3.3 Land Transport
A. Sub-Regional Sectoral Agreements
9 | 10 | 11 | 12
9. Decision 398: “Transporte Internacional de Pasajeros por Carretera, sustitutoria de la Decisión 289"
(Decision 398: International Transport of Passengers by Road, substitutive of Decision
DATE: January 17, 1997
MEMBERS: Andean Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)
Summary of Provisions
Objective (Chapter II): Fundamental Principles
Article 2: This Decision establishes the conditions for the provision of the service of international transport of passengers by road between the Member Countries of the Cartagena Agreement, with the purpose to liberalize its
Article 3: The supply and provision of international transport is based on the following fundamental principles: freedom of operation; market access; national treatment; transparency; non-discrimination; legal treatment equality; free competition; and most-favored-nation.
Definitions (Chapter I):
Article 1: For the application of this Decision and of the other Community standards which regulate the international transport of passengers by road between the countries of the Cartagena Agreement, the following definitions are used:
“Customs of Border Crossing”, ”Scope of Operation”, “International Travel Ticket”, “National Center of Attention in the Border” or “Binational Center of Attention in the Border”, “Certificate of Qualification”, “Closed
Circuit”, ”Border Crossing”, “Equipment”, “Frequency”, “Fleet”, “Qualification”, “Schedule”, “Itinerary”,
“Handbook of the Land Crew Member”, “List of Passengers”, “Operation of International Transport of Passengers by Road”,
“Competent National Entity":
- Bolivia: General Office of Land Transport;
- Colombia: General Office of Automotive Land Transport and Traffic;
- Ecuador: National Council on Land Traffic and Transport;
- Peru: General Office of Land Circulation;
- Venezuela: Autonomous Service on Land Transport and Traffic.
“Country of Origin”, “Passenger”, “Permit for Provision of Services”, “Complementary Permit for Provision of Services”, “Registration”, “Route”, “Andean System of Highways”, “Traffic”, “Transit”,
“International Transport of Passengers by Road”: from now on “international Transport”, the transport of passengers which, supported by travel tickets and a list of passengers, is carried by he authorized transporter in qualified vehicles, from a city of origin to another city of destination, located in different Member Countries, according to established routes, frequencies and
“Authorized Transporter”, “Crew”, “Qualified Vehicle”.
Application Scope (Chapter III):
Article 5: The international transport of passengers by road taking place between Member Countries of the Cartagena Agreement, or in transit through their territories, will be governed by this Decision and its complementary
Article 7: The following traffic routes are established for the international transport by
a) Between cities of neighbor Member Countries;
b) Between cities of two Member Countries, crossing one or more Member
c) Between cities of two or more Member Countries.
Article 9: The international transport carried by transporters of third countries through the territory of one or more Member Countries will be governed by national standards of each of the Member Countries through which the traffic takes place, or by what is established in current international
Article 10: The international transport will be carried through routes and according to frequencies and itineraries agreed between the national competent entities and assigned by
Article 15: The provisions of this Decision do not apply to the frontier transport, which will be governed by standards decided between the neighbor Member
Article 17: The Member Countries, in their respective territories, grant free transit to qualified vehicles and cargo unities which are properly registered to carry out the international transport.
Article 18: The authorized transporter who has received a Complementary Permit for Provision of Services will receive treatment no less favorable than the treatment granted to the own authorized transporters of the country which has issued the
Article 19: The Member Countries will accord to the authorized transporter, to whom a Complementary Permit for the Provision of Services has been granted, treatment no less favorable than the treatment accorded in similar circumstances to the transporters of a third
Article 20: When adopting a measure applying to international transport, regarding the circulation of qualified vehicles and cargo unities, as well as the crew, each Member Country will make it immediately available to the knowledge of the other Member countries and of the Board of the Cartagena
The same procedure must be followed in the cases of signature, adherence to or ratification of bilateral or multilateral agreements with other Member Country or third countries, regarding the international transport of passengers by
Article 152: Each Member Country will timely communicate to the competent national entities of the other Member Countries, the required conditions for the circulation of qualified vehicles, which may not be, in any circumstances, more strict than the required conditions for the circulation of their own registered vehicles.
