English version - Euromed Aviation Info
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English version - Euromed Aviation Info
Tunisia Table of Contents 1. Introduction 4 1.1. 1.2. 1.3. 1.4. Background to the Project Context of the Diagnostic Study Objectives and Approach of the Module Structure of the Module 4 5 6 7 2. Economy and Trade 8 2.1. 2.2. 2.3. Demography and Social Development Economy Trade and Finance 8 9 10 2.3.1. 2.3.2. 2.3.3. 2.3.4. 2.3.5. 2.3.6. General Tunisia-European Union Partnership External Trade Flow Liberalisation and Regulation Policy in Force Bilateral and/or Regional Agreements Accession to the International Conventions and Organisations 10 11 13 14 15 15 3. Transport Infrastructure and Traffic Flow 16 3.1. Infrastructure 16 3.1.1. 3.1.2. 3.1.3. 3.1.4. Ports Airports Rail Network Road Network 16 17 18 18 3.2. Traffic 18 3.2.1. 3.2.2. 3.2.3. 3.2.4. Maritime Traffic Air traffic Rail Traffic Road Traffic 18 18 19 19 4. Legislative and Regulatory Framework 20 4.1. Transport Organisation 20 4.1.1. 4.1.2. The Ministry of Communication Technologies and Transport The Ministry of Equipment, Housing and Territory Planning 20 21 4.2. 4.3. Institutional Reforms in Progress Liberalisation and Privatisation Levels 21 21 4.3.1. 4.3.2. 4.3.3. Participation of the Private Sector Regulations Evolution Example of the Private Sector Participation in the Airport and Port Infrastructures: Legal Aspects 21 22 4.4. Environment 23 4.4.1. 4.4.2. 4.4.3. 4.4.4. Legislative Framework Environmental Impact Assessment (EIA) / Environmental Evolution Studies (EIS) Protected Areas Air Pollution 23 24 24 24 23 1 Module 11 2 EuroMed Transport Project Main Contract Diagnostic Study 4.4.5. 4.4.6. Noise The Environmental Protection in the Transport Sector 25 25 5. Cross-Border and Cross-Sector Issues 26 5.1. Customs 26 5.1.1. 5.1.2. 5.1.3. 5.1.4. Customs Directorate General Organisation Attributions of the Customs Directorate General International Customs Conventions Development of the Information Technology, the 'Liasse Unique' 26 26 27 28 5.2. 5.3. Intermodal Logistics 28 28 6. Maritime Sector and Ports 30 6.1. Ports 30 6.1.1. 6.1.2. 6.1.3. 6.1.4. 6.1.5. 6.1.6. Organisation Status of the Trade Maritime Ports Port Services Future Developments, Public-Private Partnership (PPP) The Development of NICT at the Ports Level Evolution Perspectives, International and National Orientations 30 30 30 30 32 33 6.2. Maritime Shipping 33 6.2.1. 6.2.2. 6.2.3. General Evolution of the Maritime Traffic by Geographical Areas Summary of the Main Shipping Lines Servicing Tunisia and the Main Ports of the Maghreb Area 33 34 6.3. Maritime Security 37 7. Air Transport and Airports 39 7.1. Civil Aviation 39 7.1.1. 7.1.2. 7.1.3. General Civil Aviation and Airports Office (OACA) Air Security Policy, GNSS Harmonisation with the EU 39 39 42 7.2. Airports 42 7.2.1. 7.2.2. 7.2.3. 7.2.4. 7.2.5. 7.2.6. International Airport of Tunis-Carthage (AITC) International Airport of Monastir Habib Bourguiba (AITC) International Airport of Djerba-Zarzis (AIDZ) International Airport of Tozeur-Nefta (AITN) International Airport of 7 November Tabarka (AI7NovT) Changes to come by 2020 43 43 43 43 43 43 7.3. Airlines 44 7.3.1. 7.3.2. 7.3.3. General Tunisair 'Open Sky' Policy 44 44 44 8. Land Transport 46 8.1. Railways 46 8.1.1. 8.1.2. 8.1.3. 8.1.4. 8.1.5. Rail Operators Institutional Framework Market Share Results Information National and Regional Developments and Expected Investments 46 46 46 47 47 34 Tunisia 8.1.6. 8.1.7. 8.1.8. 8.1.9. 8.1.10. The Main ‘Bottlenecks’ Affecting the Rail Transport Development The Security Norms for the Environmental Protection The Interoperability The Implementation of the International Conventions Related to the Railways International Links of the Tunisian Railway 48 48 48 48 48 8.2. Road Transport 49 8.2.1. 8.2.2. 8.2.3. 8.2.4. 8.2.5. 8.2.6. 8.2.7. Road Transport of Passengers Road Transport of Goods Urban Public Transport Roads and Highways General Information, Development of TIR Regional Policy, Conventions and Agreements Accession to the International Conventions 49 49 50 50 50 51 51 9. Abbreviations and Acronyms 52 10. References 54 10.1. Key Readings 10.2. Websites 54 56 3 Module 11 1. Introduction 1.1. Background to the Project Following 20 years of intensive bilateral trade and development cooperation between the European Union (EU) and countries in the southern Mediterranean (Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, the Palestinian Authority, Syria, Tunisia and Turkey), the Foreign Ministers of the then 15 EU Member States and these 12 Mediterranean countries met in Barcelona in November 1995 to mark the start of a new partnership relation covering bilateral and multilateral or regional cooperation, called the ‘Barcelona Process’ or, more generally, the Euro-Mediterranean Partnership. Amongst its objectives, this Partnership intends to create an area of shared prosperity and safety through the progressive establishment of a EuroMediterranean Free Trade Area between the EU and the Mediterranean Partners and among these countries themselves, accompanied by substantial EU financial support for economic transition in the Partner Countries and for the social and economic consequences of this reform process (economic and financial partnership). Together with the four EFTA (European Free Trade Area) Member States and the countries foreseen to join the EU in coming years, the Euro-Mediterranean Free Trade Area is set to include some 40 states and over 800 million consumers making it one of the world’s most important trade entities. It has to be noted here that since 2004, the Euro-Mediterranean partnership has gained additional momentum through the inclusion of the Mediterranean Partners in the European Neighbourhood Policy (ENP) through bilateral action plans. This will reinforce and build on the cooperation that has been developed over the last 10 years. A sustainable and efficient inter modal transport system is vital for the success of the EuroMediterranean Free Trade Area, as well as for an increased integration of the economies of the Mediterranean Partner Countries. This was recognised by the 1995 Barcelona Declaration which stresses ‘the importance of developing and improving infrastructures, through the 4 EuroMed Transport Project Main Contract Diagnostic Study establishment of an efficient transport system …’ and goes on to state that ‘efficient interoperable transport links between the EU and its Mediterranean Partners and among the Partners themselves, as well as free access to the market for services in international maritime transport, are essential to the development of trade patterns and the smooth operation of the EuroMediterranean Partnership’. The creation of such a transport system requires regional coordination within and among the different modes of transport (land, sea and air transport), for both passengers and freight, thereby ensuring that interoperability, multimodality and inter modality of the regional transport system as a whole is achieved, between the various MEDA countries on the one hand, and between these countries and the EU on the other hand. This can only be accomplished by taking into consideration all essential transport policy elements and objectives, by tackling all aspects of transport including the simplification of procedures, harmonisation of rules in terms of environment policy, customs procedures, etc. and by physically integrating transport infrastructure networks. Since the 1995 Barcelona Conference, a broad consensus has developed on the issue of transport-sector reform, which should form an integral part of economic adjustment at the national level as well as being the focus of intergovernmental cooperation at the regional level. These main objectives were confirmed in the so-called Lisbon Declaration in January 1997 which led to the creation of the Euro-Med Transport Forum. To support the objective of achieving sustainable and integrated multimodal transport networks at the regional level, and to promote cooperation with the countries of the southern Mediterranean, the European Commission approved within the framework of the MEDA Programme, in November 2001, the EuroMediterranean Regional Transport Project (the ‘EuroMed Transport Project’). The overall objectives of this project are to: • Contribute to overall economic and social development of the Mediterranean Partners (MEDA countries) through increased and more sustainable transport flows, increased trade competitiveness and more balanced exchanges. Tunisia • • Improve the quality, safety and efficiency of both the goods and passenger transport systems in the region, and improving the functioning of the transport sector as a whole. Support the development of integrated multimodal transport networks and infrastructure, leading to improved transport flows, better connections and reductions in bottlenecks. More specifically, the project aims to contribute to the development of the Euro-Mediterranean Free Trade Area and to promote economic integration among the Mediterranean partners, through providing assistance to these countries in the following: • Improving the functioning and the efficiency of the Mediterranean transport system by giving support to institutional and market reforms, promoting the harmonisation of operational norms and regulations and encouraging the coordination of transport policies. • Developing and modernising the regional transport infrastructure network and ensuring its interconnection to the TransEuropean Networks, by facilitating the mobilisation of resources for investment in commonly agreed priority infrastructure schemes. The EuroMed Transport Project is implemented through two parallel contracts namely: • The Main Contract. • The Infrastructure Network Contract. The Main Contract (started at the beginning of 2003) – under which this present Diagnostic Study Module is produced – strives to accomplish the objectives mentioned above, through assisting MEDA countries with the preparation and implementation (at the regional level) of commonly agreed policy and institutional measures for improving the quality of the transport services provided and increasing the efficiency of the transport system in the region. The Contract for regional infrastructure network activities (Infrastructure Network Contract started in July 2003) aims at: • Recommending measures for addressing the problems and bottlenecks of the transport • • sector in the MEDA region, in terms of both institutional set-ups and physical infrastructure, while taking into consideration security, safety and environmental aspects. Creating an operational concept for the Mediterranean transport infrastructure network through the elaboration of a strategy for its sound development. Improving the capacity of administrations to prepare and implement infrastructure projects and manage infrastructure facilities. Each of the above contracts is managed by a separate consortium and a different project team. Nevertheless, and throughout the life of the EuroMed Transport Project, close liaison and extensive coordination will be maintained between the two contracts due to the strong interface and interaction that exist between them. 1.2. Context of the Diagnostic Study The Main Contract is a key component of the EuroMed Transport Project. Under this Contract, six main outputs will be produced: • Diagnostic Study: This includes an assessment of the existing situation of the various transport sub-sectors in the MEDA region with a primary focus on the institutional, policy and regulatory dimensions; an analysis of the main problems and bottlenecks, and corresponding recommendations for improving the overall efficiency and quality of transport systems and services. • Regional Transport Action Plan (RTAP): This is based on the results of the Diagnostic Study and includes the preparation of a complete and consistent list of priority measures and projects (tackling not only institutional, policy and regulatory dimensions, but the infrastructure dimensions as well) aimed at improving the safety, efficiency, cost-effectiveness and environmental-friendliness of the MEDA transport system. It also includes defining the policy, technical, and financial frameworks that are necessary for implementation. The RTAP will be defined in close coordination with the Infrastructure Contract. 5 EuroMed Transport Project Main Contract Diagnostic Study Module 11 • • • • Studies: This includes undertaking various additional studies and surveys on transport themes (to support the RTAP) at regional, sub-regional and national levels which require further investigation. Policy dialogue: This includes establishing an ongoing and effective dialogue process among the Euro-Mediterranean Partners on transport policy measures and related themes. Training: This includes organising a series of training programmes and seminars for transport decision-makers and senior officials in central governments, transport authorities and the relevant private sector groups in MEDA countries. Information and dissemination: This includes maintaining adequate communication links between all project participants and beneficiaries and ensuring the wide availability and visibility of project results. The Diagnostic Study (Output 1) is divided into two parts as explained below. Part I of the Diagnostic Study is entitled Regional Issues. It includes an analysis, from a regional perspective, of the key transport subsectors and themes across the different MEDA countries. It is composed of ten modules as follows: • Module 1: General Overview of the Diagnostic Study. • Module 2: MEDA Economy, Trade and Transportation. • Module 3: (Sub) Regional Integration Towards a Liberalised Transport Market. • Module 4: Cross-Border and Cross-Sector Transport Issues. • Module 5: Maritime Shipping and Ports. • Module 6: Aviation Policy and Airport Reform. • Module 7: South-South and Hinterland Relations. • Module 8: Operational Concept for the Mediterranean Transport Infrastructure Network. It must be noted that this module has been provided by the Infrastructure Contract. • Module 9: From Diagnostic to Action Plan. • Module 10: Resources for Policy Makers. Part II of the Diagnostic Study is entitled Country Issues. It discusses the status and 6 describes the characteristics of the transport system (by key theme and sub-sector) in each individual MEDA country. It is composed of twelve modules as follows: • Module 1: Algeria. • Module 2: Cyprus. • Module 3: Egypt. • Module 4: Israel. • Module 5: Jordan. • Module 6: Lebanon. • Module 7: Malta. • Module 8: Morocco. • Module 9: The Palestinian Authority. • Module 10: Syria. • Module 11: Tunisia. • Module 12: Turkey. It should be noted here that the both Parts of the Diagnostic Study are complementary to each other. In specific, the regional analyses and comparisons that are made under Part I are based upon, synthesised from, and backed-up by the country-specific information that is provided under Part II. 1.3. Objectives and Approach of the Module This present document falls within the umbrella of Part II of the Diagnostic Study (Country Issues). It is referenced as ’Module 11: Tunisia’. The main objectives of this module are twofold: • First, to present the main characteristics and patterns of the transport system in Tunisia, by key theme and sub-sector (i.e. the policy, institutional, regulatory, physical and other important aspects of maritime, air, road and rail transport). • Second, to identify the key problems and bottlenecks constraining the development of the transport system in Tunisia, also by theme and sub-sector. In order to realise the above objectives, the following logical step-by-step approach was adopted: • First, the main data and information related to the transport system in Tunisia was collected and compiled, by theme and subsector. The information was gathered from recognised international sources, recent regional statistics, interviews with the various involved stakeholders, and from other reliable sources. Attention was given to providing comprehensive coverage of all Tunisia • • involved players and of all relevant themes and topics. Second, a thorough analysis of the collected data was performed to allow an understanding and appreciation of the policies, regulations, institutional set-ups, private sector participation, operations, logistics, transport agreements, etc. associated with each transport sub-sector in Tunisia. Third, based on the results of the analysis, a realistic profile of the transport system in Tunisia was derived. This included an exact identification of the corresponding strengths, weaknesses, opportunities and threats, as well as a precise pinpointing of the problems and bottlenecks preventing the sound development of the transport system in Tunisia. It is essential to note here that the preparation of the Diagnostic Study started in 2003, and as such made use of the data that was available at the time, related mainly to the years 2001 and 2002. The sources of the information that were used are quite vast and wide including the national transport administrations, regional EUMEDA cooperation projects (e.g. Eurostat, RegMed), regional organisations (e.g. ESCWA, UMA), international references (e.g. World Bank, IMO, ICAO), reputable publications and studies, etc. In this context, it has to be stressed that the data contained in the Diagnostic Study served merely for illustrative purposes, and that its use was confined to identifying general trends, highlighting global problems and conclusions, and identifying general solutions and directions. The region is experiencing rapid developments, and although changes are bound to have occurred in the last two years, the 2001/2002 statistics included in this Diagnostic Study are still quite useful to support the analysis of problems identified in this Study, and the fact that 2003/2004 data is not provided is not significant, as this does not affect the general conclusions reached or the overall directions that are established. It must also be noted that since the Diagnostic Study has been compiled prior to the latest EU enlargement (May 2004), then all available quantitative data related to the European Union refers to the EU-15, and Cyprus and Malta (now members of EU–25) are included in the MEDA-12 region and not in the EU. Finally, it must be noted that sometimes when converting from USD values to euro values, some inconsistencies on a minor scale could have occurred across the various tables included in this Diagnostic Study. 1.4. Structure of the Module Besides this Introductory Chapter, this Module is set out in nine further chapters as follows: • Chapter 2: Economy and trade - this includes a description of the main economic and trade structures of Tunisia. • Chapter 3: Transport infrastructure and traffic flows - this includes a description of the infrastructure that is available in Tunisia for the different transport sub-sectors, together with a presentation of the main corresponding traffic flows, for both goods and passengers. • Chapter 4: Legal and regulatory framework - this defines the main legislation and regulations associated with the different transport sub-sectors in Tunisia. It places special emphasis on transport organisation, ongoing and planned institutional reforms, liberalisation and privatisation levels, environmental legislation framework, etc. • Chapter 5: Cross-border and cross-sector transport issues – describes customs procedures, border crossing practices and the status of multimodality/inter modality and logistics in Tunisia, and presents the main issues and key findings related to these. • Chapter 6: Maritime transport and ports this includes a presentation of the main issues and key findings with respect to maritime shipping and seaports in Tunisia. • Chapter 7: Air transport and airports - this includes a presentation of the main issues and key findings with respect to civil aviation and airports in Tunisia. • Chapter 8: Land transport - this includes a presentation of the main issues and key findings with respect to road and rail transport in Tunisia. • Chapter 9: Abbreviations and Acronyms; this presents the abbreviations and technical definitions used throughout the report. • Chapter 10: References; presents a listing of all documents and websites that were used in the preparation of the report. 7 EuroMed Transport Project Main Contract Diagnostic Study Module 11 2. Economy and Trade Tunisia is by far the smallest Maghreb Country with an area of 163 610 square kilometres (around 1 200 kilometres in length and 280 kilometres in width on average). Tunisia is bordered by Algeria to the west, Libya to the south east, and the Mediterranean sea to the east and north. It is only 140 kilometres away from Sicily and 200 kilometres from Sardinia. Due to its geographic location, Tunisia has always been an important centre for transit and trade in the Mediterranean Area. 2.1. Demography and Social Development The key social and economic indicators are summarised in the following table: Table 1: Demographic and Social Development Indicators 1999 Population, total (million) Population growth (annual %) National poverty rate (population %) Life expectancy (years) Fertility rate (births per woman) Infant mortality rate (per '000' live births) Under 5 mortality rate (per '000' children) Birth attended by skilled health staff (% of total) Child malnutrition (% of children under 5) Child immunisation, measles (% under 12 months) Literacy total (% of age 15 and above) Literacy female (% of age 15 and above) Primary education completion rate, total (% age group) Primary education completion rate, female (% age group) Net primary education enrolment (% relevant age group) Net secondary education enrolment (% relevant age group) 9.5 1.3 6.2 (1995) 72.5 2.1 24.2. N/A N/A N/A 84.0 69.7 59.1 N/A N/A 94.8 67.6 2002 9.8 1.1 4.2 (2000) 73 2.1 22.1 26.0 N/A N/A 94.0 73.2 63.1 98.4 98.4 N/A N/A 2003 9.9 1.2 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A: Not Available Source: World Bank, World Development Indicators, 2004 The demographic evolution represents a challenge and an opportunity at the same time. The fall in birth rate occurred swiftly (the average number of children per woman was 1.79 in 2004, i.e. below the generations renewal line of 2.1). The distribution by age will be modified in the future, representing therefore an opportunity and a challenge. The average population growth per annum is equal to 2.1% (2003). With 9.8 million inhabitants, Tunisia is considered as a medium country in the Mediterranean region. With regard to the social sectors in Tunisia, a considerable progress is to be noted. Tunisia’s legislation is evolving in a progressive manner. Furthermore, the setting-up of efficient and viable social systems is on the agenda. Tunisia has substantially succeeded in reducing poverty by specifically decreasing the percentage of people living below the poverty line from 40% in 1960 to 7.4% in 1990. 