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Southern African Development Community
Protocol on Transport, Communications and Meteorology
- Published
- Commenced on 6 July 1998
- [This is the version of this document at 24 August 1996.]
Chapter 1
Definitions
Article 1.1 – Definitions
In this Protocol, unless the context otherwise indicates—"annex" means an annex to this Protocol as annexed on the date of signing of the Protocol, but also any annex as may from time to time be added to the Protocol by mutual agreement between Member States;"Committee of Ministers" means the Committee of Ministers of Member States responsible for transport, communications and meteorology portfolios established by the Council pursuant to Article 11(2)(g) of the Treaty and referred to in Article 13.4 of this Protocol;"Community" means the organization for economic and social integration established by Article 2 of the Treaty;"Committee of Senior Officials" means the Committee of Permanent/Principal Secretaries, Secretaries, Directors-General, National Directors and officers of equivalent rank responsible for transport, communications and meteorology portfolios referred to in Article 13.5 of this Protocol;"corridor" means a major regional transportation route along which a significant proportion of Member States' or non-Member States' regional and international imports and exports are carried by various transport modes, the development of which is deemed to be a regional priority;"Corridor Planning Committees" means the committees referred to in Article 3.5 of this Protocol;"Council" means the Council of Ministers of the SADC established by Article 9 of the Treaty;"extra-territorial jurisdiction" means the right conferred upon one Member State to authorize the performance of an activity legally requiring official sanction in the territory of another Member State;"Executive Secretary" means the chief executive officer of the SADC appointed under Article 10(7) of the Treaty;"freight container" means an article of transport equipment that is of a permanent character, strong enough to be suitable for repeated use and specially designed to transport goods by more than one mode;"harmonization" means the dynamic process of establishing mutually complementary policies, legislation, rules, standards, practices or systems between Member States on the basis of agreed minimum requirements;"host country" means the Member State to which the responsibility of co-ordinating the transport, communications and meteorology sectors has been assigned and in whose territory the SATCC-TU is located;"integrated transport" means a regional transportation system which integrates all modes, designates a network of defined transport corridors, emphasizes connections, choices and coordination of transport services and promotes an optimal yield from the region's transportation resources;"intermodal transport" means the transport of goods by several modes from one point or port of origin via one or more interface points to a final point or port, where one of the carriers organizes the whole transport without assuming liability for the entire transport from origin to final destination;"land-locked state" means a state which has no sea-coast;"Member State" means a state party to the Treaty;"multimodal transport" means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport contract from a place in one country at which goods are taken in charge by the multimodal transport operator to a place designated for delivery situated in a different country but excluding the picking up and delivery of goods carried out in the performance of a unimodal transport contract, as defined in such contract;"multimodal transport contract" means a contract whereby a multimodal transport operator undertakes, against payment of freight, to perform or procure the performance of international multimodal transport;"multimodal transport operator" means any person who, on his/her own behalf or through another person acting on his/her behalf, concludes a multimodal transport contract and who acts as a principal, not as an agent or on behalf of the consignor or of the carriers participating in the multimodal transport operations, and who assumes responsibility for the performance of the contract;"national" means pertaining to any matter peculiar to or characteristic of an individual Member State;"non-Member State" means a state not party to the Treaty;"Protocol" means this instrument of implementation of the Treaty and includes any annex, amendment or extension thereof which form an integral part of this Protocol;"Railway Route Management Groups" means the groups referred to in Article 7.8 of this Protocol;"region" means the geographical territory of the Member States of the SADC;"Regional Trunk Road Network" means the network of regional trunk roads providing access to major centres of population and economic activity contemplated in Article 4.3 of this Protocol;"road infrastructure" means roads, bridges and road furniture;"road