Transport Conditions (Chapter IV):
Article 21: Only the transporter with the authorizations which were established in this Decision may carry out the international transport of passengers by
Article 25: The international transport of passengers by road will be carried out through the operation form of direct
Article 27: The licenses granted by a Member Country to conduce automotive vehicles, where the conductors are used in the international transport, will be recognized as valid in the other Member Countries through which the traffic takes
Article 31: The identification applied by a Member Country to vehicles which are registered there (plates or other specific identifications), and to the qualified vehicles, will be recognized as valid in the other Member Countries through which such vehicles
Article 32: The insurance policy mentioned in item d) of articles 50 and 51 of this Decision must be presented to the respective national competent entities before the provision of services
The transporter may not carry the international transport when the insurance policy on civil responsibility is due.
Suspension of Services:
Article 36: The services of international transport may be suspended
a) Judicial Mandate;
b) National Competent Entity’s Order, as a consequence of an administrative procedure;
c) Decision by an Authorized transporter.
In the case of c), the suspension will be notified to the national competent entity with at least fifteen calendar days of anticipation, before entering into
Chapter V covers the Authorizations for the Transport, Chapter VI the Crew,
Chapter VII the Qualification of Vehicles, Chapter VIII the Transport Contract and
Settlement of Disputes (Chapter IX): The Jurisdiction and
Article 115: Any conflict or difference arising from the application or execution of an international transport contract which does not involve this Decision’s norms of public order will be governed by the law anticipated in the contract. In face of the absence of agreement, the provisions of this Decision and its complementary norms will be applied, and in cases not covered by them, the national right norms will be
Chapters X and XI cover Customs and Migration Aspects, respectively.
National Competent Entities:
Article 144: The national competent entities which are designated and accredited by the Member Countries will be responsible for the application of this Decision and its complementary norms in their
Article 145: The national competent entities shall also:
a) Coordinate with their country’s other authorities the application of the operational and procedural aspects established in the Decisions and complementary norms regulating the international transport of passengers by road, as well as the transport of postal parcel
b) Coordinate the execution of the operational aspects of the international transport of passengers by road with the national competent entities of the other Member
c) Promote coordination mechanisms with the authorized transporters and users of the international transport of passenger by road of their
d) Promote the establishment of the Commissions for Traffic and International Land Transport Facilitation;
e) Supply the Board of the Cartagena Agreement and the Committee’s Pro-Tempore Secretariat with any requested information regarding the international transport of passengers by road, according to what is anticipated in this Decision and its complementary norms, as well as in the Agreements or Resolutions approved by the Andean Committee of Land Transport Authorities (CAATT).
Article 146: The national competent entities will carry a national record of authorized transporters, as well as of qualified vehicles which operate in their country, with their corresponding routes, frequencies and itinerary, as well as the modifications, suspensions or
Chapters XIII and XIV cover the National or Binational Centers of Attention in the Border and the Andean Record of Authorized Transporters and Qualified Vehicles,
Article 166: This Decision will substitute the Decision 289 of the Cartagena Agreement’s
Enter into Force:
Article 215: This Decision will enter into force after its publication in the Official Gazette of the Cartagena Agreement.
10. Decision 271: “Sistema Andino de
Carreteras” (Decision 271: Andean System of Highways)
DATE: October 17-20,
MEMBERS: Andean Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)
Article 1: An Andean System of Highways with a multinational character and committing the jointed action of the Member Countries is established, which main objectives
a) to establish the most direct possible links between the Member Countries through a system of continuous highways, which allows an easy, safe and economic access between the main centers and regions of the Andean
b) to provide for the Andean commercial exchange, in a way that the transport costs allow the incentive to the subregional production and the consolidation of the stimuli achieved with the process of tariff
c) to allow the touring and regular transport of passengers between and through the Member Countries, by highways, as a definitive contribution for the greater knowledge of their geography and natural beauty, as well as for the diversification of their sources of foreign
d) to link the Andean Subregion with the other Latin American countries, aiming to expand the subregional market and to achieve full continental physical integration.
