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Provisions on Trade in Services in Trade and Integration Agreements
 in the Western Hemisphere


Part III: Sectoral Coverage
Transports B. Land and Maritime Transportation

WTO/GATS
Land Transportation:
Not Specified.

Maritime Transportation:
Annex on Negotiations on Maritime Transport Services
1. Article II and the Annex II Exemptions, including the requirement to list in the Annex any measure inconsistent with most-favored-nation treatment that a Member will maintain, shall enter into force for international shipping, auxiliary services and access to and use of port facilities only on:
(a) the implementation date to be determined under paragraph 4 of the Ministerial Decision on Negotiations on Maritime Transport Services; or,
(b) should the negotiations not succeed, the date of the final report of the Negotiating Group on Maritime Transport Services provided for in that Decision.

2. Paragraph 1 shall not apply to any specific commitment on maritime transport services which is inscribed in a Member's Schedule.

3. From the conclusion of the negotiations referred to in paragraph 1, and before the implementation date, a Member may improve, modify or withdraw all or part of its specific commitments in this sector without offering compensation, notwithstanding the provisions of Article XXI.

NAFTA
Chapter Twelve, Annex 1212: Land Transportation

Contact Points
Each Party shall designate by January 1, 1994 contact points to provide information published by that Party relating to land transportation services regarding operating authority, safety requirements, taxation, data, studies and technology, and to provide assistance in contacting its relevant government agencies.

Review Process
The Commission shall, during the fifth year after the date of entry into force of this Agreement and during every second year thereafter until the liberalization for bus and truck transportation set out in the Parties' Schedules to Annex I is complete, receive and consider a report from the Parties that assesses progress respecting liberalization, including:
(a) the effectiveness of the liberalization;
(b) specific problems for, or unanticipated effects on, each Party's bus and truck transportation industries arising from liberalization; and
(c) modifications to the period of liberalization.

The Parties shall consult, no later than seven years after the date of entry into force of this Agreement, to consider further liberalization commitments.

Article 913.5.a.i Committee on Standards-Related Measures
The Committee shall establish a Land Transportation Standards Subcommittee, in accordance with Annex 913.5.a-1.
[The Subcommittee is responsible for making compatible relevant standards-related measures for bus, truck and rail operations.]

Group of Three
Chapter X, Annex 2 to Article 10-02: Transports
The Parties will attempt to advance the study of measures that may contribute to the development of land transportation among them.

The Parties will have free access to shipment of any nature, transported by maritime routes, which is carried out through trade of national flagships, or through that operated, chartered or rented by domestic shipping enterprises, as well as through those which carry the national flag in conformity with national legislation.

CACM
Chapter IV: Transit and Transportation
Each of the Contracting States shall ensure full freedom of transit through its territory for goods proceeding to or from the other Signatory States as well as for the vehicles transporting these goods.

Such transit shall not be subject to any deduction, discrimination or quantitative restriction.

Transit operations shall be carried out by the routes prescribed by law for that purpose and shall be subject to the customs and transit laws and regulations applicable in the territory of transit.

Goods in transit shall be exempt from all duties, taxes and other charges of a fiscal, municipal or ally other character levied on transit, irrespective of their destination, but may be liable to the charges usually applied for services rendered which shall in no case exceed the cost thereof and thus constitute de facto import duties or taxes.

CARICOM
Not Specified.

Andean Community
Chapter XI: Integration, Article 86
The Member Countries shall coordinate their actions in order to ensure a better utilization of the physical space, to strengthen the infrastructure and the services necessary for the advancement of the Subregion's process of economic integration. This action will be carried out mainly in the fields of energy, transport and communication and will comprise the necessary measures in order to facilitate cross-border trade among the Member Countries.

Air Transport:
Decision 297: Air Transport Integration within the Andean Subregion (May/91)
Decision 320: Multiple Designation in the Air Transport of the Andean Subregion (June/92)
The Member Countries will offer free market access to national air transport enterprises for the supply of international air transport services of passengers, freight or mail, in any route within the Subregion, free from any type of discrimination.
Decision 360 : Modification of Decision 297 (May/94)
Decision 361 : Modification of Decision 320 (May/94)

Land Transportation:
Decision 257: International Transport of Merchandise by Road (November/89)
Decision 271: Andean System of Highways (October/90)
Decision 277 : Modification of Decision 271 (November/90)
Decision 289: International Transport of Passengers by Road (March/91)
Chapter III, Article 8: the Member Countries accord, in their respective territories, transit freedom for the realization of the International Transport of Passengers by Road under the terms and conditions established in the present Decision.
Decision 290: Andean Insurance Policy for Civil Responsibility for International Transporters by Road (March/91)
Decision 358: Regulation of Decision 257 on International Transport of Merchandise by Road (May/94)
Decision 359: Regulation of Decision 289 on International Transport of Passenger by Road (May/94)

Maritime Transport:
Decisions 288 (March/91) and 314 (February/92): Freedom of Access for shipments, originated and destined by maritime route, within the Sub-region
Considering that the free supply of international maritime transport services should lead to a gradual suppression of the restrictions found in the Member Countries, the Decision establishes the freedom of access for shipments transported by maritime route and generated by the external trade of the countries in the Subregion, following the requirements and conditions verified in this Decision. Such freedom of access will be based on the principle of reciprocity.
Decision 390 : Modification of Decision 314 (July/96)
Decision 422: Regulation for Communal Application of the Principle of Reciprocity in Maritime Transport (August/96)

Multimodal Transport:
Decision 331: Multimodal Transport: to promote multimodal transport (use of containers and supply of transport services under new ways of distribution).
Decision 393 : Modification of Decision 331 (July/96)
Decision 425: Regulation for the Registration of Operators of International Diversified Transport (August/96)

Central America/Dominican Republic
Chapter X, Article 10-03: Scope of Application
This chapter does not apply to: air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than: a) aircraft repair and maintenance services during which an aircraft is withdrawn from service; b) specialized air services; and c) computerized reservation systems.

