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PROTOCOL AMENDING THE TREATY ESTABLISHING
THE CARIBBEAN
COMMUNITY
(PROTOCOL VI: TRANSPORT POLICY)
The States Parties to the Treaty Establishing the
Caribbean Community (hereinafter referred to as "the Member
States"):
Recognising the vital importance of land, air
and maritime transportation for maintaining economic, social and
cultural linkages as well as facilitating emergency assistance among the
Member Sates of the Caribbean Community (hereinafter called "the
Community");
Recognising further the importance of the
establishment and structured development of transport links with third
States for the accelerated and sustained development of the CARICOM
Single Market and Economy;
Aware of the importance of promoting adequate
air and maritime transport services for the continued viability of the
tourism industry and of reducing the vulnerability of the CARICOM Region
resulting from its reliance on extra-regional carriers;
Convinced that a viable transport policy for
the Community will make a significant contribution in satisfying the
demands for the intra-regional movement of people and products in the
CARICOM Single Market and Economy;
Conscious that the efficient regulation of
air and maritime transport is essential for the promotion of safety and
the protection of the environment, particularly the Caribbean Sea;
Conscious further of the strategic importance
of air and maritime capabilities in promoting and safeguarding the
essential security interests of Member States of the Community,
Have Agreed as follows:
Article 1: Use of Terms
In this Protocol, unless the context otherwise requires:
"Community" includes the CARICOM Single
Market and Economy to be established by the Protocols amending or
replacing the provisions of the Caribbean Common Market Annex to the
Treaty;
"Conference" means the Conference of Heads
of Government of the Community;
"the Council for Trade and Economic Development
(COTED)" means the organ of the Community so named in
Article 6(2)(a) of the Treaty;
"Member State" means a Member State of the
Community;
"recommended practice" means any
specification for physical characteristics, configuration, material,
performance, personnel or procedure, the uniform application of which is
regionally or generally recognised in the international community as
desirable for the efficient delivery of transport services;
"standard" means any specification for
physical characteristics, configuration, material, performance,
personnel or procedure, the uniform application of which is regionally
or generally recognised in the international community as necessary for
the efficient delivery of transport services;
"Treaty" means the Treaty establishing the
Caribbean Community signed at Chaguaramas on the 4th day of July 1973
and includes any amendments thereto which take effect either
provisionally or definitively (hereinafter referred to as "the
Treaty").
Article
2: Objectives of the Community Transport Policy
1. The goal of the Community Transport Policy shall be the provision
of adequate, safe and internationally competitive transport services for
the development and consolidation of the CARICOM Single Market and
Economy.
2. In fulfilment of the goal set out in paragraph 1 of this Article,
the Community shall pursue the following objectives:
a. the organisation of efficient, reliable, affordable transport
services throughout the Community;
b. the development and expansion of air and maritime transport
capabilities in the Community;
c. the promotion of co-operative arrangements for the provision of
transport services;
d. the development of efficient internationally competitive
ancillary transport services;
e. the development of human resources for employment in all areas and
at all levels of the transport sector;
f. the implementation of standards for the development of safe road,
riverine, sea and air transport services.
Article
3: Implementation of Community Transport Policy
1.
In order to achieve the objectives of the Community Transport
Policy, the Council for Trade and Economic Development (COTED) shall, in
collaboration with other Organs of the Community as appropriate,
promote, inter alia:
a. co-ordination of the national transport policies of Member States;
b. the implementation of uniform regulations and procedures,
consistent with standards and recommended practices, for the
development of an efficient multi-modal transport system,
particularly in respect of operations, safety, licensing and
certification
c. the development of required institutional, legal, technical,
financial and administrative support for the balanced, sustainable
development of the transport sector;
d. the establishment of measures:
i. to ensure that the development of the transport sector does not
impact adversely on the environment of Member States and, in particular,
the Caribbean Sea;
ii. for the acquisition and transfer of technology in the transport
sector; and
iii. for the establishment of joint ventures and programmes for
human resources development; and
e. investment in the transport sector, including ancillary services
supportive of the sector;
f. the removal of obstacles to the provision of transport services by
nationals of Member States in accordance with the relevant
provisions of Protocol II.
2. The COTED shall develop programmes to facilitate the achievement
of the objectives set out in Article 2.