8 In Tunisia, a special care is given to improve the living conditions of its citizens. The main challenge of the fundamental education resides in the fact that all children starting an academic cycle have to complete their education in a satisfactory manner with a minimum quality level. As for the challenge of the higher education, it lies in its future role to be played in a society and in an economy swiftly changing to face the following problems: • • • • Weak internal efficiency. A management limiting the responsibilities of schools, and not encouraging the openness to the external world and to the private initiative. Depreciation of education (inadequate recruitment and promotion criteria, lack of training). An almost exclusively public financing incapable of facing the expansion of its workforce. The female working population Tunisia constitutes around 24% of the whole working population in Tunisia. The Tunisian public health system ensures free or grant-maintained health treatment to around 50% of the population, while only 7.4 % live below the poverty line. Nevertheless, the health services remain insufficiently financed, the available resources are not efficiently used, and 2.2. the quality of services falls short of the population’s expectations. The organisation of the health sector and the mechanisms of the health insurance are fragmented and not financially viable. The Tunisian social welfare system covers around 80% of the working population, and is comparable to that of several high-income countries. This system, however, must be more efficient and must fit the new economic givens. Economy Table 2: Economic indicators GNI, Atlas method (current USD billion) GNI per capita, Atlas method (current USD) GDP (current USD billion) GDP growth (annual %) GDP implicit price deflator (annual % growth) Value added in agriculture (% of GDP) Value added in industry (% of GDP) Value added in services (% of GDP) Exports of goods and services (% of GDP) Imports of goods and services (% of GDP) Gross capital formation (% of GDP) Current revenue, excluding grants (% of GDP) Overall budget balance, including grants (% of GDP) 1999 19.7 2 080.0 20.8 6.1 3.1 13.0 28.2 58.8 42.6 44.8 26.3 29.0 -2.3 2002 19.5 1 990.0 21.0 1.7 2.3 10.3 29.3 60.4 44.8 49.1 25.2 N/A N/A 2003 22.2 2 240.0 24.3 5.5 -0.8 12.9 29.6 57.5 46.2 50.3 24.9 N/A N/A N/A: Not Available Source: World Bank, World Development Indicators, 2004 Tunisia is a ‘low-income country’. During the past five years, Tunisia’s economy has been the most dynamic in the region (+5%) despite an average unemployment rate of 14.3% per annum (2003). A gradual liberalisation and a careful management have enabled it to benefit from its integration into the world economy. The dynamic of exports has contributed to the increase in the growth rate from 4.5% in 2000 to 5% in 2001. However, the tourism sector which plays a major role in Tunisia’s economy has been deeply affected by the consequences of September 11 attacks with a decrease of 2 points to GNP. In fact, the sector of tourism plays a major role in the economy of the country with 5 million visitors (mostly German and French as well as Algerian and Libyan tourists), and a turnover of around EURO 1.6 billion. In Tunisia, the dynamism of the investment (+7.5% in 2001 following more than 11% in 2000) and the private consumption have largely contributed to the increase in the growth rate. With a growth rate of 1.9% based on constant prices for the year 2002, and despite the decrease in the growth rate in comparison with the previous years, Tunisia’s economy has succeeded in overcoming the economic difficulties occurring worldwide. The income per capita reached USD 2 129 in 2001, thus enabling Tunisia to exceed the average of USD 1 500 per capita income and per annum in the region. The 1990-2000 economic growth rates of 4.6% is above the average witnessed in the 80’s (3.5%) and largely above the performance of middle- income countries. Tunisia has proved to have a good macroeconomic management control while maintaining a sustained growth rate of around 5% during the past five years along with a controlled inflation rate. Tunisia has also showed a great capacity in absorbing external shocks by adopting macroeconomic adjustment combinations, and by resorting to external financing while maintaining a controllable level of external debt. The 9 EuroMed Transport Project Main Contract Diagnostic Study Module 11 majority of emerging market analysts are optimistic, and place Tunisia in a safe position with regard to country risk. This will facilitate its access to the international financial market on account of favourable rates in comparison with other emerging countries. In 2002, the main indicators showed stability in the macroeconomic framework. The inflation rate (2.9%) is barely above that of 1999 (2.7%). The external debt and the budgetary deficit remain stable in comparison with 1999. The slight slowdown in the growth rate (5% against 6.2%) is due to the agricultural sector recession (-1%) as a result of the drought that had affected the largest part of the country. Tunisia was gradually implementing the dismantling of tariff barriers, the tax revenues increased. The annual average growth rate in terms of revenues reached 9.5% and the tax pressure increased from 20 to 21% to GDP. The decrease in the customs returns was overcompensated by adopting different measures related to the internal taxation and particularly to the VAT, the income of which witnessed a significant increase thanks to the expansion of imports and the sustained level of the global economic activity. In the same way, the current expenditures and investments were controlled and their level progressively reduced in relation to GDP. The global budgetary deficit was reduced from 5.9% to GDP in 1991 to 2.9% in 2000. The control of this deficit was achieved by combining several actions regarding revenues and expenditure. From 1996 to 2000, and while 2.3. Trade and Finance 2.3.1. General Table 3 shows the main trade and financial indicators for Tunisia. Table 3: Trade and financial indicators for Tunisia Trade in goods as a share of GDP (%) Trade in goods as a share of goods GDP (%) High-technology exports (% of manufactured exports) Net barter terms of trade (1995=100) Foreign direct investment, net inflows in reporting countries (current USD million) Present value of debt (current USD billion) Total debt service (% of exports of goods and services) Short-term debt outstanding (current USD million) Aid per capita (current USD) 1999 69.0 167.3 2.7 100.0 2002 77.7 196.2 3.8 N/A 2003 349.8 794.8 N/A N/A 15.9 1 500.0 26.7 12.5 13.5 597.5 48.6 N/A N/A N/A N/A N/A N/A N/A N/A N/A: Not Available Source: World Bank, World Development Indicators, 2004 The World Bank has put Tunisia in the list of the ‘moderately indebted’ countries, which means that the value of debt servicing exceeds 60% to GNP or that the value of the debt servicing in terms of exports exceeds 60% without reaching critical levels. The main macro-economic and structural constraints noted by the external analysts are the following: the high level of the public debt, the weakness of the banking sector, the existence of an important share of the State in the economy (around 50% of investments and 40% of GDP), and the increased need of enhancing the budget balance. A larger liberalisation of the sector of services is needed as well as a vast access to the 10 foreign investments. The lack of internal competition is still affecting the business environment and discouraging private initiative, preventing the efficient firms from growing. The current deficit, which stabilised around 3-4% during the past years, is tenable but presents a limited leeway. A larger access to foreign markets will require more reserves than the average of the past five years. The external demand conditions for Tunisian products and the prospects of growth rely mainly on the evolution of the market shares in Europe, and the European Union juncture (moderate growth prospects). Tunisia The restructuring of the Tunisian economy will benefit from the movement of human resources made possible towards the growth sectors. If Tunisia has favoured the restructuring and vocational training as an instrument for the flexibility of the labour market, the legislative framework in force will remain constraining to the firms, and may handicap their ability to adapt to a more competitive context, taking into consideration that the flexibility costs of the labour force will remain high. At present, the unemployment rate is still high, despite the existence of a good economic growth. The arrival of 80 000 new job seekers annually will require in future an annual growth rate of 5.7% in order to stabilise unemployment. Moreover, important specific changes that indicate the structuring of employment demand will be witnessed: such as the continuous strong presence of women in the labour market, the increase in the number of persons holding higher education degrees, and the large number of youth that is annually entering the labour market. With regard to trade, Tunisia remains the Mediterranean country that is most integrated into the European economy. The EuroMed agreement establishing an Association between the European community and its member States on one hand, and the Tunisian republic on the other hand, should strengthen further more its ties with the EU. Since 1996 i.e. the date of the progressive introduction of the dismantling of Tunisian unilateral tariff barriers, the share of the EU imports remained stable, around 71 %. On the other hand, 80% of Tunisian exports are heading towards the European community. Nowadays, 40% of the European industrial products imported to Tunisia are exempted from customs duties, whereas the remaining percentage already benefits from special rates varying between 23% and 48%. As of 1 January 2000, the progressive dismantling of tariff barriers has also affected the products considered as ‘noticeable’, for they are essential in daily life, and constitute a source for numerous jobs in the country,. The balance of trade remains in deficit (3 693.3 million TND in 2003, the deficit of the balance of trade with Europe reached 2 387.8 million TND) constituting therefore a drop in relation with the previous 2 years (the manufacturing industries have a total of 84% of the Tunisian exports, taking into consideration that the textile industry solely represents 46% of the exported goods). The low progress in domestic and foreign private investments reflects, among other things, a lack of efficiency in the mechanisms put in place to date for investments promotion. The impact of the Association Agreement has not generated yet higher flows of significant foreign investments apart from the traditional investments of relocation. The absence of a southMediterranean large market is one of the reasons leading to this situation. The year 2000 witnessed an increase in the foreign direct investments. These investments, however, remain insufficient to compensate the long-term probable effects of the agreement. The figure of 800 million Euros of foreign direct investments in 2000 (i.e. exceeding the double of the 1999 figure) is still largely insufficient, taking into consideration that one third of the foreign direct investments results from the privatisation of the cement works, and another one third represents investments related to the concessions of oil and gas prospection. Only EURO 250 million (approx. 1% of GDP) were invested by foreign promoters outside the energy sector and privatisation processes. Tunisia’s domestic market is relatively limited hindering therefore the growth of foreign investments as long as the south-Mediterranean market is not expanded. In this regard, Tunisia is doing its utmost to sign free trade agreements with other Maghreb and Mashrek countries. 2.3.2. Tunisia-European Union Partnership In 1995, Tunisia was the first Mediterranean country to sign an Association agreement with the European Union and implement it as of 1996. On 1 March 1998, the Association agreement that has been ratified and approved on 26 January 1998 came into effect. (Resolution of the Council and the Community of 26 January 1998- 98/238/CE, CECA-JOCE: L 07 of 30 March 1998). The agreement with the EU has the following main objectives: • Secure an appropriate framework for the political dialogue between both parties in order to enhance the relations in all fields relevant to such a dialogue. 11 EuroMed Transport Project Main Contract Diagnostic Study Module 11 • • • • Define the gradual liberalisation conditions in terms of goods, services, and capital exchange. Develop the trade exchange, and boost the economic and social relations between partners through dialogue and cooperation notably in order to contribute to the development and prosperity of Tunisia and its people. Encourage the North African integration by fostering the trade exchange and the cooperation between Tunisia and the region’s countries. Promote the cooperation in the economic, social, cultural and financial sectors. This choice, described by the Tunisians as strategic, dates back to 1992 when Tunisia decided to become progressively integrated into the world economy. Nowadays, and after more than 6 years of implementing this agreement that is expected to be completely finalised by 2010, the Tunisian officials claim that they have honoured their commitments too early, and dismantled rigorously the tariff barriers, setting up a global reforms programme. Despite these remarks, the Tunisians consider that it is too early to assess this partnership agreement that is, every day, consolidating more and more the excellent bonds between the EU and Tunisia through well-balanced relations built on mutual partnership and co-development. They admit, however, that their country benefited the most from the European support in terms of inhabitants and structural dimensions. According to Tahar Sioud, former Minister of Trade and Ambassador of Tunisia to the EU, Tunisia represents less than 10% of the Mediterranean countries population, benefits from more than 10% of the European financial aid. The Europeans also underline that the programmes have supported the structural reforms in Tunisia, allowing therefore the harmonisation of regulations. Tunisia hopes that the EU will encourage more and more its firms to invest in the south of the Mediterranean region. The government, however, acknowledges that the Tunisian people must deploy an additional effort in order to mitigate expectations from the European aid. 12 Table 4: Distribution of the European firms set up in Tunisia on 30 June 2002 Country France Italy Germany Belgium Netherlands Spain United Kingdom EU Total Number 925 535 266 212 62 41 58 2 099 Created jobs 68 938 37 776 34 489 22 789 8 713 2 452 6 845 182 002 Source: EuroMed Transport Project (Main Contract) This agreement will lead Tunisia towards a more enlarged regional integration. The act of signing this Association agreement has led to a complete reorientation of the financial cooperation in order to install a free trade area by 2010. Thus, the Article 6 of the agreement stipulates the progressive establishment of that free trade area within a maximum transitional period of 12 years, as of the date of the agreement’s enforcement, in conformity with the rules of the WTO. The cooperation in the transport sector aims at: • • • • Restructuring and upgrading road, rail, port, and air infrastructures of common interest in relation with the main trans-European communication axis. Defining and implementing the operation standards comparable to those prevailing in the Community. Upgrading the technical equipment according to these standards mostly in terms of the multimodal transport, containerisation, and transhipment. Progressively improving the conditions of road forwarding and the management of airports, air traffic and railways. The purpose of the EuroMed programme is to develop cooperation between the MEDA countries. This programme is based on the 1995 Barcelona Declaration and that of Lisbon in 1997 noting the following: ‘efficient transport relations between the Mediterranean countries themselves, along with a free access to the services market mainly in the maritime transport sector, constitute the main elements for the consolidation of the trade relations, and lead to the creation of a euro-Mediterranean partnership’. This will is clearly expressed in the provisions of the Title III of the EU/Tunisia Association agreement that states the following: Tunisia ‘The parties shall agree to liberalise the provision of services according to GATS and within five years from the date at which the above agreement comes into effect’. Concluding, the Association agreements constitute an adequate tool to strengthen the liberalisation of Tunisia’s economy and boost its integration into regional and world economy. Undoubtedly, this step comprises new opportunities through the increase of trade exchanges and the enlargement of the related markets. Major challenges are to be noted however, due to the exacerbation of competition and thus requesting additional efforts in order to enhance the competitiveness of the economy. 2.3.3. External Trade Flow 1 The main trade partners of Tunisia are France, Italy, and Germany, which respectively represent 31.3%, 21.6%, and 11.5% in terms of exports, and 25.6%, 19.5%, and 10.8% in terms of imports. Table 5 presents the trade exchange structure of Tunisia for the year 2002 1 Source: CEPEX external commerce. www.cepex.nat.tn DREE statistics, May 2003 13 EuroMed Transport Project Main Contract Diagnostic Study Module 11 Table 5: Trade exchange structure for Tunisia per country in 2002 Exports Main clients Imports (TND millions) France Italy Germany Spain Libya Belgium United Kingdom Netherlands 3 023.2 2 079.1 1 109.7 460.9 447.2 414.2 241.6 Switzerland Algeria Iraq India Turkey United States Morocco Iran Brazil Egypt Portugal Sweden Sub-total Other countries Total 123.6 212.4 120.2 114.8 79.6 76 66.1 50.4 45.7 35.4 29 26.1 8 965.7 873.9 9 839.6 (%) 210.5 Source: EuroMed Transport Project (Main Contract) 2.3.4. Main Suppliers 31.3 France 21.6 Italy 11.5 Germany 4.8 Spain 4.6 United States 4.3 Belgium 2.5 Libya 2.2 United Kingdom 1.3 Russia 1.3 Netherlands 1.2 Japan 1.2 Ukraine 0.8 Sweden 0.8 Tunisia 0.7 China 0.5 Argentina 0.5 Switzerland 0.4 Canada 0.3 Algeria 0.3 Brazil Sub-total Other countries Total Liberalisation and Regulation Policy in Force Tunisia, a Euro-Mediterranean partner, has reached an advanced level in terms of creation of the free trade zone with the European Union. Since 1996, Tunisia has launched an anticipated tariff barriers dismantling before the enforcement of the Association agreement in March 1998. Tunisia implements the discriminatory system regarding some importers (discrimination related to the access to commercials). Tunisia has concluded bilateral free trade agreements with Morocco, Jordan, and Egypt. The dismantling of tariff barriers has paved the way for the speeding up of trade integration into the European market: 80% of the Tunisian exports go to the EU, while 71% of the Tunisian imports are from the EU. The complete liberalisation was not on the agenda, but mutual concessions were granted for each product particularly in the framework of the Agadir Process. Tunisia takes a special interest in olive oil and wine fields. New mutual 14 (TND millions) (%) 2 456.9 2 632.4 1 205.5 669 247.2 419.6 408.1 25.6 19.5 8.9 5 3.2 3.2 3 319.5 2.4 263.8 244.8 225.9 211.8 211.3 209.4 198 188 187.6 128.1 128 166.1 10 721 1 668.3 12 389.3 2 1.8 1.7 1.6 1.6 1.6 1.5 1.4 1.4 0.9 0.9 0.8 concessions for the trade of agricultural produce were concluded as of 1 January 2001. The EU has increased the preferential quota of olive oil coming from Tunisia, and has obtained a progressive elimination of Customs duties on some products coming from the European Community (wheat, vegetable oil). The agricultural system was integrated into the Association agreement. At first, the parties will continue to respect their commitments towards the WTO/GATS in the trade and services sector. The parties then will endeavour to attain the objective of a larger liberalisation in these domains. The European Union and Tunisia guarantee the free circulation of capital for all the direct instruments agreed upon in Tunisia, as well as the settlement and repatriation of these investments and the outcome profits. Tunisia The Agreement provides for a harmonisation of the rules of competition between Tunisia and the European Community after 5 years, and the adjustment of the state monopolies. The Association agreement strengthens the existing economic cooperation and extends its field of operations. During the second meeting of the Association committee, Tunisia pointed out several priority sectors for this cooperation: industry, training, scientific field, technical, and transport sector. The Association agreement makes provision for the opening of a social dialogue between the parties concerning different themes (living and working conditions, immigration and mutual agreement) as well as cooperation actions (immigration, women’s rights, social security coverage, youth, etc.). A specialised group in the social affairs was assigned to deal with these issues, whereas a first constructive debate was launched on 27 April 2001. The Association agreement aims at facilitating the reforms for economic modernisation. It also deals with the economic infrastructure harmonisation, private investments promotion, job creation, the consequences of the free trade zone on the Tunisian economy and the social policies results. Tunisia was one of the main beneficiaries from the MEDA programme with a 14% of total invested funds, while it only represents 5 % of the population of the MEDA beneficiary countries. The Association’s council will hold at least one meeting a year at the ministerial level. An association committee was instituted in order to ensure the implementation of the agreement. 