Article 2: The Andean System of Highways is shaped by three road axises, classified according to the zones they connect, as
1) Trunk Axises: allow the continuous, direct, economic and safe interconnection between the Member Countries, in transitable conditions throughout the year, to facilitate the transport of passengers and the Andean commercial
2) Interregional Axises: serve to link the Trunk Axises with the other highways and roads of the other Latin American
3) Complementary Axises: allow the connection of other internal areas of development with the Trunk
Articles 3, 4 and 5 identify the trunk, interregional and complementary axises of the Andean System of
Article 6: The definition of the road axises of the Andean System of Highways contained in this Decision does not
constitute a restriction to the Member Countries’ prerogative to establish other bilateral road links through Agreements or Treaties covering such
Article 7 establishes cross-border intersections for the Trunk Axises which are defined in Article 3 of this
Article 9: The definition of cross-border intersections in Article 7 does not limit in any way the Member Countries’ faculty to bilaterally approve other cross-border intersections of binational,
regional or border interests.
Article 10: It is declared that the subregional construction and improvement of the Trunk Axises that are defined in this Decision, and their maintenance in adequate and permanent transitable condition for the transport of persons and merchandise, are of subregional interest.
For such, the Member Countries commit to the development of the following tasks, programs or
a) grant priority to the projects of renovation and maintenance of the segments shaping the Trunk
b) give preference to the conclusion of the segments of the Trunk Axises which at present have been unable to be open to vehicular transit throughout the year;
c) formulate, approve and implement a group of actions and projects for the better use and conservation of the infrastructure of the Trunk Axises, and to facilitate the normal movement of the road’s users;
d) study and define, in coordination with the Board and the Andean Corporation on Development Promotion, the creation of a common emergency fund which could be managed by this Corporation, with the purpose to finance the expenses and investments which are necessary in emergency situations where road segments of the Trunk Axises are
Article 12: The Member Countries commit to consolidate an effective coordination with the other Latin American countries regarding the Interregional Axises, for their execution in all steps and implementation in the Member Countries where they are
Article 13: The Member Countries commit to the progressive construction, maintenance and improvement of the Complementary Axises and can count on the community support for their specific financing
Conformance to International Standards:
Article 11: Adopt as a reference for the design of new and for the improvement of existing highways in the Andean System of Roads, the “Inter-American Manual of Standards on Geometric Design of Highways”, approved by the XII Pan-American Congress of Highways through Resolution COPACA/RES.VIII (XIII-79), such that each Member Country, respecting the general outlines of the Manual, may adapt it to its own
technique or economic conditions.
Andean Committee on Road
Article 16: It is established the Andean Committee on Road Infrastructure, constituted by a titular and an alternate representative which are designated according the legal standards of each country. The Committee will have, among others, the following
a) adequately undertake the execution of this Decision;
b) elaborate and approve its own
c) coordinate the execution and following of tasks and recommendations generated by the Meetings of the Ministers of Transports, Communications and Public Works, as well as by other similar fora, which are related to the programs, projects and actions on the infrastructure of the Andean System of
d) promote the exchange of information on the infrastructure and projects of the Andean System of Highways, which are necessary to the goals of this Decision;
e) design, approve and carry a Supporting Program to the Andean Road
f) establish an adequate coordination, for the pertinent purposes, with the Andean Committee of Land Transport Authorities, and other similar subregional
g) carry analysis and recommendations which allow the definition of the incorporation and /or modification of new road segments to the Andean System of Highways, proposed by the respective Member
h) lay down the basis for the adoption of an Andean Manual on Design of Highways, taking into account the experiences deriving from the application of its national standards and the adoption of the “Inter-American Manual of Standards on Geometric Design of Highways” of the Pan-American Congresses on Highways;
i) study, revise and approve the sub-regional standards and specifications for the design, construction and maintenance of the projects which shape the Trunk Axis, taking into account, the experiences derived from the Pan-American Congresses on Highways, among others, and the convenience of the Member
j) meet in each Member Country at least once a year, rotating turns, in ordinary work sessions led by the corresponding authority of the country where the meeting is taking
Article 17: the Board will coordinate the functions of the Andean Committee on Road Infrastructure and will offer technical and logistic support. It will act as the Committee’s Permanent Technical Secretariat, submitting its conclusions and recommendations to the corresponding authorities of each Member Country and/or of Community
Article 18: The Andean Committee on Road Infrastructure will be installed and operate within the next ninety days after the entry into force of this Decision, in accordance with the summoning and topics prepared by the Permanent Technical Secretariat.