Mercosur
Refer to comments in Section II under Final Objective.
Sectoral Annexes to the Protocol of Montevideo
Annex on Air Transport Services
1. This annex applies to measures affecting regular and unscheduled air transport services. Also applicable are auxiliary air transportation services, which is understood to mean those included in the General Agreement on Trade in Services (G.A.T.S.) and those that may result from revisions of this annex.

2. The application of this Protocol shall not affect the rights and obligations deriving from the application of bilateral, plurilateral or multilateral agreements signed by the States Parties to MERCOSUR in effect at the time of the entry into force of the Protocol of Montevideo.

3. The Protocol shall not apply to measures that affect rights related to established commercial air traffic for routes agreed upon in the terms of the bilateral agreement on air services signed between States Parties, with the exclusion of short haul flights (cabotage).

4. In regard to regular and exploratory subregional air services on routes different from the regional routes actually operated under the terms of bilateral agreements on air services signed between States Parties, the provisions of the agreement on subregional air services, signed at Fortaleza, Brazil on December 17, 1996 and, additionally, the lists of obligations arising from the Liberalization Programme, shall apply.

5. Dispute settlement procedures and mechanisms in force in MERCOSUR may be invoked when no other specific settlement mechanism between the involved States Parties is found.

6. The Common Market Group, within the first three years of the entry into force of this Protocol, shall review this annex based on the proposals made by specialized air transportation technical staff representing the four States Parties, in order to decide upon any necessary amendments, including elements related to the scope and coverage, in line with the principles and objectives of this Protocol.

7. In the event that a multilateral convention includes in its provisions the issue of air transportation, the aeronautical authorities of the States Parties shall consult in order to determine the degree to which this Protocol could be affected by the provisions of the Convention and decide on any amendments necessary to this annex.

Annex on Land and Water Transport Services
Sectoral Annexes to the Protocol of Montevideo
Annex on Land and Water Transport Services

1. This annex applies to measures that affect land (road and rail) and water transport services.

2. The application of this Protocol shall not initially affect the rights and obligations arising from the application of multilateral agreements signed between States Parties of MERCOSUR before the entry into force of this Protocol, to the extent that such agreements promote the harmonization and control of competitive conditions between transportation enterprises, making liberalization within MERCOSUR a basic priority of the sector.

3. The provisions of this Protocol shall not apply, temporarily, to any bilateral agreements on transportation in effect or signed before the entry into force of this Protocol.

4. Each of the multilateral and bilateral agreements mentioned in paragraphs 2 and 3 shall remain in force and shall be supplemented by the corresponding specific obligations arising from the Liberalization Programme.

5. During the third year after this Protocol enters into force, and once a year thereafter, the Common Market Group, shall study and evaluate the progress achieved in attempting to bring the previously mentioned instruments into conformity with the objectives and principles of this Protocol.

Bolivia/Mercosur
Not Specified.

Chile/Mercosur
Chapter XIV: Transport, Article 37
The Signatory Parties shall promote the facilitation of transport services and propitiate its efficient functioning at terrestrial, fluvial, lake, maritime and aerial circuits, in order to offer adequate conditions to the improved circulation of goods and persons, attending the increased demand that will result of the widened economic space.
Chapter XIV: Transport, Article 37
The Signatory Parties shall promote the facilitation of transport services and propitiate its efficient functioning at terrestrial, fluvial, lake, maritime and aerial circuits, in order to offer adequate conditions to the improved circulation of goods and persons, attending the increased demand that will result of the widened economic space

Chile/Mexico
Chapter 10: Article 10-02: Scope of application:
This chapter does not apply to:
air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than:
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;
(ii) specialized air services; and
(iii) computerized reservation system

Chapter XI: Air Transport Services
Article 11-01: Definitions: For the effect of this chapter, it shall make understood by Agreement, the Air Transport Agreement between the Government of Republic of Chile and the Government of the United States of Mexico, signed on January 14, 1997 and their successors.

Article 11-02: Scope of Application: Except for the provision in this chapter, chapter 17 (Administration of the Treaty), chapter 19 (Exceptions), and chapter 20 (Final Dispositions), this Treaty shall not be applied to the air transport services and the Parties shall be to the provision of the Agreement.

Chile/Canada
PART III, Chapter H, Article H-01

The Agreement excludes the following from their coverage: air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service, and
(ii) specialized air services.

Mexico/Nicaragua
Chapter 10: Article 10-02: Scope of Application:
This chapter does not apply to:
air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than:
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;
(ii) specialized air services; and
(iii) computerized reservation system

Article 10-09: Future Liberalization
The elimination of barriers to land transportation flows will be subject to the provisions contained in the annex to this Article.

Annex to Article 10-09: Elimination of Barriers to Land Transportation Flows:
The Parties shall develop a work program to eliminate the barriers to land transportation between their territories. Among others, the work program will consider the works developed by both Parties on land transportation issues, as well as those agreements and conventions that the Parties have signed with other countries.

Mexico/Bolivia
Chapter IX: Article 9-02: Scope of application in both Agreements:
This chapter does not apply to:
air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than:
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;
(ii) specialty air services; and
(iii) computerized system of reservation.

Mexico/Costa Rica
Chapter IX: Article 9-02: Scope of application in both Agreements:
This chapter does not apply to:
air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than:
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;
(ii) specialty air services; and
(iii) computerized system of reservation.

 
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