2.3.5. Bilateral and/or Regional Agreements The sub-regional trade with North African and South-Mediterranean countries is very limited (respectively 1% and 5% of the total). The main reasons of this weakness resides in the lack of harmonisation of the regulatory framework of countries, insufficient exploitation of the economies complementarities, the implementation of regulations and rules of different origins according to countries or subgroup of countries, as well as in the embryonic stage that still characterises the sub-regional free trade agreements. The whole regional and /or bilateral agreements are listed by themes under the respective headings (air, maritime and land). Coordination among the Maghreb countries is ensured within the GTMO with the CETMO in Barcelona. 2.3.6. Accession to the International Conventions and Organisations In addition to its integration into the world market, Tunisia has adhered and /or is member of the following conventions or organisations: Table 6: List of the international conventions and international trade organisations to which Tunisia has adhered: ICC (International Chamber of Commerce) WCO (World Customs Organisation) WTO (World Trade organisation) member since 03/1995 IMF (International Monetary Fund) African Development Bank IBRD (International Bank for Reconstruction and Development) Source: EuroMed Transport Project (Main Contract) Table 7: List of bilateral trade agreements signed by Tunisia Association agreement with the EU (signed on 17/ 07/1995 and came into effect on 01/03/1998) Bilateral agreement with Egypt (signed in 1998 and implemented in 1999) Bilateral agreement with Jordan (signed in 1998 and implemented in 1999) Bilateral agreement with Morocco (signed in 1999 and implemented in 1999) Negotiations in progress with the Palestinian Authority Preferential agreement with Algeria, Lebanon, and Syria. Source: EuroMed Transport Project (Main Contract) Table 8: List of multilateral trade agreements signed by Tunisia GAFTA (Greater Arab Free Trade Area) includes 19 countries, 10 of which are from the Mediterranean region: Egypt, Jordan, Lebanon, Morocco, Syria, the Palestinian Authority and Tunisia (signed in 02/1999 and came into effect on 01/01/1998). It aims at reducing by 10% a year the Customs rights on the industrial products and agricultural produce. AMU (Arab Maghreb Union) includes 5 countries of the Mediterranean region: Algeria, Morocco, Tunisia, Libya and Mauritania (signed in 02/1989). It aims at creating a free trade zone between these countries. Agadir Process includes the following Mediterranean countries: Egypt, Jordan, Morocco and Tunisia. Algeria is in the process of adhering. (Signature and accession in 05/2001). It aims at speeding up the regional integration process in order to establish a free trade zone. Source: EuroMed Transport Project (Main Contract) 15 EuroMed Transport Project Main Contract Diagnostic Study Module 11 3. Transport Infrastructure and Traffic Flow 3.1. Infrastructure 3.1.1. Ports - • The main Tunisian ports are: Bizerte-Menzel Bourguiba, Tunis-Goulette-Radès, Sousse, SfaxSidi Youssef, La Skhira, Gabès, Zarzis. • The port of Bizerte-Menzel Bourguiba, located north of the country, mainly deals with oil traffic. - Quays: 10 posts per quay; shallow draught ranging from 8 to 11 meters; total shelf space of the quay: 1 390 metres. - Superstructure: 14 warehouses of a total surface area of 8 680 square metres; platforms: 2.2 ha. • Photo 1: Draw Bridge allowing ship entry into and exit from Bizerte Port • • Source: EuroMed Transport Project (Main Contract) • • 16 The port of Tunis deals with conventional small ships - Quays: 7 posts per quay. Shallow draught ranging from 5.50 metres to 6.20 metres; total shelf space of the quay: 1 045 metres. - Superstructure: spaces covered with a total surface area of 12 000 square metres; platforms: 4.8 ha The port of Rades deals in practice with the whole Ro-Ro and containerised traffic of Tunisia as well as with a part of the cargo in bulk traffic (cereals, hydrocarbons). - Quays: 11 posts per quay; shallow draught ranging from 8.40 metres to 10.60 metres; total shelf space of the quay: 2 020 metres. • Superstructure: 5 warehouses with a total surface area of 30 000 square metres (out of which 1 200 square metres are isothermal + 4ºC); platforms: 18.5 ha. The port of la Goulette deals with conventional ships, car-ferries and cruise ships since the opening of Port of Rades to the International trade. - Quays: 7 posts per quays; shallow draught: 9.00 metres; total shelf space of the quay: 1 090 metres. - Superstructure: 11 warehouses with a total surface area of 48 200 square metres; platforms: 12.5 ha. The port of Sousse is a port dealing with various goods - Quays: 10 posts per quay; shallow draught ranging from 9 to 10.50 metres, total shelf space of the quay: 980 metres. - Superstructure: 5 warehouses with a total surface area of 13 000 square metres; platforms: 14.7 ha. The port of Sfax-Sidi Youssef is a polyvalent port - Quays: 13 posts per quay; shallow draught 10.50 metres; total shelf space of the quay: 2 590 metres. - Superstructure: 9 warehouses with a total surface area of 23 500 square metres; platforms: 24 ha. The port of Gabes is specialised in processing chemicals - Quays: 10 posts per quay, shallow draught ranging from 10.50 to 12.50 metres; total shelf space of the quay 1 830 metres. - Superstructure: a warehouse with a total surface area of 4 000 square metres; platforms: 15 ha. The port of Zarzis provides at present the export of crude oil from the Ezzaouia oil field, which is connected with the port by a pipeline stretching for 7 kilometres. The activity of this port is attached to the takeoff and development of the region’s free zone projects - Quays: 4 posts per quay, shallow draught ranging from 10 metres to 12 metres; total shelf space of the quay: 950 metres. Tunisia - Superstructure a warehouse with a total surface area of 5 000 square metres; platforms: 32 ha. The port infrastructures aim at investing in some ports (Rades, Bizerte…) in order to make specialised installations and improve the port flexibility (computerisation, upgrading of Customs procedures…) 3.1.2. Airports • • • • • Djerba-Zarzis. Sfax-Thyna. Tozeur-Nefta. Tabarka November 7. Gafsa-Ksar. The two most important airports in terms of activities and traffic are the first two. The first has a respective capacity of 4.5 million passengers a year against 3.5 million passengers for the second. There are 7 airports in Tunisia: • Tunis-Carthage. • Monastir-H. Bourguiba. Photo 2: Airport System in Tunisia Source: EuroMed Transport Project (Main Contract) 17 EuroMed Transport Project Main Contract Diagnostic Study Module 11 The airport infrastructures aim currently at increasing the capacity of the airports of Tunis and Djerba. 3.1.3. Rail Network The rail network, which has a length of 2 311 kilometres (National Society of Tunisian Railways (SNCFT): 2 256.5 kilometres +SMLT: 54.6 kilometres) is basically constituted of a single-track line and a metric gauge except for Tunis – Ghardimaou route and its stations (including the access to Bizerte and Tunis-La Marsa link) that have a normal gauge (1 435 mm). The maritime ports of Rades, Sousse, Sfax, and Bizerte have a rail link with the SNCFT network. 3.1.4. Table 10: Containers traffic forecasts (2002 2006) Road Network Tunisia comprises about 19 000 kilometres of roads, (out of which more than 12 000 kilometres are surfaced) and approx. 150 kilometres are freeways2. TEU (‘000’) Tonnage (millions / tonnes) 2002 achieved 2003 2004 2005 2006 Annual Growth rate 281.5 327 364 409 436 9.2% 1.86 2.04 2.27 2.57 2.83 8.7% Source: EuroMed Transport Project (Main Contract) 3.2.2. Air traffic The following tables and diagrams summarise the main information regarding the air traffic flows. Table 11: Freight and passengers traffic by air (Tunisair) (Millions) Traffic Passengers (International scheduled flights) Passengers (International non-scheduled flights)) Passengers (national flights) Total passengers Total freight (‘000’ tonnes) Regarding the road infrastructures, the primary targets are the installation of the bypasses of Jendouba, Kairouan, Gabes, and Zaghouan, and the improvement of the urban and interurban interfaces in order to avoid bottlenecks, and fill the deficiencies of the road network in the south of the country. 1998 1999 2000 2001 2002 3.3 3.4 3.4 3 .3 3.1 4.6 5.3 5.7 5.8 4.4 0.9 1.0 0.6 0.6 0.6 8.8 9.7 9.7 9.7 8.1 26.5 23.4 21.7 28.6 27.6 3.2. Traffic Source: EuroMed Transport Project (Main Contract) OACA 3.2.1. Maritime Traffic Figure 1: Aircrafts movement for the whole trade traffic The two following tables summarise the main information regarding the maritime traffic flows: Table 9: Maritime traffic forecasts (2002- 2006) Millions 2002 of 2003 2004 2005 2006 achieved tonnes Imports 15.4 15.3 14.6 15.0 15.6 85000 0.3% 10.9 9.9 10.2 10.5 10.7 0.4% Coasting 0.9 1.2 1.2 1.2 1.2 6.2% 27.2 26.4 26 26.7 27.5 0.22% Total 90000 Growth rate Exports Source EuroMed Transport Project (Main Contract) 95000 80000 75000 1998 2000 2002 Source: OACA The traffic forecasts allow expecting the following traffic in 2010 (by thousands of operations)3: • Tunis: from 50 to 60 (depending on the scenario adopted). 2 18 CIA figure, 2000 3 Source: GETMO, INFRAMED project, final report, 1997 Tunisia • Monastir: from 30 to 40. • Djerba: from 20 to 30. The traffic forecasts allow expecting the following traffic in 2010 (by thousands of operations)4: • Tunis: from 50 to 60 (depending on the scenario adopted). • Monastir: from 30 to 40. • Djerba: from 20 to 30. 3.2.3. Rail Traffic The main statistics in terms of rail traffic are as follows: Table 12: Tunisian rail traffic (SNCFT) Annual traffic (2003) Passengers Freight passengers passengersTonne Tonnes-km (millions) km (millions) (millions) (millions) 35.7255 1 243 11 605 2 174 Sources: INS Besides, the SMLT (2003) has transported 122.7 millions of passengers. The global demand on the goods transport by land reached 16 805 millions of tonneskilometres in 2000, while the share of the rail transport reached 2 320 millions of tonneskilometres i.e. 13.8%. It is likely that the rail sector in the medium term will be specialised in commercially profitable activities such as phosphate transport and goods in bulk (i.e. fertilizers, cereals and cement) as well as the passengers transport by the main roads. Servicing Tunisia’s suburbs must as well be an ongoing activity under development. 3.2.4. Road Traffic In 2000, the goods traffic transport by road reached 14 485 millions of tonnes-kilometres i.e. 86.2% of the whole goods transport. 4 Source: GETMO, INFRAMED project, final report, 1997 30.9 millions among these passengers travel on suburban lines. 5 19 Module 11 4. Legislative and Regulatory Framework 4.1. Transport Organisation Transport organisation depends on two ministries: • The Ministry of Communication Technologies and Transport (Ministry of Transport since November 2004). • The Ministry of Equipment, Housing, and Territory Planning. 4.1.1. The Ministry of Communication Technologies and Transport The organisation and attributions of the Tunisian Ministry of Transport were modified in 2002 by being attached to a large ministry: the Ministry of Communication Technology and Transport (MTCT). In the Transport field, the Central management of MTCT is divided into 4 main Directorates General and Departments: • Directorate General of Civil Aviation. • Directorate General of Shipping. • Directorate General of Land Transport. • Directorate General of Planning and Design. The Directorates General’s mission covers the design, the determination of future course of the general policy, sector planning in coordination with the setting up of national plans and the leading mission in the security and regulation field. They supervise the sector offices in charge of the management and the operational monitoring of the investors. The objective of the MTCT is to allocate to the private sector the trading activities that are still undertaken for the time being by: • Shipping and ports office. • Civil aviation and airports office. • Technical agency of land transport. As for the decentralised system, the abovementioned services are secured in the 12 regions, ensuring that the tasks of the centralised administration are all carried out especially with regard to the implementation of the land transport regulations. 20 EuroMed Transport Project Main Contract Diagnostic Study The Ministry of Transport employs 1 200 people working in its central services. Its capital budget (central services and offices) constitutes from 10 to 12% of the global budget, and is not included in the budget allocated to roads. Directorate General of Civil Aviation Its missions are to implement the general policy in the related field, elaborate draft laws and ensure their enforcement, supervise the air transport and airports, and prepare the International negotiations related to this subsector. Directorate General of Shipping Its missions are to implement the general policy in the related field, elaborate draft laws and ensure their enforcement, supervise the maritime transport and ports, and prepare the International negotiations related to this subsector. Directorate General of Planning and Design Its missions are to elaborate strategic studies and prepare plans related to sectors. An Inter modal approach does not exist but there are urban development plans per mode. The priorities of the 10th Plan are the following: • Enhance the inter modality and set up of the logistic platforms. • Distribute the tasks between the public sector and the private sector within the framework of the State policy aiming at limiting its role in setting up strategies, supervising and monitoring the transport field. • Improve the services sector by encouraging the private investments and modes coordination. • Upgrade the infrastructures to attract investors in the concession framework concerning the urban and interurban rail transport, port, maritime and air transport. • Enhance the human resources through qualification programmes. • Develop the regulatory framework to meet the organisation and liberalisation needs of the sector. • Promote employment. Tunisia Directorate General of Land Transport It has a direct supervision on the urban and interurban road transport of passengers and goods, as well as on the railway company. It defines the management rules and the profession practice conditions. 4.1.2. The Ministry of Equipment, Housing and Territory Planning The Ministry is responsible for equipping all the multimodal transport infrastructures. Regarding the equipment, the Ministry has the overall responsibility of the infrastructures: roads, ports and airports (except for the rail transport that is the responsibility of the MTCT). Its mission is to design and implement the infrastructures of sectors in coordination with the MTCT that controls the related projects. Once accomplished, the plans of infrastructure are submitted to the MTCT for their management. In certain cases, the offices may themselves carry out the small-scale infrastructure works. Currently, the large maritime and air infrastructure projects have been completed: only the project related to the new airport in central Tunisia (Enfida) is to be implemented in the future within a BOT framework. The Ministry of Equipment has the overall responsibility for the roads and highways. It ensures the road planning and the five-year modernisation, renewal and construction of roads and highways programmes. Finally, the Ministry may be responsible for the construction of structures, civil buildings, hospitals, and building projects at the request of other ministries and cities. The Ministry employs 6 000 people to carry out all its missions, mainly in terms of public work contracting. 4.2. Institutional Reforms in Progress The 10th Plan (2002-2006) is characterised by the following orientations: • Enhance the inter modality and the settingup of the logistic platforms. • Distribute the tasks between the public sector and the private sector within the framework of the State policy aiming at limiting its role in setting up strategies, • • • • • supervising and monitoring the transport field. Improve the services sector by encouraging the private investments and the modes coordination. Upgrade the infrastructures to attract investors within the concession framework concerning the urban and interurban rail, port, maritime and air transport. Enhance the human resources through qualification programmes. Develop the regulatory framework to meet the organisation and liberalisation needs of the sector. Promote employment. The MTCT contracts programmes with public entities, integrating performances criteria to motivate these enterprises. 4.3. Liberalisation and Privatisation Levels Tunisia is strongly willing to apply the liberalisation and privatisation systems of the transport sector. Its will to integrate the world economy has led Tunisia to have ambitious aims with regard to the improvement of the quality of rendered services (objectives highlighted in the 11th Plan) and to the disengagement of the state in managing the operations in favour of the private sector by means of opening the public utilities’ capital and through concessions. One of the 10th Plan’s objectives is to increase the participation percentage of the private sector from 26% to 59% in the implementation of the transport investments (this percentage includes the amount of the transport equipment and materials held by the private operators.) Tunisia wishes to attract private foreign capitals mainly in order to create job opportunities. 4.3.1. Participation of the Private Sector The key points to be underlined are the following: • The role of the private investors is still limited, although their participation is highly wanted by the Tunisian officials in the maritime and air fields, where heavy incentives are provided to attract them (new law concerning the concessions). Concessions are signed or are being signed in terms of the annexed services in the maritime and air 21 EuroMed Transport Project Main Contract Diagnostic Study Module 11 • • • • 22 sectors. Concessions projects are in progress concerning the construction and operation of infrastructures or their expansion. The above-mentioned projects are prepared, signed and monitored by the offices, which have to progressively disengage from trade activities meant for the private sector, taking into consideration that the internal freight road transport are totally liberalised. A deep reform is in progress concerning the legislative and regulatory framework of all modes, seeking to speed up the liberalisation of each mode and the openness to the private sector. Until now, the liberalisation of the transport sector is relatively limited and unequal according to the modes. In Tunisia, the concept of liberalisation is marked by a distinction between the situation of the sector purely described as commercial and the other sectors based on the public service dimension such as the passenger transport sector. As for the second sector, the Ministry of Transport considers that the transport sector providing public services must be carefully privatised. This is the case of the passenger urban and interurban transport, where the knowledge is limited and progressive. Thus, the Tunisian officials support a public sector with subsidies if necessary. Finally, and as in the case of Morocco, the liberalisation process takes into consideration the status of the national companies that are in fact facing an international competition on the market. Besides, the public utilities are still in monopoly position. The professional qualification of the central services’ staff is high and the resort to the technology tools is widely used. The will of Tunisia to enhance the regional cooperation with the European Union is highly expressed. Tunisia also aims at playing a major role on the international political scene. In this regard, Tunisia seeks to be a pioneer in terms of moving closer to the European procedures and norms mainly in the air transport field, allowing the development of the tourism sector by using the advanced technologies in favour of the international road transport. Besides, it has an avant-garde role in seeking further cooperation. • Tunisia considers that it is 'emerging' with Jordan in the Middle East region and wishes to 'minimise' its small size through an accelerated modernisation. Its interest in the EuroMed Transport Project is very high. It considers however, that this project must be balanced: Tunisia expects from Europe to increase its investments in order to create jobs, which is a national concern. 