traffic" means the flow of traffic and interaction between pedestrians, drivers and vehicles on the road network;"road traffic quality management" means the control and management of road traffic in order to effect qualitative road traffic operations resulting in order, discipline and safety on the road network;"road transport" means the conveyance of passengers and freight on the road network between origins and destinations by means of road transport vehicles;"road transport management" means the control and management of road transport to ensure that such transport is undertaken in the most efficient and economic manner to the satisfaction of the users thereof;"Road Transport Route Management Groups" means the groups referred to in Article 5.6 of this Protocol;"SATCC" means the commission referred to in Article 13.3 and established by Article 9 of the Treaty;"SATCC-TU" means the Technical Unit supporting the functions of SATCC referred to in Article 13.9 of this Protocol;"Secretariat" means the SADC Secretariat established by Article 9 of the Treaty;"service provider" means the public or private sector provider of a transport, communications or meteorology facility and/or operational service;"sub-sectoral committee" means a committee referred to in Article 13.6 of this Protocol;"Treaty" means the Treaty establishing the Southern African Development Community; and"Tribunal" means the Tribunal established by Article 9 of the Treaty.Article 1.2 – Abbreviations
The following list of abbreviations shall be applicable in this Protocol—AFCAS: African Civil Aviation CommissionASK: Available Seat KilometresCIF: Cost, Insurance and FreightICAO: International Civil Aviation OrganizationICAO SARPs: International Civil Aviation Organization Standards and Recommended Practices as contained in the Annexes to the Convention on International Civil Aviation, 1944IMO: International Maritime OrganizationISO: International Standards OrganizationITU: International Telecommunication UnionLUT: Local Users TerminalNMCs: National Meteorology CentresRMSN: Regional Meteorology Support NetworkRPK: Revenue Passenger KilometresRSIS: Regional Rolling Stock Information and Management SystemRTRN: Regional Trunk Road NetworkSADC: Southern African Development CommunitySAR: Search and RescueSARSAT/COSPAS: Search and Rescue Satellite Aided Tracking/Kosmicheskya Sistyema Polska Avariynych SudovSAR 1979: International Convention on Maritime Search and Rescue, 1979SATCC: Southern Africa Transport and Communications CommissionSATCC-TU: Southern Africa Transport and Communications Commission Technical UnitSTCW 1978: International Convention on Standards of Training, Certification and Watchkeeping of Seafarers, 1978UN: United NationsUPU: Universal Postal UnionWMO: World Meteorology OrganizationWMO Convention: Convention on the World Meteorological OrganizationChapter 2
Scope, intra- and extra-Community relations general objective and strategic goals
Article 2.1 – Scope
The scope of this Protocol comprises the entirety of the transport, communications and meteorology sectors in each Member State and the region, including, but not limited to—Article 2.2 – Intra- and extra-Community relations
Member States acknowledge their existing bilateral and multilateral relations—Article 2.3 – General objective
Member States' general objective is to establish transport, communications and meteorology systems which provide efficient, cost-effective and fully integrated infrastructure and operations, which best meet the needs of customers and promote economic and social development while being environmentally and economically sustainable.Article 2.4 – Strategic goals
Member States shall engage all stakeholders in giving effect to this Protocol by promoting the following strategic goals—Transport
Chapter 3
Integrated transport
Article 3.1 – Objectives
Member States shall promote economically-viable integrated transport service provision in the region—Article 3.2 – Integrated transport policy
Article 3.3 – Infrastructure
Article 3.4 – Logistical systems
Article 3.5 – Institutional framework
Chapter 4
Road infrastructure
Article 4.1 – Objectives
Member States agree to ensure and sustain the development of an adequate roads network in support of regional socio-economic growth by providing, maintaining and improving all roads including primary, secondary, tertiary and urban roads, including those segments which collectively constitute the RTRN in order to—Article 4.2 – Road infrastructure policy
In order to attain road infrastructure objectives, Member States agree to develop a harmonized regional road infrastructure policy aimed at—Article 4.3 – Regional Trunk Road Network and route numbering system
Article 4.4 – National roads authorities
Member States agree to establish autonomous accountable national roads authorities which are representative of the public and private sector and which have clearly defined responsibilities for—Article 4.5 – Funding sources
Article 4.6 – Regional funding initiative
Article 4.7 – Harmonized technical standards