3. Member States shall co-ordinate their actions in order to secure
the best terms and conditions for the provision of transport services by
service providers.
Article
4: Search and Rescue
1. The COTED shall promote co-operation in air and maritime search
and rescue operations in the Community, bearing in mind such machinery
as may exist for the overall co-ordination of search and rescue
services.
2. Member States shall notify the COTED of air and maritime equipment
and facilities available for use in search and rescue operations.
3. Member States shall collaborate with third States and competent
international organisations in search and rescue operations.
Article
5: Intra-Community Transport Services
1. Member States shall adopt uniform standards and recommended
practices for the provision of transport services.
2. Member States shall notify the COTED of legislative, regulatory or
administrative measures affecting the provision of transport services
within their domestic jurisdictions where such measures deviate from
uniform standards and recommended practices.
3. Member States adversely affected by such regulatory or
administrative measures may notify the COTED of such adverse effects,
and shall have recourse to the disputes settlement procedures under the
Treaty.
Article
6: Development of Air Transport Services
1. Member States shall co-operate in:
a. the development of air transport services in the Community and
towards this end may conclude among themselves air transport
agreements designed to facilitate the provision of such services;
b. establishing measures to ensure that the provision of
international air transport services in the Community is undertaken
by financially viable and technical qualified carriers and
operators, and that the Community interest in safety, security and
economy of air travel is not prejudiced.
2. The COTED shall promote co-operation among Member States in the
registration of aircraft and the enforcement of applicable standards in
the air transport industry.
3. Member States shall co-operate in ensuring uniformity in licensing
and certification procedures and equivalencies within the Community for
aviation personnel in conformity with international standards.
4. The COTED shall promote co-operation among operators of transport
services of Member States particularly in purchasing of equipment and
supplies, the management of inventories, interline and inter-modal
operations, code sharing, reservations, insurance, leasing and similar
operations.
Article
7: Aircraft Accident and Incident Investigation
1. Member States undertake to conduct effective and comprehensive
investigations into aircraft accidents and incidents with a view to
enhancing the technical conditions for the safe delivery of air
transport services.
2. Member States shall, to the extent possible, make available
appropriate equipment, facilities and personnel to assist in the
investigation of aircraft accidents or incidents which occur within the
Community and take effective measures to protect the property of
victims, relevant evidence and the crash site from interference and
unauthorised entry.
3. Member States shall collaborate with third States and competent
international organisations in the conduct of aircraft accident
investigations.
Article
8: Development of Maritime Transport Services
1. Member States shall co-operate in the development of maritime
transport services in the Community. In particular, Member States shall
co-operate in:
a. enhancing flag and port State control activities in the Region;
b. developing and providing expertise in the shipping industry,
including the necessary services and infrastructure necessary
for the growth of the shipping sector;
c. protecting the marine environment from the effects of vessel
source pollution and in combating the effects of such pollution;
and
d. taking any other action necessary for the sustainable
development of the shipping sector.
2. The Community shall co-operate with competent national, regional
and international organisations in establishing conditions for the
provision of efficient and affordable maritime transport services among
Member States.
3. The COTED shall promote co-operation among Member States in the
implementation of relevant international maritime instruments relating
to maritime safety, marine environmental protection, maritime accident
investigation and the facilitation of maritime traffic.
4. The COTED shall promote and co-ordinate the development of
maritime transport services in the Community through, inter alia:
a. the development of proposals for the establishment and upgrade of
small vessel enterprises in the Community;
b. the establishment of a regime of incentives to encourage the
development of shipping enterprises in the Community;
c. the establishment, improvement and rationalisation of port
facilities in the Community, to respond to the demands of
containerisation, refrigeration and storage of agricultural
commodities, nautical and cruise tourism and other special and
dedicated services;
d. co-operation and regular interchange among administrations to
promote a harmonised system for the development of maritime
transport in the Community;
e. promotion of joint ventures among Community nationals and with
extra-regional shipping enterprises to facilitate the transfer of
applicable technology and increase the participation of Member
States in international shipping;
f. the organisation and harmonisation of training programmes within
the Community, the strengthening of the capabilities of training
institutions and the ease of access of Community nationals to all
aspects of training and development in the shipping industry; and
g. the development of ancillary services in the shipping industry,
including non-vessel operating common carriers, marine insurance,
freight forwarding, transshipment and other services.