4.3.2. Regulations Evolution The Regulations constitute a dynamic domain. All texts are revised in order to get them closer to the community Acquis. Laws are being revised: • In the rail field. • In the air transport field (new air code, June 1999 law). • In the maritime transport field (new maritime code, law 99/25 of 18 March 1999) concerning mainly the measures to be taken in order to upgrade the port infrastructure, mainly through BOT, and security measures. • In the land transport field (profession rules and calls for competition through tendering documents). Moreover, the Prime Minister has elaborated a general law regarding the concessions (law No. 95-33). The European Union follows the modernisation programme of the Tunisian port sector with a financial contribution of EURO 20 million. The openness of the ports to the private management will encourage the signature of 'joint-ventures' with foreign partners, enabling therefore Tunisian companies to improve the quality of their services, to control the costs, and to assimilate the new technologies. The main objective of this project is to provide the support to the implementation of the government’s action plan in the port sector. This plan determines when the related actions must be effective. Its adoption has constituted a prerequisite for the launching of the second phase of the World Bank aid programme in the transport sector. The expected result (among others) is to reach the management of the liberalisation of the ports’ services as well as to help in implementing the investment programme of the Maritime Transport and Ports Office. This plan includes Tunisia dead lines for the implementation of scheduled actions and its adoption was considered a prerequisite to the launching of the second phase of the World Bank aid programme in the transport sector. Furthermore, Tunisia has started a large privatisation programme related to the port and airport activities. In fact, law No. 99-58 of 9 June 1999 already comprises an article (Art. 93) allowing the operation of airports through concession conventions according to the terms of reference whose clauses are set by decree. In addition, the article No 91 of this law stipulates that 'the creation, planning, maintenance and expansion of airports open to the public air traffic may be achieved by natural or moral persons'. The European Union has participated through different programmes in improving the economic situation of the private sector. A consultancy centre for small and medium-sized industries, Euro-Tunisia Enterprise was established while funds managed by IEB were granted. Besides, the European Commission has granted EURO 45 million for the implementation of vocational training programme (Manform). Tunisia still does not recognise totally the status of the forwarding agents. It is the 1995 law No. 83-85 that governs the maritime transport, but it is the 1945 Customs code that controls the transport service providers’ activity as private entities, etc. 4.3.3. Example of the Private Sector Participation in the Airport and Port Infrastructures: Legal Aspects Several factors contribute to the participation of the private sector in the infrastructures, for instance for airport or port infrastructures: on one hand, it is the will of the State to restructure the organisation of the activities provided by these infrastructures, a will fed by a certain recognition of the added value that may result from a totally or partially private management of these infrastructures. Nevertheless, the port and airport infrastructures privatisation, like other privatisation processes, may raise some difficulties inherent to the complexity of shifting from the public management mode to the private management mode in terms of infrastructures. Moreover, there is also probably the fact that the services, provided within the port or airport framework, are most of the time based on a sophisticated infrastructure that has to provide the end users an equal and service. Furthermore, the port and airport infrastructures have a significant socioeconomic impact. For all these reasons, and as there are different participation forms of the private sector in the projects of infrastructures, the selection of the suitable technique of participation, its technical, financial, and legal modes constitute the key elements of a successful public-private partnership (PPP). 4.4. Environment 4.4.1. Legislative Framework Several legislative texts deal with the environment field and cover different aspects such as the quality of water, soil deterioration, water retention and soil conservation, forests, the quality of air, and the waste water treatment, etc. Tunisia has ratified the International conventions environmental protection. majority of related to the the Tunisia has also signed two bilateral agreements, one with Italy regarding the delimitation and protection of the continental shelf, and another with Libya concerning the continental shelf as well. Furthermore, Tunisia has signed International agreements related to the fight against the marine pollution and particularly the damages due to hydrocarbons. The latest agreement signed was the 1992 Protocol aiming at creating an International indemnity fund for the damages caused by the pollution due to hydrocarbons (law No. 96-98 of 18 November 1996). Tunisia participates through the Office of the Merchant Marine and Ports (OMMP) in the regional plan concerning the fight against the marine pollution, and is a member of the Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (Rempec). 23 EuroMed Transport Project Main Contract Diagnostic Study Module 11 Five institutions are particularly in charge of the environmental protection policy under the aegis of the Ministry of Transport and Territory Planning: • ANPE (National Environment Protection Agency) created in 1988 and is responsible for monitoring the administrative procedures relevant to the authorisations delivered by the ministry. • ONAS (National Office of Sanitation), created in 1993. • APAL (National Agency for Coastal Protection), created in 1995 for the protection of the coastal environment. • CITET (Tunis International Centre for Environment Technologies), created in 1996. • ANAER (National Renewable Energies Agency) reorganised in May 2000. The Ministry in charge of the environment comprises several departments such as departments of the quality of air, of forests, of water, and of soil. There is also a National Commission for the sustainable development presided by the Prime Minister in person, and holds a meeting once or twice per year. The Ministry in charge of the environment is responsible for the technical examination of the Commission’s decisions. It annually publishes a report concerning the environmental state. A compilation of all laws related to the environment is also published every two years. A recent study by the World Bank showed that thanks to the great care given by Tunisia to the environmental issues, the degradation of these issues constitutes only 2.1% of its GNP, against an average of 4.5% for the other countries. 4.4.2. Environmental Impact Assessment (EIA) / Environmental Evolution Studies (EIS) The EIAs of the biggest projects have been a must since 1992, but this obligation has only been imposed on factories. The obligation has jointly incited the pollution fund to subsidise from 40%-60% of the process to introduce the ecological technologies in the factories. This initiative, however, does not include the transport system. Few EIAs were carried out in the past for 24 transportation especially for airports. 4.4.3. Protected Areas The sites considered as belonging to the cultural heritage as well as the ecologically sensitive areas are identified by the law. The development of the transport projects takes into consideration these protected areas. 4.4.4. Air Pollution An important environmental problem facing the transport sector of Tunis is air pollution. A recent effort has been expended in order to optimise the transport sector and reduce the cars emission of carbon dioxide. For this reason, the ANPE has prepared a national plan in order to optimise the transport sector, and reduce the carbon dioxide discharge levels. In the same way, a freight centre in Tunis has conducted a study aiming at optimising the traffic of goods. On 22 January 2003, Tunisia ratified the Tokyo Protocol. In fact, it gave its first paper on gas emission and is in the process of preparing its second report. In this respect, a set of measures aiming to reduce the carbon dioxide emission from vehicles has been proposed. Its key points are the following: • Increase the use of the public transportation in Tunis. The development of the metro and of a suburban rail network is recommended. • Encourage the use of the public transportation in the other major cities. • Improve the condition of vehicles and encourage the use of cars running on natural gas. • Mobilise more funds concerning the environment. • Choose the renewable energy sources. • The law must describe the environment issue as an integral part of the quality of life. The main problem of air pollution resides in finding a way of reducing the percentage of sulphide in petrol. The National Commission of Sustainable Development (NCSD) has prepared a strategy in this regard. In fact, the objective is to reduce the annual consumption of petrol and promote the use of natural gas. The use of gas is encouraged, and many incentives exist to encourage this use by the public transportation and taxis. Tunisia The law makes provision for an annual audit and inspection of vehicles concurrently. If the carbon dioxide emission of a vehicle is high, the vehicle then will not be allowed to be used. While the unleaded petrol is used for some cars, a special law limits the carbon dioxide emissions for the new cars. The ANPE and the CITET agency, in cooperation with the Ministry of Health, measure the quality of air. These agencies measure, among other things, the carbon dioxide emission at the national level. The concentrations of the ambient air are measured by five control stations (4 of which are fixed and one mobile). These stations measure the main polluting agents’ levels: carbon dioxide, nitrogen monoxide, and the sulphide dioxide. A project that is about to be set up must coordinate the monthly report on the concentration of polluting agents. The limits determined by the World Health Organisation (WHO), however, are regularly exceeded during the rush hours in Tunis. 4.4.5. Noise The law determines limits of noise as well as limits of maximum emissions for cars. These limits are imposed by a ministerial meeting in which the Ministry of Transport and other concerned ministries participate. Except for airports, there is no control of noise and not a single study aiming to protect the public from the noise caused by the road traffic or the railway. 4.4.6. The Environmental Protection in the Transport Sector Since 1963, Tunisia has been a member of the Marpol Convention on the maritime environment protection. Tunisia, as well as all other Maghreb countries, has participated in the Barcelona Convention for the maritime environmental protection and for the protection of coastal regions of the Mediterranean Sea. A strategy with a EUR 50 million budget was elaborated in order to control the maritime traffic. This budget is necessary to buy a posting radar. Such a programme concerns also the needs of Morocco and Algeria, and is supported by the EU. The general strategy of the transport environment protection requires: • A transport optimisation taking into consideration the environmental costs. • A redistribution of funds towards clean and renewable energy sources. • Measures concerning the maritime traffic intended to prevent accidents in the maritime traffic sector. • Favouring the air transport regarding the environmental costs. With regard to the transportation of materials that are hazardous to the environment, a national centre was created in the Dofer region. There are also three transfer centres to be installed. In fact, supplementary centres are necessary to cover the entire country but their installation cost is high. The law imposes the marking out of materials considered to be hazardous to the environment. As for the environment, the development of the automobile industry, tourism and traffic, concentrated along the coast, along with the quick growth of the Tunisian Urban population, put a heavy pressure on the real estate and hydraulic resources of the country, contributing therefore to the increase in the atmospheric pollution in the coastal cities. Water is a major priority given the limited resources of Tunisia. The water sector has always been the main issue to be tackled in the governmental programme of development. Its strategic importance is strongly felt in the agricultural sector where 85% of the hydraulic resources are consumed. The 'Prestige' accident and the sailing of ships transporting freight at 200 miles away from the coasts of the EU preoccupy Tunisia. In fact, more than 80% of the maritime freight passes near the Tunisian border, making it vulnerable in terms of accidents. 25 EuroMed Transport Project Main Contract Diagnostic Study Module 11 5. Cross-Border and CrossSector Issues 5.1. Customs 5.1.1. Customs Directorate General Organisation According to the decree No 91-556 dated 23 April 1991, concerning the organisation of the Ministry of Finance, the customs directorate general is under the authority of the Ministry of Finance. The customs directorate general organisation has witnessed a fundamental restructuring further to the decree No 94-1845 dated 6 September 1994, dealing with the customs directorate general organisation. The external customs services have undergone an organisational and geographic extension that was notably characterised by the creation of customs bureaux in the internal regions of the country in each governorate. The reorganisation has focused on: • The creation of a national School of customs, a customs Council and the general customs control. • The organisation of the customs central administration comprises, besides the common services and the control services, the technical services and the specialised bureaux. • The reorganisation of the external services of customs on the basis of the division of the customs area into 5 geographical regions. Each region is supervised by a regional department. • The creation of the customs guard as a national structure of surveillance and customs control. The authorities of this customs guard expand throughout the area. • The creation of regional bureaux in all the governorates, and the delimitation of the territorial authority of each bureau that from now on spread throughout the area of the relevant governorate. By adopting this reorganisation, the Customs Service aimed at attaining the following objectives: 26 • • • Bring the administration closer to the user at large and to the economic operator in particular. Make the customs a department under the service of the national economy. Upgrade the procedures and the means of the Customs Service, taking into consideration the deep changes of the international trade. The external services of customs are constituted by the regional departments of the customs: each department covers a customs territorial region comprising many governorates. The customs bureaux that are located at: • Borders: Set up on the land and sea border points, as well as in the international airports open to crossings and international trade. • Regional level: Set up in the country towns of the governorates, their territorial authority covers the area of the relevant governorate. • Internal level: Set up inside the customs area. The customs bureaux are created by a decree issued by the Minister of Finance, and at the suggestion of the general director of customs who determines their headquarters and territorial attributions. They are classified in three categories: • The central bureaux that are run by head clerks having the rank and remit of assistant managers of a central administration. • The divisional bureaux that are run by head clerks having the rank and remit of department heads of a centralised administration. • The subsidiary bureaux that are run by head clerks benefiting from administrative charges allowance set by a decree. 5.1.2. Attributions of the Customs Directorate General The customs directorate general is in charge of notably: • Ensuring that laws and regulations in terms of customs are respected and enforcing them throughout the customs area as it is mentioned in the article 1 of the Code of customs. • Collaborating with the competent authorities on monitoring and maintaining the security of the national borders. Tunisia • • • • • • • • • • • • • • • Elaborating draft laws in relation to customs, and ensuring the execution of the rules and regulations in this domain. Controlling the accuracy of the elements that constitute the basis of collection of duties and taxes in terms of imports and exports. Ensuring the collection of customs duties as well as fees and taxes collected in terms of imports, and elaborate the forecasts of the budgetary receipts. Ensuring the implementation of regulations of external trade and exchanges. Representing the Ministry of Finance before the international customs authorities (WCO, WTO, UN, and EU). Participating with the relevant departments in the trade negotiations dealing with tariffs. Collaborating with the National Institute of Statistics on elaborating customs statistics. Conducting surveys related to customs and exchange. Implementing the measures related to the observation and suppression of the infringement of laws and regulations that the customs department is entrusted to enforce. Starting legal proceedings before the competent courts against those who breached the customs regulations, as well as concluding relevant transactions in accordance with the provisions of the title XIII of the Code of Customs. Taking legal action before the competent courts against those who breached the exchange regulations, and, if need be, concluding relevant transactions. Defining, programming, and planning the equipment and software programmes necessary for the development of the activities of customs departments. Ensuring, in collaboration with the relevant departments, the preparation and setting-up of the customs computing plan, exploiting the installed equipment and the developed applications, and ensuring their security and servicing. Programming and ensuring the training and retraining of customs agents from all ranks. Running the administrative and financial affairs regarding the customs directorate general by means of the authority delegated by the Minister of Finance. 5.1.3. International Customs Conventions In order to discharge its numerous duties, the customs department uses national legislative and regulatory provisions as well as provisions stemming from international conventions that are directly related to the international transport. The customs international conventions or the conventions that include provisions in terms of customs are mainly stemming from: • The work of the World Customs Organisation (WCO) comprising more than 160 countries and in charge of the harmonisation of systems and procedures of customs, of the development of relations between the customs departments of the Member Countries, and of the facilitation of the international trade. • The work of the World Trade Organisation (WTO), which aims at eliminating the tariff and non-tariff barriers. • The work and decisions of the other international institutions such as the UN, Cnuced, etc. • Bilateral or regional conventions between Tunisia and other countries. Bilateral conventions There are fifty customs bilateral conventions or conventions related to customs concluded by Tunisia. They are divided as follows: • 13 trade and tariff conventions. • 7 mutual conventions of administrative aid on the prevention, research and repression of the customs breaches. • 18 conventions in terms of goods and passengers transport (air, maritime, and land transport). • Around 20 conventions in terms of technical cooperation and juxtaposed customs bureaux, etc. Multilateral conventions Tunisia ratified around 75 multilateral customs conventions mainly stemming from the following international institutions and organisations: • World Customs Organisation. • World Trade Organisation. • United Nations Organisation. • Arab League. • Arab Maghreb Union. 