1. ESCWA Expert Group Meeting on transport and trade facilitation in the ESCWA region Beirut 7./8.12.2009 Proposal for a work schedule for ESCWA Work Group on harmonization of legislation and institutional framework prepared by Wolf R. Schwippert, Attorney at Law ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework

2. CONTENTS:  What harmonization should not do!  The aim of harmonization?  Areas where harmonization is required  Proposal for a work schedule 2

3. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework What harmonization should not do! To simply impose uniform laws and models on all ESCWA member states in transport matters Because domestic transport is not the field of competence of ESCWA Because ESCWA countries are not homogen and have different concepts and policies Because ESCWA countries have different financial and commercial concepts to realize transport infrastructure Because not all what others have done should simply be copied 3

4. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework The aim of harmonization Cross border transport requires that systems complement and correspond with each other (interoperability) If interoperability exists, trade (goods & passengers) can be facilitated Facilitation of trade among ESCWA member states, Arab League member states and neighboring regions Relates to all modes of transport Land (road and rail), air, marine 4

5. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Potential areas, where harmonization is required in land transport: Private vehicles, Drivers licensing Technical specifications on – Safety – Environment UN Conventions already in place, to check as to whether ESCWA member states have acceeded to such conventions. 5

6. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Potential areas, where harmonization is required in land transport: Private vehicles, UN Conventions : Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of These Prescriptions, 1958, as amended; and Agreement concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections, 1997. 6

7. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Potential areas, where harmonization is required in land transport: Commercial vehicles (cargo & passengers), Vehicle specifications on safety & environment – See UN Conventions Drivers/Crew licensing Custom Clearance (UN-TIR-Convention) Cabotage Civil liabilities of owners, not only of drivers (insurance) 7

8. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Potential areas, where harmonization is required in land transport: Roads, Technical specifications Signs, signalling (UN Vienna Convention) Safety UN – ESCWA Convention on Roads of 2001 already in place, to check as to whether it is sufficient. 8

9. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Potential areas, where harmonization is required in land transport: Rail, Technical specifications on rail infrastructure – UN-ESCWA Agreement on Rail in place since 2003 Technical specifications on rolling stock – UN-ESCWA Agreement on Rail in place since 2003 Application on tariffs on international traffic Licensing of crews EU Directive 2004/49/EC (Rail Safety Directive) to be looked at 9

10. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Harmonization in the fields of Air Transport, ICAO Marine Transport IMO To identify other stakeholders and areas of concern, seaports airports 10

11. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Potential areas, where harmonization is required : Institutional Framework Model Structure of Public Administration 3 tasks – 3 levels: -Policy makingMinister -SupervisionDeputy Minister -OperationalAuthority 11

12. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Proposal for a work schedule Definition of stakeholders Definition of areas to be regulated Collection of existing national laws Identification of existing international conventions Gap analysis on legislation Analysis of existing institutional frameworks Recommendations 12

13. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Proposal for a work schedule Definition of stakeholders, e.g. Ministries of Transport Custom Authorities /Ministries of Finance Ministries of Interior Arab League Gulf Cooperation Council African Union European Union/UNECE Turkey/Iran 13

14. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Proposal for a work schedule Definition of areas to be regulated, e.g. Private vehicles Commercial vehicles Roads Rail Marine Air transport 14

15. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Proposal for a work schedule Collection of existing national laws National laws sometimes not too transparent in their availability Advantage of common Arabic language Advantage transparency, one learns from each other Data bank to be established – Stage 1 internal – Stage 2 publicly accessable 15

16. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Proposal for a work schedule Identification of existing international conventions UN Conventions open to ESCWA member states Identification of UN Conventions not directly open to ESCWA member states, like UNECE-Conventions – e.g. Convention on the Contract for the International Carriage of Goods by Road (CIR) of other international bodies, institutions and associations 16

17. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Proposal for a work schedule Gap analysis on legislation as deliverable and precondition for the recommendations; after analysis of areas to be regulated; and analysis of existing laws, regulations and conventions 17

18. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Proposal for a work schedule Analysis of existing institutional framework might enter data bank facilitates regional and international work processes limited gap analysis, – if functions are missing – if insufficiencies are detected – if common ESCWA member standards are not met 18

19. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Proposal for a work schedule Recommendations For individual national legislation projects For regional legislation projects – Arab League – UN-ESCWA – Accession to UN Conventions – Other international or regional conventions and agreements For improvement of institutional framework 19

20. ESCWA Expert Group Meeting Harmonization of Legislation & Institutional Framework Thank you for your attention ! 20 Schwippert Law Office, Berlin www.schwippert.eu