Presentation on Selected International Conventions and Agreements on

							        Presentation on Selected
     International Conventions and
       Agreements on Transport
                      New York, 8 July, 2004



            By José Capel Ferrer, Director, Transport
           Division, Economic Commission for Europe


19 December 2009        UNECE Transport Division        1
            Structure of Presentation
• Introduction
• 17 selected Conventions on Transport
     –   Objectives
     –   Key Provisions
     –   Benefits
     –   Contracting Parties
• About Implementation
• What’s next
19 December 2009         UNECE Transport Division   2
                   Introduction (1)
• The Almaty Programme of Action
• Conventions on Transport, vital to LLDC
• To facilitate international transport, provide for
  safety and security, protect the environment
• Key to international trade, exports and
  imports, international tourism

19 December 2009      UNECE Transport Division   3
                       Introduction (2)
•     Concluded under ECE auspices
•     Elaborated by consensus
•     Main text and one or several Annexes
•     Amended as the needs arise
•     The Depositary is the S-G.
•     Follow well-established UN legal procedures
    19 December 2009      UNECE Transport Division   4
                   Introduction (3)
• Open to all UN Member States
• Many non-ECE States are already Parties
• To become a Party, deposit an instrument with
  the S-G.
• No accession fee
• 17 Selected Conventions on Transport
19 December 2009      UNECE Transport Division   5
1. Convention on Road Traffic, 1968
Objectives:
• To facilitate international road traffic
• To increase road safety
• Through internationally agreed traffic rules
  and the reciprocal recognition of documents
  issued in conformity with those rules

19 December 2009   UNECE Transport Division   6
1. Convention on Road Traffic, 1968
Key Provisions
• Binds Contracting Parties to admit, but
  preserves their right to refuse
• General and specific rules for Drivers:
   – At all times able to control their vehicle
   – Must hold a driving permit, issued after tests
   – Driving rules: speed, distance, overtaking,....
19 December 2009   UNECE Transport Division      7
 1. Convention on Road Traffic, 1968
• Behaviour towards Pedestrians, Cyclists……
• General rules for Vehicles
  – Must be registered, Registration Certificate
  – Distinguishing Sign of country of registration
• Recent Amendments:
  – No Hand-held Mobile Phone while driving
  – New information in Driving Permit
  19 December 2009   UNECE Transport Division   8
 1. Convention on Road Traffic, 1968
Benefits
• A set of agreed road traffic rules, reference for
  national Highway Codes
• Reciprocal Recognition of Vehicle Certificates
  and Driving Permits
• Facilitates international traffic, trade, tourism
• Provides for road traffic safety
  19 December 2009   UNECE Transport Division     9
             1. Convention on Road Traffic, of
                           1968
                     Contracting Parties: 61 States




                                                      Contracting Parties
19 December 2009         UNECE Transport Division                           10
 2. Convention on Road Signs and
         Signals, of 1968
Objectives
• To facilitate international road traffic
• To increase road safety
• Through internationally agreed road traffic
  signs and signals

19 December 2009   UNECE Transport Division     11
   2. Convention on Road Signs and
           Signals, of 1968
Key Provisions
• Three Categories of Road Signs:
  – Danger Warning, Regulatory, Informative
• Norms on shapes, dimensions, colours, visibility
• Norms on Traffic Light Signals, Road Markings
• Road Works and Level Crossings Signs
  19 December 2009   UNECE Transport Division   12
       Danger Warning Road Signs
          Equilateral Triangle, White or Yellow Ground, Red border




19 December 2009            UNECE Transport Division                 13
               Regulatory Road Signs
              Circular, White or Yellow Background, Red Border




19 December 2009            UNECE Transport Division             14
              Informative Road Signs
Rectangular, Blue or Green Background, White or Yellow Rectangle with Sign




  19 December 2009           UNECE Transport Division                    15
     2. Convention on Road Signs and
              Signals, 1968
Benefits
•   Over 200 Reference Road Signs and Signals
•   Facilitate international road
    traffic, trade, tourism
•   Provides for road traffic safety

    19 December 2009   UNECE Transport Division   16
 2. Convention on Road Signs and Signals, 1968
                   Contracting Parties: 52 States




                                                    Contracting Parties
19 December 2009       UNECE Transport Division                           17
           3. TIR Convention, of 1975

Objective
• To facilitate the international carriage of goods by
road vehicles/containers across one, more borders
• Through a carefully designed border crossing
procedure and an international guarantee chain
• In cooperation with road operators, IRU
  19 December 2009   UNECE Transport Division     18
   3. TIR Convention, 1975 (cont’d)