27 EuroMed Transport Project Main Contract Diagnostic Study Module 11 • Agreement on the establishment of an Arab free-trade area. 5.1.4. Development of the Information Technology, the 'Liasse Unique' Within the framework of its Association Agreement with the EU, Tunisia committed itself to reorganise the customs department, while new regulations were set up in 1995. Simultaneously, a customs national school (END) was opened with the collaboration of the EU along with the installation of 13 scanners in 8 border bureaux. Furthermore, the customs directorate general has taken several steps in order to improve the customs system: • October 2000: Upgrading of SINDA system (confer below) that allows the management and the monitoring of the temporary admission, the simplification of the computerised declaration of the constituent elements of the value, the setting-up of a database regarding the customs value, the computerisation and the monitoring relative to the demands of the collection or export authorisation, the e-connection between customs and tax offices, the adoption of the targeting principle and the creation of a virtual one- stop service of the external trade. • August 2001: modification of the article 26 of the customs Code by including the value definition of the WTO. • September 2001: elimination of the administrative authorisations prior to the exploitation of public bonded warehouses. • October 2001: Creation of a website for the customs department: www.douane.gov.tn Tunisia has set up through Tunisia Tradenet Company (TTN) an electronic system aiming to treat the external trade operations known as ‘liasse unique’. Its objective is to facilitate the external trade exchange through the simplification of procedures, the data and e-form exchange and to enable the economic operators to be more competitive and as well to bring them closer to their European partners by reducing the time limit of the goods customs clearance as well as the optimisation of the port investments. 28 Figure 2: Diagram of exchanges through Tradenet (Sinda) Customs Importer exporter Customs agent Central bank eexchange data base Server Maritime/ aerial agents Ministry of trade Packer Port authority Source: EuroMed Transport Project (Main Contract) 5.2. Intermodal The SNCFT uses 7 terminals equipped to ensure both the wagon-truck transhipment and the inter modality. These platforms, which would in the future serve the multi-modal transport and ensure from start-to-finish transport, are located in Tunis, Nabeul, Kalaa, Sfax, Ghannouch, Kasserine, and Gafsa. 5.3. Logistics The transport network is in a very good condition: 23 000 kilometres of good standard roads, in general and 2 152 kilometres of rail ways (it is the longest network in the area covering countries under study). The quality of service provided by the airports of Tunis, Monastir, Djerba-Zarzis, Tozeur, Sfax, and Tabarka is completely satisfactory. Currently, the Tunis-Goulette-Rades port ensures the main traffic operations. It is to be noted that there are two port’s free areas in Bizerte located north of Tunis and in Zarzis near the Libyan border that could become poles of logistic development despite their modest activity at the moment. A new terminal relative to containers is about to be operational in Rades: it shall be the basis of future development of the port. Moreover, it is essential to study a strategic plan to ensure the servicing of Tunis and its suburbs. Taking into Tunisia consideration the overload of the road network, it is undoubtedly desirable to foresee 'out ports' that represent a solution allowing the clearing of the trailers’ roads. The quality of the Tunisian railways ensures this type of solution in the near future and without expensive costs. As for the modern communication technologies, the Ministry of Transport has a very positive initiative: a strategic urban development plan of transport computing. Its following objectives are very pertinent: • The definition of objectives and general guidance for the development of information and communication systems, and the use of the information technologies related to the policy aiming at upgrading the system. • The definition of objectives and guidance essential to the setting-up of a decisionmaking information system in the Ministry. • The study related to the coherence and rationalisation of the different information systems, and the creation of dynamics concerning their development. • The marking out of the fundamental guidance in terms of the organisation of the computing systems, norms and standards of development of the hardware and software policy, and the policy of introduction of new technologies. • The optimisation and rationalisation of human resources, hardware and software means and networks, etc. Thus, the aforementioned development plan comprises different strategic orientations that are practical and mainly include the setting-up of a national transport observatory, the elaboration of an intranet/extranet integrated system, the identification of the possible and potential fields in terms of the use of the multi-modal transport, and an incentive for the usage of technical and industrial computing in order to ensure an efficient, secured and good quality management for all transport modes. This concept is very interesting and may form a basis for a common seminar to all MEDA countries mainly in order to set up a Mediterranean transport observatory. 29 EuroMed Transport Project Main Contract Diagnostic Study Module 11 6. Maritime Sector and Ports 6.1. Ports 6.1.1. Organisation The office of the merchant navy and ports, which is the port and maritime authority, is in charge of operating and developing the Tunisian trade ports, as well as the attributions of the maritime management since the promulgation of the law No 98-109 of 28 December 1998. 6.1.2. Status of the Trade Maritime Ports The new Code of the trade maritime ports, a legal instrument related to the management of the port facilities, has been promulgated by the law No 99-25 of 18 March 1999. This code replaced the general regulations in force as of 1896. Based on this fact, the upgrading of the legislative text seems more needed than ever. The above-mentioned Code stipulates several new issues particularly the obvious interest shown in preserving the security of ports. This code defines also the rules relative to the use of the port public domain by inserting the concession regime of public domain and temporary occupation, with or without the obligation of the public service for a period of 30 years that can be prolonged to 50. This formula allows the dealers to grant titles concerning the achievements and port infrastructures and superstructures, and live up to the expectations of the investors and operators in this field. This legislation reflects an opening up of the political spectrum and a PPP. The code makes provision for an analogue formula regarding the port equipment entrusted to the care of the dealer. This new legislation has also restructured the employment system of the dockers’ labour force. The dock work is still under monopoly in the main Tunisian port and carried out by Tunisian Port Office (STAM). With regard to regulations, the enforced laws are the following: • Law No 95-32 of 14 April 1995 modified in 1998 and related to the forwarding agents. • Law No 98-21 of 11 March 1998 related to the international multimodal transport of goods. • Order of 9 March 1999 concerning the approval of the maximum tariffs related to the allowances of the forwarding agents. 30 • The new Code of trade maritime ports has determined the general rules in order to ensure security, protection and preservation of the trade maritime ports as well as the conditions of their operation. Ports are managed by the OMMP in cooperation with: • Ports National Council established in 1999 (JORT 74 of 14 September 1999). • Committee of the port community established in 1999 (JORT of 27 August 1999). • Committee of the port security established in 1999 (JORT of 27 August 1999). The above-mentioned organisations have as a main objective the consolidation of links between the entire management and the users. The UAPNA (Port Management Association of Northern Africa), to which the Tunisian ports are affiliated, has focused on strengthening the international cooperation in terms of: • The technical cooperation, financing of projects, the bilateral cooperation, and the resort to local experts when it is possible. • The cooperation strengthened within the Arab League. • The cooperation with the specialised African institutions. • The setting-up of a legislative framework relative to this cooperation. The UAPNA has participated as such in the World ports conference organised by IAPH (International association of ports and harbours) in Durban in May 2003, and in the African ports meeting in Douala in December 2003. 6.1.3. Port Services The port services are carried out by 7 private companies and one national company, STAM, which is restructured and is going to be privatised. 6.1.4. Future Developments, Public-Private Partnership (PPP) The ports reform is integrated in the 10th plan, and the privatisation of the port activities has led to the setting-up of the terms of reference in order to attract the private operators by offering the possibilities through BOT, even though the Tunisia law of 14 April 1995 (No 95-33) aiming at opening the market to the private sector is yet to come into force. The Ministry hopes, by adopting this policy, to improve the productivity and the efficiency of the port operations by enhancing the regulatory and control duties of the maritime authority. This aims to guarantee the transparency of costs and neutralise the abuse by improving the existing system of simple and set prices. The year 2002 was dedicated to the improvement of the texts related to the law No 98-21 of 28 December 1998 completing the code of the trade maritime ports. Thus, a draft decree was elaborated in terms of determining the conditions and modes of the concession granting in the field of the trade maritime ports. In this regard, the publication of the decree No 3064 of 25 November 2002 concerning the promulgation of the concession contract and terms of reference relative to the use and exploitation of a port state- owned terrain of the port of Zarzis in favour of a private operator constitutes a reference for the future PPP projects. Thus, 2002 was devoted to the preparation and negotiations with the operators of the concession projects regarding the port of Rades, the port of Gabes, the port terminal of Zarzis and the port of Skhira, and to the renegotiation of the contract of STAM as well as the different projects with grain companies, cement manufacturers and chemicals firms. Furthermore, the documents related to the following concessions are under preparation: • Concession of a terminal with containers and trailers at the port of Rades under the BOT projects, submitted to the World Bank for financing. • Concession of a terminal for cruising ships in the port of la Goulette under the BOT formula. the agreement of a concession regarding the exploitation of some interior ports platforms in favour of the dock work dealers after their integration into the professional organisations at the level of each port. Regarding the continuation of the restructuring and the social rehabilitation according to the code of the trade maritime ports, and the recommendations of the ministerial council on 10 February 2000, a decreasing in the number of dockers is expected by 2005. The key reforms that started up during 2002 dealt mainly with the port of Tunis-GouletteRadès as it is the main port of the containerised and rail traffic forwarding. They focused on the organisation of the operation procedures, the increase in the storing capacity of the port, the reinforcement of the dock work equipment, and the simplification of the 'liasse transport' and the integrated system of the data transmission between the port investors. The Ministry wishes also to create a logistics activities zone (ZAL) in order to promote the multimodal transport. In this regard, the development of the Rades port has constituted the subject of a tender document to make a concession concerning the Ro-Ro activities and containers. Moreover, the Ministry wishes to update the trade activities in order to consolidate the partnership relations with the foreign parties and to promote exports. This interest is related to the role played by the port of Tunis-Goulette-Rades in the stimulation of the national economy. In fact, it is considered as a key port for the maritime forwarding activities as it provides 16% of the port traffic at the national level. A series of projects related to the port of Rades are on the agenda, among which two new terminals are to be built, one for the containers and another for the cereals. The terms of reference and specifications have been elaborated with an advisory mission for the launching of projects related to the carrying out of the above-mentioned two terminals, which would be operational in 2007. In order to promote the private initiative and integrate the competitive aspect within the port services allowance, the OMMP began to withdraw from the trade activities. As for the consignment of cargoes, its transfer will be carried out through 31 Module 11 Photo 3: Growing container traffic at Rades port Source: EuroMed Transport Project (Main Contract) Regarding the other activities of the OMMP, the following chapters are on their agenda: • The quality chapter included in the national programme related to the upgrading of the international standards ISO 9001. • The IT chapter with the introduction of the NICT. • The security chapter. • The environment chapter through the participation and the representation of the OMMP in the activities of the commission in charge of elaborating a regional plan against the maritime pollution with Algeria, Morocco and the Mediterranean Marine Pollution Emergency Response Centre (Rempec). • Under the safety of ports chapter, Tunisia has implemented the first section of the technical cooperation project with the IMO in the maritime safety field; the IMO has carried out an assessment mission between 4 and 5 August 2002. Tunisia has also adopted the last promulgations of the SOLAS convention. Similarly, the Government committed itself to a policy partially carried out in terms of the privatisation of the public utilities such as Socotu, Navitour, STAM, and CTN. The perspectives of the 10th Plan foresee the increase in the private sector’s share totalling 61% against 27% in the 9th Plan. 6.1.5. The Development of NICT6 at the Ports Level The OMMP has at first edited a report on the 6 32 New information and communication technologies EuroMed Transport Project Main Contract Diagnostic Study EDI (electronic data interchange). Then, and within the framework of a large-scale procedure, the participation of the Ministry of Transport in the setting-up of the 'liasse transport' programme has been elaborated in order to ensure more collaboration between all the investors in the goods transport operations and a more efficient and rapid information transmission as well. The goods port customs clearance will be more rapid with the SINDA system; the resort to the numeration in terms of classification will be essential to treat the folders via a one-stop service. The SINDA/Tradenet system, which is inspired from the French system SOFI, may be extended to cover other countries in the region in as much as it has already been tested for the exchange of manifests with the European ports of Barcelona and Genoa. Another project 'Interreg-II' is under application with Genoa. In terms of the harmonisation of the port procedures within the North African countries and during its last meeting held in Casablanca from 16 to 18 September 2003, the UAPNA has exchanged information concerning the enforced procedures related to the information technology in the region’s ports. Tunisia that had set up for example, the SINDA system (confer above) has been mentioned. The OMMP has taken measures to facilitate the port procedures since 1998 by setting up the ISPS code related to the security of ships and port facilities, which would be brought into force in 2004. The OMMP has highlighted the importance of the security as a main factor to reinforce the partnership relations and promote trade exchange with the foreign countries. The other programmes deal with the setting-up of the EDI and Vessel Traffic Suveillance (VTS), in harmony with what exists within the EU (Coastal VTS). The National Council of shippers (CNC) expects a lot from the setting-up of the 'liasse transport' in order to facilitate the port operations. The above council, as a member, has participated along with the UTICA (Tunisian Union for Industries and Trade) in the setting-up of a committee to facilitate the external trade (COFPRO). Tunisia 6.1.6. Evolution Perspectives, International and National Orientations The national programmes in terms of the development of the maritime transport and ports include the following: • A trade orientation concerning the maritime and port activity. • Openness to the establishment of private maritime and port firms with sufficient material and professional capacities, in order to improve the level of performance with regard to services provided. • The improvement of the productivity and the efficiency of the maritime and port operations by encouraging the participation of the private sector, and by reinforcing the functions of the OMMP in terms of regulation and supervision. • A guarantee of transparency of costs and the elimination of abuse by establishing a taxation system that is clear with fixed rates to cover simple port services. • Guaranteeing a free selection by the carrier. • Adapting the human capacities to the new requirements of the transport sector by reviewing the rules of labour. • Creating Logistics Activities Zones (ZAL). • Preserving the security and the port environment in order to ensure a sustainable development. • Implementing the port reform regarding the organisation, equipment, work, costs, and the setting-up of a network of data exchange. • Concluding the concession contract according to the BOT. • Reinforcing the role of the OMMP as a maritime and port authority, and its withdrawal from the trade activities. • Reinforcing the maritime security and safety as well as the control of ships by the Port State (PSC) and the Flag State (FSC). • Setting up spaces in the ports for maintaining and repairing ships. 6.2. Maritime Shipping 6.2.1. General the international transport (the main links are ensured with Genoa and Marseilles). The international conventions related to the maritime shipping ratified by Tunisia are listed in the following table: Table 13: International Conventions ratified by Tunisia Designation Convention related to the code of conducting the maritime conferences 1978 Convention related to the goods transport by sea Convention on the maritime privileges and mortgage, 1993 International Convention related to gauging, 1969 International Convention on the facilitation of the maritime traffic, 1965 International Convention on the load lines, 1988 Date of enforcement Ratification date by Tunisia 06/10/1983 Law No. 79-2 of 25 /1/ 1979 1/11/1992 Law No. 81-117 of 17/01/1981 Law No. 94-45 of 09/05/1994 23/07/1969 Law No. 98-57 of 06/07/1998 05/05/1967 Law No. 68-29 of 29/11/1968 21/07/1968 Law No. 73-03 of 31/01/1973 Law No. 98-56 of 06/07/1998 Source: EuroMed Transport Project (Main Contract) It is the Directorate General of the Merchant Marine (DGMM) that elaborates the maritime policy. There are 8 national companies, 7 out of which are private and one public which is. The CTN with 52% of the market shares related to 33 Module 11 6.2.2. • • • • • • The maritime transport of forwarded goods via Tunisian ports is distributed between the international traffic and the national coastal shipping that represents 4% of the global traffic. The distribution of traffic per geographical areas brings out the European Union as the main partner of Tunisia in the international trade with 46% of the total of trade exchange in 2002 in terms of import and export. The TGR port group (Tunis-La GouletteRades) monopolises the regular services with stops in Tunisia (350 stops per month). It is followed by Sfax (40 stops per month), Sousse and Gabes (between 10 and 15 stops per month). These ports receive, in most cases, the same ships having technical stops at the TGR port group. Italy is the EU country with the highest rate in terms of stops in Tunisia (150 stops per month), i.e. 1/3 of the conducted stops in Tunisia. Besides, the French Mediterranean coast is well linked with Tunisia (around 20% of the whole stops conducted in Tunisia). Among the links between Rades and the Italian ports, the Ro-Ro traffic prevails with Genoa and the containerised traffic with La Spezia and Livorno. The trade exchange with the AMU countries witnessed a 2% decrease in 2002. The exports, however, have risen by 22% mostly heading to Algeria and Morocco. These exports are mainly constituted by phosphate derivatives. The trade exchange with African countries not included among the AMU countries witnessed a 6% improvement in 2002. The maritime traffic with the EU, Tunisia’s first trade partner, decreased by 5% in 2002. 6.2.3. 