5. Member States shall promote the development of maritime transport
services in the Community through, inter alia:
a. the establishment and improvement of port facilities;
b. the establishment of effective maritime administrations for the
regulation of shipping in the respective jurisdictions of maritime
safety and marine environmental protection;
c. the implementation of relevant international maritime instruments
related to the safety of shipping and the prevention of vessel
source pollution; and
d. encouraging improved efficiency in ports and in related services
to reduce maritime transportation costs.
Article
9: Special Status of the Caribbean Sea
Member States shall co-operate in achieving international recognition
for the Caribbean Sea as a Special Area requiring protection from the
potentially harmful effects of the transit of nuclear and other
hazardous wastes, dumping, pollution by oil or by any other substance
carried by sea or wastes generated through the conduct of ship
operations.
Article
10: Signature
This Protocol shall be open for signature by the Member States on the
day of 1999.
Article
11: Ratification
This Protocol shall be subject to ratification by signatory States in
accordance with their respective constitutional procedures. Instruments
of ratification shall be deposited with the Secretariat which shall
transmit certified copies to the Government of each Member State.
Article
12: Accession
Any Member State other than a signatory State may accede to this
Protocol. An Instrument of Accession shall take effect on the date on
which the Instrument is deposited with the Secretariat of the Community.
Article
13: Entry Into Force
This Protocol shall enter into force one month after the date on
which the last Instrument of Ratification is deposited with the
Secretariat.
Article
14: Provisional Application
1. A Member State may, upon the signing of this Protocol or at any
later date before it enters into force, declare its intention to apply
it provisionally.
2. Upon such declaration by all Member States, the provisions of this
Protocol shall be applied provisionally pending its entry into force in
accordance with Article 13.
IN WITNESS WHEREOF the undersigned duly authorised
in that behalf by their respective Governments have executed this
Protocol.
DONE at__________________________ on the_____________day
of____________1999.
Signed by Lester Bird
for the Government of Antigua and Barbuda on the 13th day of July 1999
at St. John's, Antigua and Barbuda
Signed by Owen Arthur
for the Government of Barbados on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Said Musa
for the Government of Belize on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Edison James
for the Government of the Commonwealth of Dominica on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Keith Mitchell
for the Government of Grenada on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Clement Rohee
for the Government of the Co-operative Republic of Guyana on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Percival J. Patterson
for the Government of Jamaica on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by
for the Government of Montserrat on the day of 1999
at
Signed by Denzil L. Douglas
for the Government of St. Kitts and Nevis on the 4th
Signed by Kenny D. Anthony
for the Government of Saint Lucia on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by James Mitchell
for the Government of St. Vincent and the Grenadines on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Ronald R. Venetiaan
for the Government of The Republic of Suriname on the 27th day of October 1999
at Chaguaramas, Trinidad and Tobago
DECLARATION
The representatives of the under-mentioned Governments hereby declare their intention to apply provisionally the provisions of Protocol VI:
Signed by Lester Bird
for the Government of Antigua and Barbuda on the 13th day of July 1999
at St. John's, Antigua and Barbuda
Signed by Owen Arthur
for the Government of Barbados on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Said Musa
for the Government of Belize on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Edison James
for the Government of the Commonwealth of Dominica on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Keith Mitchell
for the Government of Grenada on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Clement Rohee
for the Government of the Co-operative Republic of Guyana on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Percival J. Patterson
for the Government of Jamaica on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by
for the Government of Montserrat on the day of 1999
at
Signed by Denzil L. Douglas
for the Government of St. Kitts and Nevis on the 4th
Signed by Kenny D. Anthony
for the Government of Saint Lucia on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by James Mitchell
for the Government of St. Vincent and the Grenadines on the 4th day of July 1999
at Port-of-Spain, Trinidad and Tobago
Signed by Ronald R. Venetiaan
for the Government of The Republic of Suriname on the 27th day of October 1999
at Chaguaramas, Trinidad and Tobago
Signed by Basdeo Panday
for the Government of The Republic of Trinidad and Tobago on the 4th day of
1999 at Port of Spain, Trinidad and Tobago
Signed by Basdeo Panday
for the Government of The Republic of Trinidad and Tobago on the 4th day of
1999 at Port of Spain, Trinidad and Tobago
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