Decision 277: Modificación de la Decisión 271 “Sistema Andino de
Carreteras” (Decision 277: Modification of Decision 271: “Andean System of
DATE: November 22-23, 1990
Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)
Objective: Modify Decision 271 on the “Andean System of Highways”.
Article One: Add the following to Article 10 of Decision 271:
e) Promote ways of limbering the study, design and construction of the segment Mazocruz-Pichupichuni-Desaguadero, aiming to improve, as fast as possible, Bolivia’s physical interconnection with the Subregion.
12. Decision 290: “Póliza Andina de Seguro de Responsabilidad Civil para el Transportador Internacional por
Carretera” (Decision 290: Andean Civil Responsibility Insurance Policy for International Transporters by
DATE: October 17-20, 1990
Community (Bolivia, Colombia, Ecuador, Peru and Venezuela)
Article 1: Approve the Andean Civil Responsibility Insurance Policy for the International Transporter by Road and the Annex supporting Body Accidents for Land Crew Members, whose texts are attached to this
Scope of Application:
Article 2: The Andean Civil Responsibility Insurance Policy and its Annex will be issued by an insurance company established in any of the Member Countries, and will cover the civil responsibility derived from accidents affecting passengers and third persons not being transported and body damage suffered by the crew, as a consequence of accidents which were caused by qualified vehicles pertaining to the enterprises in the area of international transport by road.
Article 5: The insurance companies must have a representative in the Member Countries where the coverage of the Andean Civil Responsibility Insurance Policy is valid, which necessarily will be another insurance company established in those countries, with the faculty of representing them judicially and to take care, solve, liquidate and pay the complaints brought to the represented company in this Member
With this purpose, the companies will subscribe and maintain agreements of reciprocal assistance with other insurance companies established in the rest of the Member Countries where the Andean Civil Responsibility Insurance Policy and its Annex will enter into
Article 7: The representatives of the insurance companies are obliged
a) proportionate all the necessary assistance to the insured in the occurrence of an accident within its territory and whose risk is covered under the Andean Civil Responsibility Insurance
b) jointly respond, with the insurance company, to all obligations derived from the Andean Civil Responsibility Insurance Policy and its Annex, and originated by accidents which have
occurred within the territory of its country;
c) accord to the insured of its represented the same treatment it accords to its own
d) take the necessary and appropriate measures to protect the insurance company’s
e) communicate to the insurance company, as soon as possible, the occurrence of an accident, informing it on its circumstances and other known
f) make the payments relating to the reported accidents in name of the insurance company, taking into account the warranties that were accorded in the insurance contract and initiate the judicial and extra-judicial actions the person(s) responsible for such
Transitory Provision: The Insurance Policies which have been contracted by the authorized transport enterprises when this Decision enters into force, and which cover the same risks, insured sums and other terms which are established in the Andean Civil Responsibility Insurance Policy and its Annex, will remain in vigor until its expiration date. The Policies which do not cover
the same risks, insured sums and other terms, must necessarily adjust to such coverage.