34 Evolution of the Maritime Traffic by Geographical Areas Summary of the Main Shipping Lines Servicing Tunisia and the Main Ports of the Maghreb Area EuroMed Transport Project Main Contract Diagnostic Study Tunisia Table 14: Summary of the main shipping lines servicing Tunisia ShipOwner Nationality Cotunav Tunisian Maersk Mar Fret Danish French Medex St Vincent Messina Italian Elarmen Armada Line Sud Cargo Antigua Varna French Tarros Italian Med Feeder Italian Sea Malte USS Maltese Ukrainian Vessel Cathage Habib King Scandinavia Trakya Anadolie Ulysse Salambo7 Agent Pearle Wilma Anglia Free Spirit Condillaria Jolly Blue Karthago Jolly Arranciany City of Oxford Armada sprinter Mouventox Vento del Ghabi Vento de tramato Vente del Mistrale Maltaise falcon Vicovo Cetam Navitrans French Neptune Agencies Greek Flag Tunisian Tunisian Tunisian Tunisian Tunisian Tunisian Tunisian Tunisian Gibraltar Antigua St Vincent Spanish Italian Liberian Antigua Antigua Antigua English Danish Antigua Type P/C & Ro-Ro Arrival Ports Marseilles/Genes Consignee CTN Ro-Ro P/C P/C P/C P/C Ro-Ro P/C P/C Livourne Gioia Tauro Marseillea Malta Valence Gênes / Naples Le Havre / Istanbul / Anvers Genes / Naples Anvers/ Rotterdam / Istanbul Le Havre / Anvers / Istanbul Marseilles Valence / La Spezia Barcelone / Algeria MOHAB AACC Sud Cargo STTAT STTAT Italian P/C Palerme / Salerno Genmar Maltese Ukrainian Ro-Ro P/C Malta Catane Genmar Genmar Cetam Massilia Swedish Ro-Ro Marseilles Socotu Neptune Maltese Ro-Ro Malta / Italy Kdanamrk P/C P/C P/C Maersk Tunisia seaways Tuniship TSA 35 EuroMed Transport Project Main Contract Diagnostic Study Module 11 ShipOwner Cotinsa Nationality Spanish EMES Turkish CMA/CGM French MSC Sea Malte Sea Malte Linelauro SUIEZ lIne Swiss Maltese Maltese Italian Grandi Traghetti spa Navi Veloci Navigation Bulgare Italian Italian Belgrade Vessel Evedokyastar Claire A Caynou Daine A S.Yardmici Cap canaille Sadabuyactar DenizahnKyracta MSC Rades Salerno Bulpride Donatela Erostar Valencia Lince Ariadne Victory Blue Pride Source: EuroMed Transport Project (Main Contract) 36 Flag Type Arrival Ports Consignee Panama P/C Malta / Italy Kdanamrk Turkish P/C Izmir / Istanbul / Akger Green Tunisie French Turkish Turkish Antigua Maltese St Vincent Ro-Ro P/C P/C P/C P/C Ro-Ro C/F Ro-Ro Ro-Ro C/F C/F Ro-Ro Marseilles Malta / Tripoli Malta / Tripoli Valence Malta Algeria / Barcelone Naples/ Palerme / La Spezia Genes Genes / Livourne / Marseille Genes Genes / Malta Genes / Malta CMC CMC CMC MSC Afrimar Afrimar Berrebi Berrebi V'D'allesendro V'D'allesssndro V'D'allesandro Green Tunisie St Vincent Greek Italian Belgrade Tunisia 6.3. Maritime Security Within the framework of the Memorandum of Paris, the Port State Control may be carried out by the maritime authorities. This memorandum signed by all the EU countries, sets a unified control between the signatory States in order to avoid the discrepancies in terms of the control implementation in different ports. Each port authority commits itself according to this memorandum to carrying out a total number of inspections equalling to 25% of the average number of ships entering the country’s ports, pursuant to the available statistics of the last three years. Despite its medium risk factor, Tunisia has passed from the green list in 2001 to the black list in 2002. Tunisia adhered to the Mediterranean Memorandum, which disproves the Memorandum of Paris and aims at inspecting 15% of ships crossing the ports of the signatory countries. Nowadays, only 2 to 3% of controls are actually carried out in the whole of the Mediterranean countries. During 2002, Tunisia has reinforced the inspections related to the security of ships, the new forms of the safety certificate were edited in conformity with the new provisions of the International convention SOLAS. Also 2002 witnessed the beginning of the settingup of the International code of security management in the maritime companies and on board of ships. With the SAID (Swedish Agency of International Development), Tunisia started to set up a programme concerning the training in the security field. The International conventions related to security and safety and to which Tunisia has adhered are: 37 Module 11 Table 15: International Conventions to which Tunisia has adhered and that were ratified Designation Enforcement date International convention on Civil Liability for Oil pollution damage amended by the 1992 protocol International convention related to the intervention on the high seas in case of oil pollution casualties 06/05/1975 30/08/1996 International convention for safe containers 06/09/1977 1974 convention related to the carriage of passengers and luggage by sea. International convention related to the creation of the International Maritime Satellite Organisation (Inmarsat 76) International convention on limitation of liability for maritime claims 1976 International convention on standards of training, certification and watch keeping for seafarers 73/78 (STCW) International convention for the suppression of unlawful acts against the safety of maritime navigation 16/10/1978 13/12/1974 16/07/1979 Law No. 83-17 of 28/02/1983 06/12/1986 Not ratified 28/04/1984 01/03/1992 International convention on salvage 1989 14/07/1996 International convention on the prevention of marine pollution 30/08/1975 1979 international convention on maritime search and rescue(SAR 1979) MTC convention (UNCTAD) 22/06/1985 International convention on the law of the sea 1982 16/11/1994 Convention against illicit traffic of drugs and psychotropic substances Enforced 1974 international convention for the safety of life at sea and its amendments 27/05/1980 1998 protocol International convention for the prevention of pollution from ships (Marpol) Source: EuroMed Transport Project (Main Contract) Finally, a regional Agency for coastal protection and development was established. 38 Date of Tunisia’s ratification Law No. 96-97 of 18/11/1996 Law No. 96-98 of 18 /11/1996 02/101983 Law no. 94-46 of 09/05/1994 Law No. 97-81 of 15/12/1997 Law No. 98-36 of 25/05/1998 Law No. 96-17 of 21/01/1976 Law No. 98-35 of 25/05/1998 Law No. 85-6 of 22 /021985 Law No. 90-67 of 24/07/1990 Law No. 80-22 of 23/05/1980 Law No. 98-68 of 04/08/1998 Law No. 76-15 of 21/01/1976 Law No. 80-56 of 01/08/1980 Tunisia 7. Air Transport and Airports 7.1. Civil Aviation 7.1.1. General The air transport is run by the Ministry of transport/DGCA, OACA and the airlines such as Tunisair, Nouvel Air and Karthago. This group is characterised by a heavy participation of the state. During the last 10 years, many legislative and trade initiatives were taken in order to open the markets. Apart from these efforts, the air transport sector needs more incentive measures to apply the policies regarding the ownership and status of the airports, the privatisation, the rendered services by the airports, and the PPP initiatives. This was incorporated in the 10th Economic and Social Development Plan for 2002-2006. Tunisia takes an active part in all the major initiatives of the regional and international organisations such as ICAO, EuroControl, ACAC, CAFAC, AMU, etc. The ministry of transport is eager to support bilateral and multilateral regional initiatives such as EuroControl, the RVSM operations, END/ATM systems, the technical cooperation and the ATM harmonisation. 7.1.2. Civil Aviation and Airports Office (OACA) The OACA is an industrial and commercial public establishment endowed with a moral personality and a financial autonomy. It is run by the ministry of communications and transport technologies, and is in charge of running, promoting and operating the 7 Tunisian international airports (Tunis-Carthage, Monastir Habib Bourguiba, Djerba-Zarzis, Tozeur-Nefta, Sfax-Thyna, November 7 Tabarka, and GafsaKsar). The decree No 98-1374 dated 30 June 1998 stipulated that the names of the ‘Tunisian Civil Aviation’ and ‘Airports Authority’ replace those of ‘Tunisian airports’ and 'ATC authority' created on 3 July 1970. The OACA missions are the following: • Exploitation, planning, and development of the airports, along with the accomplishment of all the necessary operations and services to the passengers, the public, aircrafts, and to the air freight and mail in the airports. • Regional and local control of the aerial navigation and the participation in the execution of search and rescue plans. • Delivery of all the required documents for the aviation staff, aircrafts and the aerial navigation in conformity with the legislation in force. • Execution of the control operations provided for by the legislation and regulations in force for the aviation staff, aircrafts, and the aerial navigation. • Granting of the commercial and noncommercial flights authorisations, including the flight authorisations. The operation of airports and the development of missions require the accomplishment of the following tasks: • Planning, maintenance and development of the international airports along with their independence and the quality of their equipment. • Check-in, landing, forwarding and ground flow of the air transport passengers, goods, and mails. • Signals for users at airports services, parks, telephone, air conditioning and other services. The main figures concerning the OACA are summed up in the following tables: Table 16: OACA in numbers (Part I) Allocation Funds (capital) State Contribution Social Funds Reserves Stock Holder's Equity Capital Structure Number of Operation Centres Passenger Terminal Capacity TND 24 486 715 (TND) TND 43 603 944 TND 2 894 057 TND 2 387 993 TND 73 372 709 100% State-Owned 7 International Airports & 1 Area Control Centre 10 550 000 pax per year Source: OACA The closest relationship made with the European Union countries is that with the French DGCA. 39 Module 11 Table 17: OACA in numbers (Part II) 2002 2003 Local Turnover TND 106 894 698 TND 106 231 304 Turnover at Exportation TND 42 205 661 TND 45 103 627 Turnover TND 149 100 359 TND 151 334 931 Gross Added Value TND 127 042 451 TND 127 647 014 Earnings Before Tax TND 35 898 924 TND 34 120 733 Net Income TND 35 898 924 TND 34 120 733 Investments TND 34 002 373 TND 41 478 934 Cash-Flow TND 68 624 000 TND 63 824 445 Staff Number on 31/12 3 104 persons 3 277 persons Source: OACA Tunisia applies the standards of the ICAO and JAA. It has notably implemented the JAR standards such as the JAA/JAR-FCL. Tunisia also respects the FAA/FARS standards. It hopes to adhere to the JAA so that it can benefit from a technical assistance regarding the setting-up of its standards, and from a quality control, and have access to the latest resolutions in force through JAA-EASA. The plan to grow suggests an increased convergence towards the EASA. Tunisia needs to confirm this wilful step and should be backed up in joining the JAA, especially that the majority of its air traffic is with the EU. During a recent meeting in Brussels (22 September 2003), it was recommended that the Mediterranean partners harmonise their rules and procedures in terms of air transport by referring to the European standards. Tunisia hopes that these recommendations will be followed by a specific assistance. Besides, inasmuch as Tunisia has concluded bilateral agreements with the majority of European countries, if the EU asks it to negotiate on the basis of the conventions in force at the EU level, what will occur to the existing agreements if they are different in content from the European conventions particularly within the framework of the agreements regarding the 40 traffic duties? In this regard, Tunisia hasn’t concluded any close agreement with the EU hoping that the request for making such an agreement will emanate from the EU. Besides, if a modification to the existing agreements is to take place, what would then be the compensation made by the EU in order to set up an open- sky policy. Tunisia has concluded 14 agreements with the 15 countries of the EU. Only Ireland is not bound to Tunisia by this legal framework. It is to be noted that the air services 'charters' that represent more than half of the total traffic with the aforementioned States are governed by the national regulations. The other bilateral agreements concluded by Tunisia are divided up as follows: • West Europe: 5 agreements (outside the European Union before 2004): Cyprus, Malta, Norway, Switzerland, and Turkey. • East Europe (before the EU enlargement in 2004): 10 agreements, of which we mention: Hungary, Poland, Russia, and Ukraine. • Arab countries: 18 agreements of which the AMU countries, Gulf countries, Egypt, Jordan, Syria, and Lebanon. • Africa: 15 agreements (outside AMU) of which South Africa, Burkina Faso, Cameroon, Ivory Coast, Mali, Nigeria, and Senegal. • The rest of the world: 7 agreements: China, South Korea, Cuba, Indonesia, Pakistan, and Uzbekistan. In reply to the visit of the European Commissioner, Tunisia has already undertaken to participate in the setting up of a 'neighbourhood policy' among the EU countries and the Mediterranean area countries, a policy that would facilitate the harmonisation of rules easier. Within the UEA (Economic Community of Africa), the Abuja treaty concluded in November 1999, followed then by the decision of Yamassoukro in July 2000, stipulates liberalisations in the air transport field as of 2002. Within the AMU, an agreement was signed in the air transport field with Royal Air Maroc on the basis of a ‘code-sharing agreement’ between Tunisia Tunisia and Casablanca, and should open up to the transatlantic roads that could stretch out to the AMU level. The existing agreements, in terms of the transport liberalisation especially, refer to charter flights and to the air freight, and were signed by the Member Countries of the Arab League. A group of intellectuals from a limited group of countries (Egypt, Morocco, Tunisia, Jordan, Lebanon, and Saudi Arabia) having the objectives of developing the multilateral agreements, has to meet in December 2003 in Amman (Jordan) in order to work out a project for the liberalisation of the air transport at the regional level. The air transport policy is governed by the Aeronautics Civil Code promulgated on 29 June 1999 (law No. 99-58). List of the international conventions and agreements ratified by Tunisia • • • • • • • • • • Warsaw convention: on 29 October 1929: aiming at the unification of certain rules relative to the international air transport. Convention related to the seizure of goods of aircrafts – Rome, 29 May 1933. Agreement related to the forwarding of international air services- Chicago, 7 December 1944. Convention on the international civil aviation- Chicago, 7 December 1944. Protocol related to an amendment of the convention of Chicago (Art. 93 bis) Montreal, May 1947. Convention on the international recognition of rights in aircrafts- Geneva, 19 June 1948. Convention related to damage caused to third parties on the surface of foreign aircrafts - Rome, 7 October 1952. Protocols related to an amendment of the ICAO- Montreal, June 1954 (Art. 45, 48a, 49e, 61). Protocol modifying the Warsaw convention aiming at the unification of certain rules related to the international air transport performed by a person other than the contracting carrier Guadalajara September 1961. Protocol concerning an amendment to the convention related to the international civil aviation (Art. 48a) - Rome, September 1962. • • • • • • • • • • • • • Convention on offences and certain other acts committed on board of the aircraftsTokyo, 14 September 1963. Protocol concerning the trilingual authentic texts of the ICAO- Buenos Aires, September 1968. Convention on the suppression of the unlawful seizure, signed in La Haye on 16 December 1970. Convention on the suppression of unlawful acts against the safety of civil aviation, signed in Montreal on 23 September 1971. Protocol concerning the suppression of unlawful acts of violence in the international civil aviation airports signed in Montreal on 24 February 1988. Convention on marking the plastic or sheet explosives for identification, signed in Montreal, 1 March 1991. Protocol concerning the amendment of the convention of Chicago in 1944, article 83 bis, signed in Montreal on 6 October 1980. Protocol concerning the amendment of the convention of Chicago, article 3 bis, signed in Montreal on 10 May 1984. Protocol concerning an amendment of the convention on international civil aviation (art. 50a) Montreal, October 1974. Supplementary protocols No. 1 and No. 2 modifying the convention of Warsaw for the unification of some rules related to the international air transport- Montreal, September 1975. Protocols concerning amendments to the international civil aviation (56 and 50a) Montreal, October 1989 and October 1990. Protocol concerning an amendment to the convention related to international civil aviation (final clause) - Montreal, September 1995. Protocol of La Haye on 28 September 1955 dealing with the modification of the convention of Warsaw for the unification of some rules related to the international air transport. Accession of Tunisia to the international organisation • • Member of the ICAO (International Civil Aviation Organisation). Member of the AFCAC (African Civil Aviation Commission). 41 Module 11 • • • • • Member of the ECA (Economic Commission for Africa- Addis- Ababa). Member of the AMU (Arab Maghreb Union). Member of the ACAC (Arab Civil Aviation Commission). Associate Member of EuroControl since September 1998. Tunisair is a member of the IATA (International Airline Companies Association). 7.1.3. Air Security Policy, GNSS Harmonisation with the EU The OACA, as an EPIC, was created in 1970 in order to run and develop the international airports and the air space. Within the context of the amendment No. 4 of the annex 14 to the convention of Chicago, a programme of the certifications of airports was set. It is foreseen that all of the international airports will be certified by 2004 (an agreement of cooperation in this regard is desirable). With regard to air security, Tunisia has set up a national security plan- in conformity with the annex 17 of the convention of Chicago of 1944 that resulted in the elaboration of an PSA I (Airport Security Plan). Tunisia arbitrates also an operational centre of training in terms of Galileo. which aims, among other objectives and besides the harmonisation of procedures, to increase the number of ‘airfields’. There are 41 countries participating in this programme, among which Morocco and Tunisia that are the only two non European countries. This ambitious programme has been developed as of 22/2/2002 in order to be enforced as of September 2003. Tunisia is a pioneer in the development of the GNSS. In fact, it concluded an agreement with the European Space Agency aiming at installing the RIM station (ranging and integrity monitoring) in Djerba during November 2003. It must include an EGNOS station (European Geostationary Navigation Overlay Service). Eventually, Tunisia has anticipated the installation of 30 RIM stations. Tunisia is also very advanced in setting up the GNSS in conformity with the European standards. 7.2. Airports In 2003, the total capacity of the 7 Tunisian airports reached 10.55 millions of passengers per year. It is to be noted that the number of passengers in these airports amounted to 7.9 millions. The evolution of the passenger rate shows a 2.1% fall in comparison with 2002. Photo 4: Tunisair - National air carrier for Tunisia As for the management of air traffic, Tunisia has signed many agreements with the air control centres in Rome, Aix en Provence and Malta, which indicates the importance of the air traffic with the EU. The bilateral agreements concluded with the European countries and particularly with Italy and France have taken, for reference, the technical standards in force in the EU countries. A technical harmonisation programme was adopted but was never enforced. With regard to air navigation, Tunisia signed a cooperation agreement in September 1998 with EuroControl. This agreement allowed it to set up a harmonised system with that of Europe. Within the context of this agreement, Tunisia participated in the setting up of the RVSM system (Reduced Vertical Separation Minimum) 42 Source: Transport Magazine, Ministry of Transport – Tunisia, 1st trimester 2001 The State-owned airports constitute a semicorporate entity that has solely the right to render to the third parties ground services in cooperation with Tunisair. The main possible option is the management of ground activities by Tunisia the airlines themselves to those who select these options. year, but grew in 1992 to reach 1.5 million passengers per year. 7.2.1. Nevertheless, and on account of the rapid increase in the air traffic during several years, the airport has been overloaded since 1997, a year during which 1.8 million passengers used it. Consequently, a new project of airport enlargement is on the agenda. The enlargement works are in progress and should increase its capacity to 4 million passengers per year. International Airport of Tunis-Carthage (AITC) The International Airport of Tunis-Carthage is the main airport of Tunisia. It includes around 39.5% of the total traffic. In 2003, 3.049 millions of passengers used this airport. After the development of its infrastructure and its terminal in April 1998, the capacity of the AITC reached 4.5 million passengers. Photo 5: Carthage International Airport 7.2.4. The International Airport of Tozeur-Nefta is an airport of charter flights to the tourist areas of south west Tunisia. This airport is located at the edge of the Sahara and has nowadays the opportunity of completely opening the south of the country to international tourism. 7.2.5. Source: EuroMed Transport Project (Main Contract) The infrastructures of the airport were extended. Thus, the airport witnessed an enlargement of its aircraft parking, the creation of new taxi lines and storage areas in terms of the necessary equipment for goods handling. 7.2.2. International Airport of Monastir Habib Bourguiba (AITC) The International Airport of Monastir Habib Bourguiba (AITC) is the second airport in Tunisia. This airport that is mainly devoted to charter flights serves the tourist areas in the centre east of Tunisia. With regard to passenger traffic, 2.8 million people used this airport in 2003. It is also considered as the first airport for charter flights in Africa. 