Physical Integration, created by Decision 71 of the Cartagena Agreement’s Commission, will observe the application and fulfillment of this Decision. The Council will work with a Permanent Technical Secretariat, held by the Board of the Cartagena Agreement and will be supported by a Pro-Tempore Secretariat held by the Member Country holding the
Competent National Agencies:
Article 37: The competent national agencies designated by the Member Countries will be responsible for the integral application of this Decision in their respective
Article 38: With no harm to the established in the previous article and to the other conferred attributions because of this Decision, the competent national agencies of the Member Countries will be in charge of the coordination of all aspects corresponding to the multimodal transport with users, operators, authorities and national and international agencies.
Decision 393: Modification of Decision 331 “Multimodal Transport”
DATE: July 9,
MEMBERS: Andean Community
(Bolivia, Colombia, Ecuador, Peru and Venezuela)
Article 1: In the title of Decision 331 add the word “International” to the expression Multimodal
Article 2: Substitute the definitions of “Competent National Agency” and
“Multimodal Transport Operator” in Article 1 of Decision 331 for new
Competent National Agency: the one designated by each Member Country.
Suppress the last paragraph in Article 2 of Decision 331 and add it to Article 35, in Chapter V:
Article 4: Add as a continuation after Article 2 of Decision 331 the following new
“Article ... - When the expressions Multimodal Transport, Multimodal Transport Operator, Contract on Multimodal Transport or Multimodal Transport Document are used in this Decision and in the regulations adopted for its application, it must be understood that they are “International”.
Article 5, 6, 7 (on the responsibility of the multimodal transport operator): Substitute Articles 9, 11 and 16 of Decision 331 for new
Article 8: Substitute Article 27 of Decision 331 for the following new text:
“Article 27: With no harm to what is established in Article 16, the provisions which are applicable to the Contract on International Multimodal Transport contained in international agreements, in which all the Member Countries that are
involved in such operation of Multimodal Transport are Parties, will prevail over the provisions of this Decision, unless the countries agree to the
Multimodal Transport Operators:
Article 9: Incorporate in Chapter IV “On the Multimodal Transport Operators: and before Article 29 of Decision 331, the following new
“Article ... - A Record of Multimodal Transport Operators is created in each of the Member Countries, in which the natural and juridic persons who have been authorized to provide the service will be
The Record will be under the responsibility of the competent national agency of each Member Country, which will adopt the necessary measures to its organization and functioning in conformity with the Regulation on this matter, which shall be issued by the
Articles 10, 11 and 12: Substitute Articles 30, 31 and 32 of the Decision 331 for new texts.
Article 13: Add as an extension after Article 32 of Decision 331 the following two new
“Article ... - The Certificate of Registration will be valid for five years, automatically renewable for successive periods of five
Article ... - The national competent agency, officially or as a request of a Party and through a Resolution, will suspend or cancel the Certificate of Registration, making the Multimodal Transport Operators unable to provide the services for as long as the suspension lasts or definitively, whatever
Article 14: Introduce a new article in Chapter V: Miscellaneous Provisions after Article 35 of Decision
“Article ... - The Multimodal Transport Operators, constituted and established outside the Andean Subregion, may also provide multimodal transport services in the countries of the Cartagena Agreement, for what they must request registration in each of the Member Countries where they wish to operate.”
Infractions and Sanctions:
Article 15: Add a new chapter after Chapter VI: Institutional Aspects with the following new
“Chapter VII: Infractions and Sanctions: Article ... - With no harm to the sanctions which are anticipated in the respective national legislation of the Member Countries, the infractions arising in the provision of service of Multimodal Transport, committed by Multimodal Transport Operators, may give place, according to their seriousness,
a) Suspension of the Registration Certificate for a minimum of thirty days and a maximum of ninety calendar days;
b) Cancellation of the registration in the Records and of the Certificate of Registration.
Resolution 425: “Reglamento para el Registro de Operadores de Transporte Multimodal
(Resolution 425: Regulation for the Registration of Operators of International Multimodal
DATE: August 20,
MEMBERS: Andean Community
(Bolivia, Colombia, Ecuador, Peru and Venezuela)
Registration (Chapter II, Article 2): In order to provide the service of international multimodal transport, the natural or juridic persons must be listed in the Record of Operators of Multimodal Transport, and obtain and keep valid the Certificate of Registration, which will be granted by the competent national
Article 8: To renew the Certificate of Registration, the Operator of Multimodal Transport must present a request to the competent national agency before it is expired.
Article 11: The registration will be canceled when:
a) False or fraudulent information has been given to obtain the
b) One of the necessary requirements to keep the registration valid has no been
c) A judicial order on this matter is
d) Within one year more than two consecutive or alternate suspensions have taken
Article 20: The Operator of Multimodal Transport must keep a contractual civil responsibility insurance policy covering the risks of loss, deterioration, or delay in the delivery of the merchandise covered by the contracts on multimodal transport.
on to Bilateral Sectoral Agreements