Chapter 5
Road transport
Article 5.1 – Objectives
Member States shall facilitate the unimpeded flow of goods and passengers between and across their respective territories by promoting the development of a strong and competitive commercial road transport industry which provides effective transport services to consumers.Article 5.2 – Road transport policy
In order to obtain road transport objectives, Member States agree to develop a harmonized road transport policy providing for equal treatment, non-discrimination, reciprocity and fair competition, harmonized operating conditions and promoting the establishment of an integrated transport system as set out in Chapter 3.Article 5.3 – Market access in respect of international transport
Article 5.4 – Regulatory mechanism
Member States shall comply with this Chapter by concluding standardized bilateral or multilateral agreements based on the principles of non-discrimination, reciprocity and extra-territorial jurisdiction which address the following—Article 5.5 – Domestic road transport policies
Member States shall ensure that domestic measures shall conform to regional policies and co-ordinate their efforts in this regard.Article 5.6 – Road Transport Route Management Groups
Article 5.7 – Information management
Article 5.8 – Road transport facilitation
Member States recognize the need to adopt measures to facilitate the free flow of goods and passengers in the region and shall, in line with the objectives set out in Chapter 3, endeavour to co-ordinate the activities of other authorities which impact on road transport, especially at border-posts and inland clearing depots.Article 5.9 – Road transport law enforcement
Chapter 6
Road traffic
Article 6.1 – Objectives
Member States shall enhance the overall quality of road traffic in the region with the emphasis on promoting acceptable levels of safety, security, order, discipline and mobility on the roads and protecting the environment and road infrastructure.Article 6.2 – Road traffic policy
In order to attain road traffic objectives, Members States agree to develop a harmonized regional road traffic policy in respect of—Article 6.3 – Fitness of vehicles
Article 6.4 – Safety standards of vehicles and equipment on or in respect of vehicles
Article 6.5 – Dimensions of vehicles and vehicle combinations
Article 6.6 – Loads on vehicles
Article 6.7 – Abnormal, awkward and hazardous substance loads
Article 6.8 – Third party insurance
Article 6.9 – Training and testing of drivers
Member States shall develop and implement harmonized standards with regard to the training and testing for learner's and driving licences and professional driving permits or other documentation issued for the same purpose, including—Article 6.10 – Driving licences
Article 6.11 – Traffic operations
Article 6.12 – Road traffic quality management plan
Article 6.13 – Road traffic control and policing
Member States shall co-operate in developing and implementing a regional road traffic control and law enforcement plan which shall provide for—Article 6.14 – Incident management systems
Article 6.15 – Environmental control
Article 6.16 – Development of road traffic information systems
Chapter 7
Railways
Article 7.1 – Objectives
Member States shall facilitate the provision of a seamless, efficient, predictable, cost-effective, safe and environmentally-friendly railway service which is responsive to market needs and provides access to major centres of population and economic activity.Article 7.2 – Railway policy
In order to attain railways objectives, Member States agree to develop a harmonized regional railway policy in respect of—Article 7.3 – Infrastructure
Article 7.4 – Operational areas of co-operation
Article 7.5 – Technical standards
Member States shall promote the development and implementation of compatible technical standards in respect of infrastructure and operational equipment, which shall include taking cognisance of the following—Article 7.6 – Transportation of hazardous materials
Member States shall promote the adoption of common safety rules and regulations governing the transportation of hazardous materials.Article 7.7 – Human resources development
Article 7.8 – Regional co-operation
Chapter 8
Maritime and inland waterway transport
Article 8.1 – Objectives
Member States shall promote the economic and social development of the region by developing and implementing harmonized international and regional transport policies in respect of the high seas and inland waterways which—Article 8.2 – Maritime and inland waterway transport policy
Article 8.3 – Port infrastructure and operations
Article 8.4 – Regional co-operation
Article 8.5 – International standards and recommended practices
Article 8.6 – Human resource development
Member States shall provide training in conformity with the STCW 1978 to which all states are party and shall provide for—Chapter 9
Civil aviation
Article 9.1 – Objectives
Article 9.2 – Civil aviation policy