7.2.3. International Airport of Djerba-Zarzis (AIDZ) The International Airport of Djerba-Zarzis is the second airport for charter flights in Tunisia. It is located south of the country and boosts the tourist area of the island of Djerba. Its capacity amounted at first to 0.5 million passengers per International Airport of Tozeur-Nefta (AITN) International Airport of 7 November Tabarka (AI7NovT) The Airport of 7 November Tabarka (AI7NovT) is located north of Tunisia. It serves a tourist area of high quality and plays an important role in the airport sector in the country. Having openness to the north, it links this area to the east coasts that are traditionally more appreciated by tourists. Table 18: Capacity of the Tunisian airports by million passengers Airport Tunis-Carthage Monastir-H. Bourguiba Djerba-Zarzis Sfax-Thyna Tozeur-Nefta Tabarka-7 Novembre Gafsa-Ksar Capacity (Million passengers) 4.50 3.50 1.50 0.20 0.40 0.25 0.20 Source: EuroMed Transport Project (Main Contract) 7.2.6. Changes to come by 2020 A long-term plan for the development of air transport already exists and is followed-up. The infrastructural capacities of 5 out of 7 airports are sufficient even for long-term forecasts. 43 Module 11 However, AITC and AITC airports are about to attain their overload level. Enlargement plans are expected for these airports in order to meet the demand from short to middle term. The construction of the new airport known as the 'New airport of the Centre East' of Tunisia is expected. It must be constructed according to the BOT standards and should be operational in 2007/2008 with an initial capacity of 5 million passengers per year. This new airport is expected to ensure a rail connection with Tunis and other tourist rails. From a strategic standpoint, this step could be the best solution for balancing the coastal airports system for it facilitates the expected traffic flow. 7.3. Airlines 7.3.1. General • • Owned by the Tunisian State at the level of 64.86% against 35.14% by the private sector. (5.58% Air France). Airbus: 17; Boeing: 15. Fleet analysis It is summed up in the following table: Table 19: Tunisair Fleet in 2003 Aircraft Airbus A319 Airbus A300 Airbus A320 Boeing 737-500 Boeing 737-200 Boeing 737-600 Total Fleet 3 3 11 4 4 7 32 Source: EuroMed Transport Project (Main Contract) The scheduled regular air transport was provided till a recent date by Tunisair and Tuninter. 65% of Tunisair (including Tuninter) is owned by the State, while 35% is owned by private shareholders. Figure 3: Tunisair Fleet Analysis 22% 34% Boeing 737-600 Although the State owns 65% of Tunisair, the latter is finalising a plan of restructuring and preparation for privatisation. Two other operators are licensed for the nonscheduled flights and some scheduled flights: • Nouvelair, rights of charter flights, 100% private. • Karthago, 100% private. Finally, two other specialised firms: • Tunisavia, Air Taxi Operations, 100% private. • Somaprov, air activities, 100% private. For new airlines, the conditions of entry to the market are limited. The liberalisation will be progressive, gradual, and according to the investments and the economic and social circumstances. 7.3.2. 44 Boeing 737-500 9% Airbus A319 13% 9% Airbus A300 Airbus 320 Source: EuroMed Transport Project (Main Contract) Traffic It is summed up by the following figures: Figure 4: Pax Evolution Global Commercial Traffic [Tunisair] 10000000 8000000 6000000 4000000 2000000 Tunisair 0 1998 Broad Lines • • Boeing 737-200 13% Establishment date: 1948. Date of association with the Arab Air Carrier Organisation (AACO): 1972. 1999 2000 2001 2002 2003 Source: OACA 7.3.3. 'Open Sky' Policy The access to the Tunisian sky is limited. In fact, all the scheduled services are governed by 60 bilateral agreements signed by all the European Tunisia States with the exception of one, Ireland. The opening of the Tunisian sky remains a political target, but the conditions of security, of supporting the tourism sector, of stability in the air transport market, and of social stability are the main objectives to attain. With regard to the openness to private airlines, Tunisia owns at present two private airlines: • Nouvelair (formerly Air-liberte Tunisie) started off in 1990 as a charter-flight company and could serve as a model in this field. • Karthago Airline was launched in March 2004 as a charter-flight company, and does not have enough experience to be assessed. Tunisia is a little bit cautious regarding the enforcement of a unique European sky policy inasmuch as this policy will require the upgrading of the airlines. Tunisia has requested aid from EuroControl for the setting-up of the security management system in the air circulation services. Tunisia has also requested assistance for the upgrading of its regulations in conformity with the European standards. Besides, Tunisia raised the issue of air research and rescue. This issue should be brought up at the EU and the ICAO level. During the 11th conference of the ICAO held in September 2003, Tunisia requested to participate closely in this programme and to coordinate it at the Maghreb countries level. The same procedure was taken before the EU. 45 Module 11 8. Land Transport 8.1. Railways 8.1.1. Rail Operators Two public operators provide Tunisia with rail transport: the SNCFT and the SMLT that is specialised in the urban transport of passengers in one part of the capital. Photo 6: Tunisia-Railways,-SNCFT The SNCFT has a plan contract that has specific aims to attain before the end of the period. Among these objectives, the most important to mention are: running the railways in a sheer commercial manner, existing only on the markets that ensure the economic and financial profits after taking into consideration the aids of the State, and improving the quality, comfort, punctuality, information diffusion, and secured management of the freight traffic with standards controlled by performance indicators. Within the framework of this plan, the government grants money especially to the SNCFT for the infrastructure maintenance. Another sum of money considered as a subsidy will be destined to the non-lucrative services. All the investments related to a rolling stock are financed by the SNCFT. In order to attain the objectives determined in the contract, the SNCFT asked for the possibility of applying a diversified and flexible tariff policy focusing particularly on the internal door-to-door transport. The private operators will be authorised to be in charge of certain passengerand tourist- suburban services, as well as certain services related to freight. Source: EuroMed Transport Project (Main Contract) The SNCFT was reformed by the law related to the railway No.93-90 promulgated in 1998. This law also defines the regulatory and contractual framework of the rail activities in Tunisia. In fact, this law gives particularly to the state the ownership of the complete property and assigns the SNCFT to take charge of its management. Moreover, it allows the rail system to operate on a trade basis. Therefore, the SNCFT remains the only company to run both the activities and the infrastructure. Table 20: SNCFT rolling stock Electric railcars (3 bodyworks) carriages 6 239 freight wagons 4 447 Number of employees 5 846 Sources: I N S 8.1.2. Institutional Framework In 1999, an agreement related to the concession of the public domain to the SNCFT for a period of 30 years was published. 46 The franchise of the ownership of the railway must be adopted. As for the restructuring of the SNCFT, it is in conformity with the plan contract signed with the Government. This restructuring led to the adoption of a more oriented structure towards the trades sector. It comprises 7 units: 3 out of which for the main traffic line, 2 for the suburban passengers, one for the maintenance, and one for the network infrastructure. The 10th Plan that is in force at the moment and till 2006 puts the consolidation of its competitiveness, the improvement of its services, the control of the production costs, and the partnership with the private sector on top of the SNCFT’s concerns. 8.1.3. Market Share The market share of the rail freight in Tunisia constitutes 13.5% of the total freight. In comparison with 2001, the traffic in 2002 has witnessed an approximate fall of 1.5%. Tunisia 8.1.4. Results Information The turnover of the SNCFT reached EUR 80.9 million in 2002, and the operation results equalled EUR -3.67 million. These results, however, are improving in comparison with the previous year, where the deficit equalled EUR 10.5 million. For the past five years, a clear improvement has been noted, and such a trend should continue in the current situation in order to place the SNCFT back in a good economic status before the State ends its financial support concerning the cost of the infrastructure after 2006. As to the availability of the rolling stock, its rate is 70%. Such a figure is mainly due to the olddated fleet (more than 25 years) that requires a lot of maintenance work. 8.1.5. National and Regional Developments and Expected Investments The national planning of the Tunisian railways under the 10th Plan will be devoted to the development of the signalling system on the North line, improvement of telecommunications on the South line, modernisation of the rolling stock, and the electrification of the suburban line in South Tunisia. Concerning the regional aspects, Tunisia has different options, which are the following: • Develop the existing international connection with Algeria on a standard line system. • Establish a connection with Libya. This project is related to the trans-Maghreb concept, which may present another alternative for the future with the setting-up of a long-term fast goods network. This idea can lead to the studying of the case of a new standard of a fast goods service between Tunis and Gabes through Kairoun and with the future Libyan system. • Reconsider the opening of an old line system with Algeria in order to ensure the cement transport of Tunisia towards the region of Tebessa in Algeria that needs this substance for its population. It is also to be noted that a connection is considered with the new maritime port of Enfida city in terms of the containers transport. This port could become the expansion of the North- South freight corridor Rotterdam-Milano-GioaTauro (Italy) and constitute a part of the EuroMaghreb freight corridor. The investments related to the infrastructures and the rolling stock reached EUR 33 Million in 2002, i.e. an impressive sum in comparison with the figure of the turnover (EUR 81 Million) of the SNCFT. In the recent past, the main investments in the rolling stock field were the following: • Rehabilitation of 100 passenger carriages (for a cost of EUR 16.75 million). • Large overhaul of 5 locomotives per year (EUR 0.2 million each). • Delivery of 21 GE locomotives in terms of the lines adopting the metric system (EUR 115 million). • Rehabilitation of 500 trucks related to the phosphate transport. It is planned to purchase: • 20 multiple diesel units concerning the system of the metric lines (tendering document done). • 15 multiple electric units related to the future electric lines of the suburban lines of Tunis. • Locomotives related to the phosphate transport in conformity with the system of the metric lines. As for the infrastructures, the main actions in terms of the standard system have dealt with the following points: the flood protection, the enhancement of the civil engineering work and the rail renewal. An important improvement concerns the signalling system in terms of the North line of Tunis-Ghardimaou. After the rail renewal, this line can support 20 tonnes of axle loads. Regarding the system of the metric lines related to the South line Tunis-Sfax, the line was upgraded, the platform as well as the civil engineering work were consolidated to support 25 tonnes of axle loads. An important project is related to the telecommunications with the installation of the optical fibre of Tunis and Sfax. This will be done for free by the Tunisian Telecom that will provide the railways with a communication capacity. 47 Module 11 Thus, it is important to mention that the railroad towards Algeria and Libya are in good positions and could easily accept an increase in the international traffic. 8.1.6. The Main ‘Bottlenecks’ Affecting the Rail Transport Development In general, the Tunisian railways have no major problems of congestion and the existing network has diversified capacities. The main problem resides in the system of the metric railway of the South line. This problem will be more worrying when the Libyan rail system will be set up with standard lines. For Tunisia, the alternative will be the construction of a new line of fast goods service between Tunis and Gabes. This line will be devoted only to the mixed traffic, i.e. passengers and freight. This solution would allow the setting-up of the Trans-Maghreb corridor with standard lines from Casablanca to Tripoli through Oran, Algiers, and Tunis. Another difficulty resides in the connection to certain maritime ports where some port terminals are transferred to another point missing a rail connection. This is the case in the ports of Sfax, Sousse, Gabes, and Bizerte. 8.1.7. The Security Norms for the Environmental Protection The SNCFT has its security code named ‘the General Regulations of Security’ (RGS) that has recently been updated. As for the protection of people, the SNCFT does have its proper police. In case of security problems, the SNCFT resorts to the National police that may interfere in this regard. Regarding the environment, the SNCFT has a unit that sets the rules and procedures based on the recommendations of the Ministry of Environment. 8.1.8. The Interoperability An exchange between the passengers and the freight is made between Tunisia and Algeria on the Ghardimaou border. The concept of interoperability is possible as the rail systems of 48 both countries were all constructed according to the French norms. Furthermore, both networks are members of UIC and are in conformity with its technical recommendations on the standard lines. 8.1.9. The Implementation of the International Conventions Related to the Railways Tunisia is member of the CTFM (Committee of the Maghreb Maritime Transport) aiming at setting-up the Trans-Maghreb rail axle between Marrakech and Tunis via Algiers. Tunisia is also a member of COTIF, CIM, CIV, RID and CIT but still not a member of RICo and RIEx. As to International organisations related to the railways, the SNCFT is a part of UIC, UAC and UAR. It is worth mentioning that EU-DG TREN became member of the COTIF. Therefore, certain adjustments must be done in terms of the technical specifications for the interoperability and in terms of the appendixes F and G of the COTIF related to the technical evolution that could be essential for the future. 8.1.10. International Links of the Tunisian Railway According to the above-mentioned paragraphs, the exchange of passenger and freight traffic exists between Tunisia and Algeria, but this traffic has a low rate. There are only few trains for the freight per day, and as for the passengers, the traffic is seasonal. The CTFM committee aims at promoting a regional rail policy in order to coordinate the actions undertaken in this sector in the Maghreb countries. This policy aims, among other things, at harmonising the technical and economic rules, the operation conditions, the study of the possibility of a fast goods service between Casablanca and Tripoli (Libya) that would be called TCVM, and the improvement of the services existing in the Casablanca-Tunis line. This last study is conducted by the SNCFT, and will determine the necessary conditions in terms of trade exchange development among the Maghreb countries as well as between the EU and the Maghreb region. Tunisia Tunisia participates within the CTFM in the development of the Trans-Maghreb railway from Casablanca to Tunis. The CTFM is part of a regional partnership policy and of a regional rail transport development policy, and aims at: • Treating and studying all issues of common interest. • Coordinating and initiating all actions capable of improving and developing the rail transport in the Maghreb countries. • Unifying and improving the operation conditions of the Maghreb networks. • Commonly adopting technical and economic general provisions related to the coordination and the harmonisation of the rail transport in the Maghreb countries. • Studying and setting up a Maghreb fast goods service (TGVM) linking Tripoli to Casablanca. • Improving the allowance of the TransMaghreb linking Tunis to Casablanca and the Trans-Euro-Maghreb line to the study. The SNCFT took charge of this project to establish the possible itinerary of this rail line as well as the practical modes that would ensure a better flow in both directions in terms of the Maghreb and European goods, since the Euro-Maghreb trade exchange is to witness a significant expansion. 8.2. Road Transport 8.2.1. Road Transport of Passengers In most cases, the public non-urban passenger transport is still largely restricted. There is one national company for the interurban road transport (SNTRI) along with 12 regional public companies. In addition to these companies, there is a large fleet of small operators in terms of hired cars and several informal operators. Thus, the current transport cost is significantly high. Therefore, it is essential to enhance the public transport with a large seating capacity. In order to face the bad quality of services, the Ministry has taken tax incentive measures mainly for youth to create new jobs. Nowadays, the tender offer is regulated. The reform holds that the authorisations issued by the regional commissions will be given according to the contractual conditions and tender documents. The rates are always controlled. 8.2.2. Road Transport of Goods Until the end of the 80’s, the road transport of goods was done by the regional public companies in addition to a national company, ensuring the transport of passengers and the transport of goods as well. The private transport was not allowed. Since 1980, the private transport has been liberalised as well as the transport for other people by resorting to the private sector. The road transport of goods has been totally liberalised since 1980. In 1992, the regional and national public firms were eliminated. This led to a rapid increase in the transport costs. After ten years, the transport is done by a fragmented profession that keeps the prices 50% under the cost, which leads to problems in terms of the quality of service. The MTCT considers guiding the profession in a better way and reintroducing financial conditions related to the entry into this profession. In 1997, the Ministry of Transport has set up authorisations with some criteria. In 2002, these conditions were enhanced with regulations related to the terms of reference and specifications as well as worthiness and professional capacity requirements. Photo 7: Road Freight Transport in Tunisia Source: EuroMed Transport Project (Main Contract) The road transport of goods is totally liberalised, with the presence of the above-mentioned negative and general effects in the Maghreb countries. A qualification objective for this important sector in terms of the share on the internal market (80 to 90%) is set with a large budget in order to renew the relevant fleet. The 49 Module 11 International road transport (TIR) is supported by specific and incentive measures in order to meet the European standards. Tunisia expects in return of these efforts to enter into the European market with the same status of that of the new member States from East Europe. 8.2.3. Urban Public Transport The governorates are responsible for the urban transport (24 out of which 4 are for Tunis and depend on the Ministry of Interior), except for the national public firms in Tunis (STT and SNCFT). 8.2.4. Roads and Highways This sector is under the direct supervision of the Ministry of Equipment. The 'low maintenance' is done by the decentralised departments of the Ministry. The private firms take charge of the periodic maintenance. The Ministry has for a long time taken the responsibility of the construction of the highways on the basis of budget resources and Kuwaiti funds. In the 90’s, the decision was taken to authorise the construction of sections of highways through a concession, but suffered successive setbacks. In 1999, a road Fund was created. In the 90’s, the Ministry established the Tunisian Company of Highways with a public capital. This company was in charge of the operation, the maintenance of the existing network (141.5 Kilometres) and the construction of the future sections. The STA assigned via a contract the ancillary activities, and took charge of the extension of the highways (Tunis-Bizerte and Tunis-Sousse, Sousse-Sfax towards the South). In 2001, the section towards Algeria was constructed (60 kilometres) via public funds. The traffic level is very low and the toll highways are maintained at a 'reasonable' level for social motives, making their profitability impossible in terms of the private sector. Up to now, there are no possibilities of private concession due to the low rate of traffic. 8.2.5. General Information, Development of TIR Tunisia has set up certain conditions relative to the international road transport of goods in order to develop the TIR. They are as follows: • Purchase or lease a fleet of vehicles dated no more than 2 years back and having a load capacity of at least 100 tonnes. 