Key Provisions
• Secure, Approved vehicles or containers
• International guarantee system
• Mutual recognition of Customs controls
• TIR Carnet: Customs and Guarantee document
• Controlled access of operators
  19 December 2009   UNECE Transport Division   19
     3. TIR Convention, 1975 (cont’d)
Benefits
•   No inspection of goods at intermediate borders
•   No payment of taxes and duties en route
•   Lower border delays, Lower transport costs
•   Lower import/export costs
•   Increased competitiveness and growth
    19 December 2009   UNECE Transport Division   20
                                      TIR Carnets issued

                              3000                                     2783
       ' 000 of TIR Carnets




                                                         2279

                              2000



                              1000   749



                                0
                                     1990                 1995         2000
                                                          Year


19 December 2009                            UNECE Transport Division          21
                   3. TIR Convention, of 1975
                      Contracting Parties: 64 States + EU




                                                            Contracting Parties
19 December 2009             UNECE Transport Division                             22
4. Customs Convention on Temporary
Import of Commercial Road Vehicles
Objective
• To facilitate temporary admission of commercial
road vehicles registered in another country
• Through agreed procedures and in cooperation
with road users associations, AIT/FIA
  19 December 2009   UNECE Transport Division   23
4. Customs Convention on Temporary
Import of Commercial Road Vehicles
Key Provisions
• Carnet de Passage en Douane
  – International Customs document
  – Guarantees vehicle taxes if vehicle not re-exported
• Procedures for temporary importation, including
  for claims if no re-exportation of the vehicle
  19 December 2009   UNECE Transport Division        24
4. Customs Convention on Temporary
Import of Commercial Road Vehicles
Benefits
• Internationally agreed procedure
• No payment of vehicle import taxes
• Lower border delays, Lower border costs
• Lower transport and export/import costs
  19 December 2009   UNECE Transport Division   25
4. Customs Convention on the Temp. Importation of Commercial
                    Road Vehicles, of 1956
                      Contracting Parties: 38 States + EU




                                                        Contracting Parties
   19 December 2009         UNECE Transport Division                          26
 5. Convention on the Harmonization
 of Frontier Controls of Goods, 1982
Objective
• To facilitate cross border transport of goods
• Through nationally coordinated, internationally
harmonized, shorter, reduced formalities and
controls on goods at borders
  19 December 2009   UNECE Transport Division   27
 5. Convention on the Harmonization
 of Frontier Controls of Goods, 1982
• Procedures for efficient border controls:
  – Customs, Medico-Sanitary, Veterinary, Phyto-
    Sanitary, Compliance with technical standards,….
• Coordination among various national services
• Cooperation and coordination between border
  services of adjacent countries, including:
  – Joint controls, Harmonized opening hours, Same controls,…
  19 December 2009    UNECE Transport Division            28
5. Convention on the Harmonization
of Frontier Controls of Goods, 1982
Benefits
• Lower border delays, Lower costs for carriers
• Lower border operating costs for State budget
• More efficient investments in border facilities
• Lower transport and export/import costs
  19 December 2009   UNECE Transport Division   29
5. International Convention on the Harmonization of Frontier
                  Controls of Goods, of 1982
                    Contracting Parties: 43 States + EU




                                                      Contracting Parties
 19 December 2009         UNECE Transport Division                          30
6. Convention on the Contract for the
  International Carriage of Good by
        Road (CMR), of 1956
Objectives
• To facilitate international road transport
• Through a commonly agreed transport contract,
  including contract document and liabilities

 19 December 2009   UNECE Transport Division   31
6. Convention on the Contract for the
  International Carriage of Good by
        Road (CMR), of 1956
Key Provisions
• Defines contract conditions
  – The contract document: The Consignment Note
  – Fixes carrier’s liability limits in case of total or
    partial loss of goods or delay
• The e-Consignment Note is under consideration
 19 December 2009     UNECE Transport Division             32
6. Convention on the Contract for the
 International Carriage of Good by
       Road (CMR), of 1956
Benefits
• Fair competition between carriers
• Lower international road transport
  costs, including insurance costs

 19 December 2009   UNECE Transport Division   33
6. Convention on the Contract for the International Carriage of
               Goods by Road (CMR), of 1956
                     Contracting Parties: 46 States