In order to attain civil aviation objectives, Member States agree to develop a harmonized regional civil aviation policy in respect of, amongst others—Article 9.3 – Enhancement of commercial viability and competitiveness of regional air services
Article 9.4 – ICAO Standards and Recommended Practices
Article 9.5 – Establishment and management of the SADC Permanent Mission to ICAO
Communications
Chapter 10
Telecommunications
Article 10.1 – Objectives
Member States agree to take advantage of international technological developments and to develop national telecommunications networks for the provision of reliable, effective and affordable telecommunications services in order to—Article 10.2 – Telecommunications policy
In order to attain telecommunications objectives, Member States agree to develop a harmonized regional telecommunications policy aimed at—Article 10.3 – Universal service
For the purpose of policy development in respect of universal service, Member States agree to develop a common understanding of universal service by determining—Article 10.4 – Broadcasting
Article 10.5 – Network provision and maintenance
Article 10.6 – Regional co-operation
Article 10.7 – Regulatory framework
Member States shall ensure the separation between the regulation and operation of telecommunications services within their national jurisdictions, and, to this end, Member States shall—Article 10.8 – Responsibilities of national regulatory bodies
Member States agree that national regulatory bodies shall have responsibility for—Article 10.9 – Technical standards
Article 10.10 – Human resource development
Article 10.11 – International co-operation
Chapter 11
Postal services
Article 11.1 – Objectives
Member States shall provide efficient market-related universal postal services responsive to consumer needs which are affordable, of a good quality and meet the social needs of communications as a public service mission and maintain complementary and supportive relationships between their respective postal administrations in support of the economic needs of the region.Article 11.2 – Postal services policy
In order to attain postal services objectives, Member States shall develop a harmonized postal services policy, which includes—Article 11.3 – Infrastructure
Article 11.4 – Institutional framework
Article 11.5 – Operational standards and procedures
Article 11.6 – Postal security
Article 11.7 – Human resource development
Meteorology
Chapter 12
Meteorology
Article 12.1 – Objectives
Article 12.2 – Meteorology policy
In order to attain meteorology objectives, Member States shall develop a harmonized meteorology policy which facilitates regional co-operation, strengthens national capacity and ensures compliance with their international commitments.Article 12.3 – Infrastructure
Article 12.4 – National institutional frameworks
Article 12.5 – Regional Meteorological Support Network
Article 12.6 – Co-operation framework
Article 12.7 – Human resource development, research and scientific co-operation
Institutional
Chapter 13
Institutional, implementation and monitoring
Article 13.1 – Implementation and monitoring
Article 13.2 – Protocol development, new areas of co-operation and annexes
Article 13.3 – SATCC
Article 13.4 – Committee of Ministers
Article 13.5 – Committee of Senior Officials
Article 13.6 – Sub-sectoral committees
Article 13.7 – Functions of sub-sectoral committees
Article 13.8 – National co-ordination
Article 13.9 – SATCC-TU
The SATCC-TU shall be a body providing technical, implementation and monitoring support to all the implementation agencies with the implementation of the provisions of this Protocol, monitoring compliance by Member States with their obligations in terms of this Protocol and providing secretarial and administrative support to the SATCC and to this end, may receive requests for assistance from all components of the SATCC.Article 13.10 – Secretarial and internal administrative support functions of the SATCC-TU
The SATCC-TU shall—Article 13.11 – Technical support functions of the SATCC-TU
The SATCC-TU shall provide technical support through assistance with—Article 13.12 – Monitoring functions of the SATCC-TU
The SATCC-TU shall monitor the implementation of this Protocol by—Article 13.13 – Regional bodies
Article 13.14 – Quorum and decisions
Article 13.15 – Operation and management of the SATCC-TU
The SATCC-TU shall operate and be managed in accordance with—Article 13.16 – SATCC-TU employees
Article 13.17 – Financial regulations, standing orders and rules
Article 13.18 – The budget
Article 13.19 – Headquarters of the SATCC
Chapter 14
Final provisions
Article 14.1 – Signature, ratification and accession
Article 14.2 – Entry into force
Article 14.3 – Reservations
No reservations shall be made in respect of any provisions of this Protocol.Article 14.4 – Denunciation
Article 14.5 – Amendment of Protocol and annexes and inclusion of annexes
Article 14.6 – Non-compliance
Article 14.7 – Relationship with other international agreements
History of this document
06 July 1998
Commenced
24 August 1996 this version
Consolidation