50 • Justify the required professional skills, i.e. an experience of a minimum of 2 years in terms of management in the land transport sector, or a high-level training marking a successful conclusion of technical, legal or commercial studies in addition to one-year experience in the land transport field. A number of other measures have also been taken in order to develop the TIR: • 1992: VAT exemption relative to vehicles meant for TIR and locally manufactured, • 1997: bringing into force a regulatory framework specific to TIR. In order to facilitate the development of the international road transport of goods and to increase the share of the national carriers, recent measures have been taken for the liberalisation of the imported vehicles meant for TIR, and the customs and tax exemption regarding the imported vehicles meant for TIR. This measure comes as an addition to tax exemption related to the vehicles locally constructed and manufactured, as well as to the adoption of norms similar to that enforced in Europe in terms of the weight and dimension of vehicles used in this regard. The perspectives of the road transport development deals with the development of the TIR having a problem in terms of the visas of drivers7. This key objective is relative to the upgrading of the national economy and makes provision for a reform of the TIR organisation and the relevant tax system. Due to the existence of a very unbalanced traffic between the EU and Tunisia (i.e. the relocation of the European firms resorting to their proper transport providers); Tunisia cannot compete with the European TIR operators. Therefore, the number of the bilateral authorisations used by the national carriers totalled 607 against 22 900 available in 2001, i.e. 2.7%. Tunisia has not yet set up a ‘road fund’ like other Mediterranean countries. This 'road fund' could be used to rehabilitate the road network and 7 Main European operators in terms of TIR are the companies ' GEFCO et Graveleau' represented by SOCOTU (Mr. Lahdar), the SCAC and O.T.I. (Mr. Nagra). Tunisia reduce the burden on the State’s budget in this sector. 8.2.6. Regional Policy, Conventions and Agreements Regarding the road transport, and as a member of the AMU, Tunisia signed the 'Convention among the countries of the Arab Maghreb Union' related to the forwarding and the road transport of passengers and goods. This convention facilitating the goods and vehicles forwarding in the signatory countries, was signed on 23 July 1990 in Algiers. As to the existing bilateral agreements, Tunisia has signed 6 bilateral agreements with the following countries: Libya, Mauritania, Egypt, Jordan, Lebanon, Turkey, France, Italy, Spain, Portugal, UK, Switzerland, Austria, Germany, Sweden, Belgium, Greece, Luxembourg, Finland, Poland, Hungary, Iran, Senegal, Algeria, Iraq, and Morocco. Only 18 out of 25 agreements were brought into force with the following countries: France, Italy, Germany, UK, Belgium, Luxembourg, Sweden, Switzerland, Spain, Portugal, Morocco, Hungary, Morocco, Algeria, Libya, Egypt, Jordan, Iraq, and Iran. In theory, these agreements make provisions for the equal distribution of traffic, the annual quota of authorisations and mutual tax exemptions. 8.2.7. Accession to the International Conventions Tunisia adhered to the following international conventions: • CMR Convention signed in May 1956 and ratified by the law No. 81-60 on 11 July 1981. • TIR Convention signed in November 1975, ratified by the law No, 77-39 on 2 July 1977, and implemented as of 1992 (body guaranteeing the CCIT). • ATA Convention signed in December 1961 and ratified by the law No. 70.55 on 2 December 1970, but was only implemented as of 1998 (temporary duty-free importation, (body guaranteeing CCIT). • AMU Convention signed on 23 July 1990 and ratified by the law No. 90-98 on 19 November 1990 brought into force in July 1994. The Maghreb Passengers and Goods Land Transport Convention authorises the duties and tax exemption in force in the concerned countries. The freight traffic is also exempted from the passing authorisation. This agreement is an example capable of facilitating the development of the TIR traffic. Pursuant to these bilateral agreements, Tunisia exchanges annually with each concerned country a quota of bilateral authorisations allowing the national carriers to get freely to the territories of these countries. Moreover, most of the agreements make provisions for the mutual tax and customs exemption in force in each concerned country. Unfortunately, and according to the facts and reasons already indicated, the access of the Tunisian carriers to the abovementioned countries remains very limited mainly due to: • The necessity for obtaining prior visas for drivers before entering the concerned countries. • The insufficient expertise in terms of the international road transport. • The specialisation of the Tunisian carriers in the traction of foreign trailers on Tunisian territories. • The unbalanced traffic between Tunisia and these countries. 51 Module 11 9. Abbreviations and Acronyms Acronym ACAC AFCAC EIA END Meaning Arab Civil Aviation Commission African Civil Aviation Commission International Airport of 7 November Tabarka International Airport of DjerbaZarzis International Airport of Monastir Habib Bourguiba International Airport of TunisCarthage International Airport of Tozeur-Nefta Arab Maghreb Union National Renewable Energies Agency National Agency for Coastal Protection Air Transit Agreement carnet Air Traffic Management African Development Bank Built Operate Transfer Civil Aviation Authority Official Commission for the Civil Aviation Tunis International Centre for Environment Technologies Convention on the carriage of goods by road The National Council of Shippers Committee for the facilitation of procedures for the external trade Convention Concerning International Carriage by Rail Committee of the Maghreb Maritime Transport Maritime Transport Tunisian Navigation Company Export authorisation Directorate-General of Civil Aviation Directorate-General of the Merchant Marine European Aviation Safety Authority Economic Commission for AfricaAddis- Ababa Electronic Data Interchange Environmental Evolution Studies European FreeTrade Area European Geostationary Navigation Overlay Service Environmental Impact Assessment Customs National School ENP European Neighbourhood Policy AI7NovT AIDZ AIMHB AITC AITN AMU ANAER APAL ATA ATM BAD BOT CAA CAFAC CITET CMR CNC COFPRO COTIF / CIM CTFM CTN DAE DGAC DGMM EASA ECA EDI EES EFTA EGNOS 52 Acronym EPIC ESCWA EU Euro Control EuroMed EuroStat FAA FSC GAFTA GATS GDP GNP GNSS GTMO IAPH IATA IBRD ICAO ICC IEB IMF IMO Inmarsat INS ISPS IT JAA JAR JORT Marpol MEDA Countries MEDA Programme Meaning Industrial and Commercial Public Establishment UN Economic and Social Commission for West Asia European Union European Organisation for Safety of Air Navigation The Euro Mediterranean Partnership Statistical Office of the European Communities Federal Aviation Administration (USA) Flag State Control Great Arab Free Trade Area General Agreement on Trade in Services (under WTO) Gross Domestic Product Gross National Product Global Navigation Satellite System (Europe) Transport Group of the Western Mediterranean International association of ports and harbours International Air Transport Association International Bank for Reconstruction and Development International Civil Aviation Organisation International Chamber of Commerce Investment European bank International Monetary Fund International Maritime Organisation International Maritime Satellite Organisation National Institute of Statistics International Ships and Ports Security Code Information technology Joint Aviation Authority Joint Aviation Requirements JOfficial Journal of the Tunisian Republic Convention for Prevention of Maritime Pollution from ships The Mediterranean Countries that Entered the Barcelona Declaration with the EU The Financial Programme for Implementing The Euro Mediterranean Partnership in Economy and Social Structure Tunisia Acronym MTC MTCT NCSD NEPA OACA OMMP ONAS PME PPP PSA PSC RegMed Rempec RGS RICo RID RIEx RIM Ro-Ro RTAP RVSM SAID SMLT SNCFT SNTRI SOLAS STA STAM STCW TDN TEU TGR TGVM Meaning U.N. Intermodal Transport Convention Ministry of Communication technology and Transport National Commission of sustainable development The National Environment Protection Agency Tunisian Civil Aviation and Airports Authority Office of the Merchant Marine and Ports National Office of Sanitation Small and medium Enterprises Public Private Partnership Plan de sécurité aéroportuaire Airport Security Plan Port State Control A Thematic Network to Facilitate the Transport of Goods in the Mediterranean Regional Marine Pollution Emergency Response Centre General Regulations of Security Regulation concerning the international carriage of containers Regulation concerning the international carriage of dangerous goods Regulation concerning the international carriage of express parcels by rail Ranging and Integrity Monitoring Roll on - Roll off Regional Transport Action Plan Reduced Vertical Separation Minimum Swedish Agency of International Development Tunisian Light Metro Railway Company National Society of Tunisian Railways National Society of Interurban Road Transport International Convention for the Safety of Life at Sea Tunisian Society of Highways Tunisian Port Office Standard of Training, Certification and Watch keeping Tunisian Dinar (Currency Unit, ISO) Twenty Foot Equivalent Unit Tunis-La Goulette-Rades Port Group TGV Train of North Africa Acronym TIR TTN UAC UAPNA UCP UEA UIC UMA UMA UNCTAD UTICA VAT VTS WB (World Bank) WCO WHO WTO ZAL Meaning International road transport Tunisia Tradenet Company African Union of Railways Port Management Association of Northern Africa Uniform Customs and Practices Economic Community of Africa International Railway Union Arab Maghreb Union United Muslim Association UN conference on trade and development Tunisian Union of Industry and Commerce Value Added Tax Vessel Traffic Surveillance a United Nations agency created to assist developing nations by loans guaranteed by member governments World Customs Organisation World Health Organisation World Trade Organisation Logistics Activities Zone 53 Module 11 10. References 10.1. Key Readings General Investments of the 9th Plan by firm, DGPT, January 2004. Economist Intelligence Unit, Country Profile Tunisia, EIU, 2003. Jilani Ben M'Barek, L'Echo - Bulletin no. 86 of the Chamber of Commerce and Industry of Tunis, L’Echo, June 2003. Jilani Ben M'Barek, L'Echo - Bulletin no. 88 of the Chamber of Commerce and Industry of Tunis, L’Echo, September 2003. Jilani Ben M'Barek, L'Echo - Bulletin no. 88 of the Chamber of Commerce and Industry of Tunis, L'ECHO, November 2003. Günter Verheugen, EC: The Neighbouring Policy of the EU: An opportunity for Tunisia (21 January 2004), European Commission in Tunisia, January 2004. Marc PIERINI, EC in Tunisia (13 December 2003): Tunisia and EU from Barcelona to the neighbouring policy, European Commission in Tunisia, December 2003. Project Appraisal Document on a Proposed Adaptable Programme Loan (second phase) in the Amount of EUR 41 Million (USD 37.6 Million Equivalent) to the Republic of Tunisia for the Transport Sector Investment Project, World Bank, February 2001. Chafik JILLALI, Arab Maghreb Union: Secretariat General: Assessment and Perspectives of the transport Development in the AMU countries- 20 & 21 October 2003, Arab Maghreb Union, June 2003. Tunisia: Strategy document 2002-2006 and national indicative programme, EuroMed Partnership, 2002. Euro-Tunisian partnership, Euro-Tunisian Enterprise, Magazine, February, April and June 2003. 54 Institutional framework Amina Larbi Ezzine, Participation of the private sector in the airport and port infrastructures (Legal Aspect), European Commission/World Bank Seminar, March 2003. PPI in TUNISIA, March 2003. Ministry of Equipment: Training of Senior Tunisian Officials ‘PPI and Tunisia’, March 2003. Amina Larbi Ezzine, EC/WB seminar: Participation of the private sector in the airport and port infrastructure (Legal Aspect), EC/WB Seminar, March 2003. Ministry of Transport (Circular): Applicable rules and procedures for the use of new scheduled transport servicing means of passengers by land transport public operators, and the elimination of the existing servicing means, Ministry of Transport, January 1997. Citizen’s guide in order to perform an activity in the transport sector, Official Gazette of the Tunisian Republic No. 36, May 2003. Study on the private participation in the Tunisian infrastructure – November 2003, World Bank/PPMI. Ministry of Transport: Order of the Ministry of Transport of 29 April 1998, related to the approval of the guide of the private investors and promoters in the transport sector, Official Gazette of the Tunisian Republic No. 38, May 1998. Several orders of the Ministry of Transport, Official Gazette of the Tunisian Republic No. 13, February 2002. Law No. 96-50 of 6 July 1996, related to the modification of the law No. 85-77 of 4 August 1985 dealing with the organisation of the land transport, Official Gazette of the Tunisian Republic No. 55, July 1996. Order of the Ministry of Transport of 26 January 1999, setting the granting modes of the authorisations of the public transport of persons by taxis, and the modes of delivery and renewal of the relevant exploitation cards, Official Tunisia Gazette of the Tunisian Republic No. 13, February 1999. Ministry of Transport: Order No. 89-386 of 23 March 1989 dealing with the road automobile transport regulations, Official Gazette of the Tunisian Republic No. 23, March 1989. Decree of 24 November 1997: setting-up of the distinctive marks of vehicles meant for the road transport of goods for the use of third parties and for renting, Official Gazette of the Tunisian Republic No.96, December 1997. Decree No. 2001-2621 of 9 November 2001 dealing with the setting-up of the terms of reference determining the implementation conditions by the National Society of Tunisian Railways, the trade services, and the rail transport services related to the public domain, Official Gazette of the Tunisian Republic No. 92, November 2001. Law No. 2001-67, July 2001, related to the simplification of the administrative procedures relative to the authorisations granted by the Ministry of Transport according to its scope of domains. Order of 2 July 1998: Conditions and modes of delivery and renewal of the exploitation cards, Official Gazette of the Tunisian Republic No. 55, July 1998. Cross-border and Cross-sector Othman BEN FADHEL, The International Multimodal Transport of goods, Inventory of fixtures and future perspectives, (Case of Tunisia), REG-MED, March 2004. Identification of the problems in terms of the multimodal transport through a chain of door-todoor transport between Tunisia and Italy, Casablanca, 4-5 March 2004, REG-MED. Othman Ben Fadhel, Customs Formalities and Control on borders: their impact on the free flow of transport in the Mediterranean region- Case of Tunisia, REG-MED, July 2003. Zeineb M’RAD & Wissem GAIDA MAJOUB, the Information Technology and Communication as a factor to facilitate the port passing: Case of the port of Radès in Tunisia- Inventory of fixtures and perspectives, REG-MEG, June 2004. Adel M'HAMDI, the ICT as a factor to facilitate the international transport in the Mediterranean region, Inventory of fixtures and perspectives in Tunisia, Madrid, Merchant Navy Office, June 2004. Karim GHARBI, The NICT aiming at facilitating the maritime transport, Karim Gharbi, Madrid, TTN, June 2004. Chamber of Commerce and Industry of Tunis: Guide for Export. Maritime Othman BEN FADHEL, Facilitation of the international maritime transport and port passing: aspects of the Tunisian law, REG-MED, October 2003. Mohamed MARWANI, Maritime Litigation, free flow of traffic: according to the point of view of a Tunisian shipper, REG-MED, October 2003. Ministry of Transport, Evolution of the maritime transport in Tunisia-1992-2000, June 2000. Consortium of COWI, ATKINS, BCEOM, GOPA, TYPSA, comparative Study related to the costs of the maritime transport-the situation of competition of Tunisia, EU programme MEDA/FIPA Tunisia/Ministry of Development and International Cooperation, February 2004. Land transport Amina Larbi Ezzine, Participation of the Private Sector in the Airport and Port Infrastructure (Legal Aspect), European Commission/World Bank Seminar, May 2003. The Simplification of Procedures and Customs Control (this is the case of Tunisia), Ministry of Finance- Customs Directorate, July 2003. National Tender documents No. 2/2003/DGTT for the exploitation of 4 groups of public urban and scheduled suburban transport lines of passengers, December 2003, Ministry of Communication Technology and Transport. Planning of agricultural lands: the projects of the 10th Plan (2000-2006), Ministry of Development and Cooperation Internat, April 2002 55 Module 11 Road Infrastructure: Reinforcement of the listed network: the projects of the 10th Plan (20022006), Ministry of Development and International Cooperation, April 2002. Law No. 98-90 of 2 November 1998 related to the National Society of Railways, Official Gazette of the Tunisian Republic No. 89, November 1998. Law No. 85-77 of 4 April 1985 dealing with the organisation of the land transport, Official Gazette of the Tunisian Republic No. 58, August 1985. Law No. 93-70 of 5 July 1993, modifying the law No. 85-77 of 4 August 1985 dealing with the organisation of the land transport, Official Gazette of the Tunisian Republic. Law No. 99-91 of 2 August 1999 dealing with the modification of the law No. 97-56 of 28 July 1997, related to the organisation of the road transport of goods, Official Gazette of the Tunisian Republic, August 1999. Decree No. 98-2554 of 28 December 1998, regulating the passenger public transport by taxi, rented cars and rural public transport, Official Gazette of the Tunisian Republic No. 3, January 1999. Law No. 85-77 of 4 August 1999 dealing with the organisation of the land transport, Official Gazette of the Tunisian Republic No. 58, August 1985. Order of the Ministry of Transport of 7 April 2001, dealing with the modification of the Order of 26 January 1999, setting the granting modes of the authorisations related to the passenger public transport by taxi, main tourism and delivery modes...., Official Gazette of the Tunisian Republic No. 100, December 2000. Law No. 85-77 of 4 August 1985 related to the railways, Official Gazette of the Tunisian republic No. 67, August 2001. Ministry of Transport: order of the Ministry of Transport of 26 January 1999, setting the granting modes of the authorisations in terms of the passenger public transport by taxis and the modes of delivery and renewal of the relevant to exploitation cards, Official Gazette of the Tunisian Republic No. 13, February 1999. Decree No. 2001-2621 of 9 November 2001, setting the Terms of reference determining the implementation conditions by the National Society of the Tunisian Railways of trade services and rail transport services relative to the public domain, Official Gazette of the Tunisian Republic No. 92, November 2001. Decree No. 2000-2375 of 17 October 2000, concerning the modification of the decree No. 98-2554 of 28 December 1998 regulating the passenger public transport by taxis, rented cars and rural transport, Official Gazette of the Tunisian Republic No. 86, October 2000. Decree No. 98-573 of 9 March 1998-Modes of operation of the disciplinary commission related to the organisation of the goods transport, Official Gazette of the Tunisian Republic No. 96, December 1998. 56 Order of the Ministry of Transport of 12 August 2000, setting the conditions of the professional exam to obtain the authorisation to perform the passenger public transport by taxi main tourism or the professional card of driver, Official Gazette of the Tunisian Republic No. 67, August 2000. Ministry of Transport: Order No. 2000-2375 of 17 October 2000, dealing with the modification of the order No. 98-2554 of 28 December 1998 regulating the passenger public transport by taxi, rented cars and the rural transport, Official Gazette of the Tunisian Republic No. 86, October 2000. Order of the Ministries of Interior and Transport of 20 October 2000, setting the conditions and modes of delivery of the professional driver certificate of taxis, Official Gazette of the Tunisian Republic No. 86, October 2000. 10.2. Websites EU delegation: www.deltun.cec.eu.int The EU's relations with Tunisia: europa.eu.int/comm/external_relations/tunisia/int ro/index.htm Tunisia Statistic National Institute (INS): www.ins.nat.tn Customs Administration: http://www.douane.gov.tn/ Ministry of the Communication Technologies and Transport: www.sicad.gov.tn/xml1/fr/ministerefr15.html Delegation of the European Commission to Tunisia: http://www.deltun.cec.eu.int/ Customs: www.douane.gov.tn/home.htm National Council of Shippers: www.cnc.org.tn Office of Merchant Navy and Ports (OMMP): www.cetmo.org/GTMO/TR-Ports/ports-tunisieouardani.pdf Air National Company: www.Tunisair.com.tn Office of Civil Aviation and Airports (OACA): www.oaca.nat.tn Tunisia Tradenet (TTN): www.tradenet.com.tn Centre of exports promotion (CEPEX): www.cepex.nat.tn The Tunisian Government: www.ministeres.tn Delegation of the European Commission to Tunisia: http://www.deltun.cec.eu.int/ EU relations with Tunisia: http://europa.eu.int/comm/external_relations/tuni sia/intro/index.htm National Institute of Statistics (INS): http://www.ins.nat.tn/ Transport sector in Tunisia: www.tunisie.com/economie/transport.html Tunisian Government: http://www.ministeres.tn/ Maritime Transport Tunisian Navigation Company (CTN): http://www.ctn.com.tn/ Tunis Transport Company (STT): http://www.snt.com.tn/ National Society of Transport (SNT): www.snt.com.tn Dahmani Transit International: www.dahmani.transit.com.tn Transport Sector in Tunisia: www.tunisie.com/economie/transport.html National Society of Tunisian Railways (SNCFT): http://www.sncft.com.tn/ Air Transport-Civil Aviation and Airports Office (OACA): http://www.oaca.nat.tn/ Tunisair: http://www.Tunisair.com.tn/ Land Transport Technical Agency (ATTT): http://www.attt.com.tn/ National Shipping Council: http://www.cnc.org.tn/ EU Bilateral Cooperation and MEDA Projects http://europa.eu.int/comm/europeaid/projects/me d/bilateral/tunisia_en.html 57