                                                      Contracting Parties
  19 December 2009      UNECE Transport Division                            34
 7. Protocol to the Convention on the
Contract for International Carriage of
       Goods by Road, of 1978
Objective
• To facilitate financial compensation foreseen in
  the CMR
• By introducing the possibility to use the IMF
  Special Drawing Rights (SDR)
  19 December 2009   UNECE Transport Division   35
 7. Protocol to the Convention on the
    Contract for the International
 Carriage of Goods by Road, of 1978
Key provisions
• Defines the limit for compensation in SDR units
• Defines the conditions for conversion of the
  SDR unit into the national currency for IMF
  member States and non-IMF member States
  19 December 2009   UNECE Transport Division   36
 7. Protocol to the Convention on the
Contract for International Carriage of
       Goods by Road, of 1978
Benefits
• Adds to the benefits of the CMR by widening
  the choice for payment of compensation
• Facilitates settlement of disputes
• Facilitates international road transport and trade
  19 December 2009   UNECE Transport Division    37
                   7. Protocol to CMR, of 1978
                        Contracting Parties: 30 States




                                                         Contracting Parties
19 December 2009           UNECE Transport Division                            38
 8. Convention concerning Customs
    Facilities for Touring, of 1954

Objective
• To facilitate international touring
• By facilitating the temporary duty-free admission
of the personal effects imported by tourists

 19 December 2009   UNECE Transport Division   39
  8. Convention concerning Customs
     Facilities for Touring, of 1954
Key provisions
•Defines “personal effects” and conditions for their
duty-free import
•Set up limits for duty-free import of other
articles, including cigarettes and alcohol or travel
souvenirs
   19 December 2009   UNECE Transport Division     40
  8. Convention concerning Customs
     Facilities for Touring, of 1954

Benefits
• Rationalizes border controls of tourists
• Facilitates international touring


 19 December 2009   UNECE Transport Division   41
 8. Convention concerning Customs Facilities for
                Touring, of 1954
                   Contracting Parties: 76 States




                                                    Contracting Parties
19 December 2009      UNECE Transport Division                            42
9. Customs Convention on Temporary
   Import of Private Road Vehicles
Objective
• To facilitate temporary admission of private road
vehicles registered in another country
• Through agreed procedures and in cooperation
with road users associations, AIT/FIA
  19 December 2009   UNECE Transport Division   43
9. Customs Convention on Temporary
   Import of Private Road Vehicles
• Carnet de Passage en Douane
  – International Customs document
  – Guarantees vehicle import taxes if vehicle not re-
    exported
• Procedures for temporary importation, including
  for claims if no re-exportation of the vehicle
  19 December 2009   UNECE Transport Division            44
9. Customs Convention on Temporary
Import of Commercial Road Vehicles
Benefits
• Internationally agreed procedure
• No payment of vehicle import taxes
• Lower border delays, Lower border costs
• Lower travel costs
  19 December 2009   UNECE Transport Division   45
     9. Customs Convention on the Temporary
   Importation of Private Road Vehicles, of 1954
                   Contracting Parties: 76 States + EU




                                                     Contracting Parties
19 December 2009         UNECE Transport Division                          46
10. International Convention to Facilitate
the Crossing of Frontiers for Passengers
  and Baggage carried by Rail, of 1952
Objective
• To facilitate the crossing of borders for
passengers and their baggage carried by rail


 19 December 2009   UNECE Transport Division   47
10. International Convention to Facilitate
the Crossing of Frontiers for Passengers
  and Baggage carried by Rail, of 1952
Key provisions
• Procedures for efficient border controls at main
  border stations for rail passenger:
  – On trains in motion
  – At joint stations
 19 December 2009   UNECE Transport Division   48
10. International Convention to Facilitate
 the Crossing of Frontiers for Passengers
   and Baggage carried by Rail, of 1952
Benefits
• Lower travel time and disturbances to travellers
• Rationalized investment in and lower operating
  costs of border stations
• Facilitated international rail transport
  19 December 2009   UNECE Transport Division   49
  10. International Convention to Facilitate the Crossing of
Frontiers for Passengers and Baggage carried by Rail, of 1952
                    Contracting Parties: 10 States




                                                     Contracting Parties
 19 December 2009      UNECE Transport Division                            50
   11. International Convention to
 Facilitate the Crossing of Frontiers
 for Goods Carried by Rail, of 1952
Objective
• To facilitate the crossing of borders for goods
carried by rail


 19 December 2009   UNECE Transport Division        51
   11. International Convention to
Facilitate the Crossing of Frontiers for
   Goods Carried by Rail, of 1952
Key provisions
• Procedures for efficient border controls at main
  border stations for goods:
   – At one or several joint stations close to the border
   – Joint controls
  19 December 2009    UNECE Transport Division          52
   11. International Convention to
 Facilitate the Crossing of Frontiers
 for Goods Carried by Rail, of 1952
Benefits
• Efficient border controls, Lower transport time
• Lower investment and operating costs in border
  stations
• Facilitated international rail transport
 19 December 2009   UNECE Transport Division   53
 11. International Convention to Facilitate the Crossing of
        Frontiers for Goods carried by Rail, of 1952
                   Contracting Parties: 10 States




                                                    Contracting Parties
19 December 2009      UNECE Transport Division                            54
          12. Customs Convention on
              Containers, of 1972
Objective
• To facilitate the temporary admission in a
country of containers registered in another country
by deferring payment of taxes and duties


 19 December 2009   UNECE Transport Division   55
           12. Customs Convention on
               Containers, of 1972
Key provisions
• Common temporary admission procedures
• No document requirements
• Undertaking by Owner provides guarantee
• Prescriptions for secure sealing and use
 19 December 2009   UNECE Transport Division   56
          12. Customs Convention on
              Containers, of 1972
Benefits
• Minimum border procedures, Deferred payment
  of Customs taxes and duties
• Recovery of Customs duties if no re-export
• Facilitated international goods transport
 19 December 2009   UNECE Transport Division   57
        12. Customs Convention on Containers, of 1972
                     Contracting Parties: 30 States




                                                      Contracting Parties
19 December 2009        UNECE Transport Division                            58
13. Convention on Customs Treatment
      of Pool Containers Used in
   International Transport, of 1994
Objective
•To improve the use in common of containers by
members of a Pool in international transport through
simplified administrative procedures in order to
reduce transport of empty containers
  19 December 2009   UNECE Transport Division   59
13. Convention on Customs Treatment
      of Pool Containers Used in
   International Transport, of 1994
Key provisions
• Pool: Operators agreement to use containers in common
• Pool containers are admitted import tax-free, Customs
  document-free, with no limitations on internal use
• Provided that they were previously exported or will be
  subsequently re-exported or on equivalent compensation
   19 December 2009   UNECE Transport Division       60
13. Convention on Customs Treatment
      of Pool Containers Used in
   International Transport, of 1994
Key Provisions (cont’d)
• Equivalent compensation allows re-export or re-import
  of a container of the same type
• There shall be a balance for each Pool member
  between the number of containers it placed at the
  disposal of the Pool and that of Pool containers it used
  in its territory
  19 December 2009    UNECE Transport Division        61
13. Convention on Customs Treatment
      of Pool Containers Used in
   International Transport, of 1994
Benefits
• Pool containers can be used internally instead
  of immediately re-exported, which leads to
  lower transport of empty units
• Less procedures, No tax payment
  19 December 2009   UNECE Transport Division   62
13. Convention on Customs Treatment of Pool Containers Used in
  International Transport (Container Pool Convention), of 1994
                      Contracting Parties: 12 States + EU




                                                        Contracting Parties
   19 December 2009         UNECE Transport Division                          63
14. Agreement on the International Carriage
 of Perishable Foodstuffs and on the Special
  Equipment to be used for such Carriage
               (ATP), of 1970
   Objectives
   • To facilitate international transport of perishable
     foodstuffs
   • To ensure a high level of preservation of quality of
     perishable foodstuffs during their carriage
   19 December 2009    UNECE Transport Division        64
             14. ATP, of 1970 (Cont’d)
Key Provisions
• Harmonized and improved conditions for
  preservation of the quality of foods
   – Temperature to be observed during the carriage
   – Equipment used (refrigerating capacity, insulating
     capacity and efficiency of thermal appliances)
• Equipment must be certified on basis of ATP
• Reciprocal Recognition of Certificates
   19 December 2009   UNECE Transport Division        65
           14. ATP, of 1970 (Cont’d)

Benefits
• Preserved quality of foods during carriage
  avoids refusal at borders, deseases
• Trade of perishable foodstuffs is facilitated

19 December 2009   UNECE Transport Division       66
14. Agreement on the International Carriage of Perishable
               Foodstuffs (ATP), of 1970
                   Contracting Parties: 39 States




                                                    Contracting Parties
19 December 2009      UNECE Transport Division                            67
15. European Agreement concerning the
  International Carriage of Dangerous
     Goods by Road (ADR), of 1957
 Objectives
 • To increase safety of international road
   transport
 • To ensure the highest possible safety in the
   transport of dangerous goods by road in
   economically sustainable conditions
  19 December 2009   UNECE Transport Division     68
                   15. ADR, of 1957
Key provisions
• Identifies dangerous goods admitted
  international transport
  (Explosives, Flammable, Radioactive, Toxi
  c, Corrosive,….)
• Defines conditions of transport
  (packagings, tanks, labels, documents, vehic
  les, training)
19 December 2009      UNECE Transport Division   69
           15. ADR, of 1957 (Cont’d)
Key provisions
• Dangerous goods/Vehicles in conformity to be
  accepted in all Contracting Parties
• Parties may prohibit entry on their territory for
  reasons OTHER than safety during carriage
• Possibility of derogations (bilateral/multilateral
  agreements)

19 December 2009    UNECE Transport Division           70
             15. ADR, of 1957 (Cont’d)
Benefits
• High level of safety and security
• Mutual recognition of certificates
• Facilitated transport and trade of dangerous goods
• Harmonization with other transport mode
  regulations (sea, air, rail, inland waterways)
• Possibility of use for national regulations
• Open for accession to all UN Member States
  19 December 2009   UNECE Transport Division   71
15. European Agreement concerning the International Carriage of
           Dangerous Goods by Road (ADR), of 1957
                      Contracting Parties: 39 States




                                                       Contracting Parties
   19 December 2009      UNECE Transport Division                            72
16. Protocol of 1993 Amending Articles
     1 (a), 14 (1) and 14 (3) of ADR
  • Objectives: Improve the amendment
    procedure for Annexes A and B of ADR
  • Key provisions: Allows the Secretary-
    General to submit amendments to
    Contracting Parties, including on behalf of
    UNECE WP.15
 19 December 2009   UNECE Transport Division      73
16. Protocol of 1993 Amending Articles 1
      (a), 14 (1) and 14 (3) of ADR
Benefits
• Simplifies and accelerates amendments to ADR
Entry into force:
• Accession by all Contracting Parties to ADR needed
• Currently only 26 out of 39 Contracting Parties to ADR
• Accession to both ADR and Protocol is recommended
   19 December 2009   UNECE Transport Division       74
16. Protocol of 1993 amending art. 1(a), art. 14(1) and art. 14(3)(b)
                           of the ADR
                        Contracting Parties: 26 States




                                                         Contracting Parties
    19 December 2009       UNECE Transport Division                            75
  17. European Agreement concerning
the Work of Crews of Vehicles Engaged
    in International Road Transport
            (AETR), of 1970
Objectives
• Prevent professional drivers from driving excessive
  hours, thereby:
   • Preventing serious road accidents due to fatigue
   • Avoiding distortions in competition conditions
  19 December 2009       UNECE Transport Division       76
             (AETR), of 1970 (Cont’d)
Key provisions
• Maximum driving period in 1 day& in a 2-week period
• Minimum rest period after 6 consecutive days and rest
  period in each period of 24 hours
• On-board control device (tachograph) and provisions
  for construction, testing, installation and inspection
• Provisions for checking at roadside and at companies
  19 December 2009   UNECE Transport Division       77
           (AETR), of 1970 (Cont’d)
Benefits
• Fair competition between carriers
• Lower risk of accidents involving heavy vehicles
  caused by driver fatigue
• No cheating on driving or rest hours in future with
  the digital tachograph.

19 December 2009   UNECE Transport Division         78
  17. European Agreement concerning the Work of Crews of
Vehicles engaged in International Road Transport (AETR), 1970
                     Contracting Parties: 42 States




                                                      Contracting Parties
  19 December 2009      UNECE Transport Division                            79
              About Implementation
• International Conventions on transport can
  yield substantial benefits to Member States
• For this to happen, they must be fully and
  effectively implemented
• The ECE has neither enforcement authority
  nor financial means for implementation
19 December 2009    UNECE Transport Division   80
  About Implementation (Cont’d)
• Implementation is the responsibility of
  Contracting Parties
• Within its limited resources, the ECE
     – Promotes accession and implementation
     – Provides technical assistance and advise in ECE
     – Monitors implementation (whenever possible)
19 December 2009     UNECE Transport Division       81
                   What’s next
• LLDC to consider the Conventions
• Undertake national legal procedure for
  Accession
• Deposit an Instrument with the S-G.
• Remember: Many benefits, No fees
19 December 2009    UNECE Transport Division   82
     www.unece.org/trans


19 December 2009   UNECE Transport Division   83