| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-626 |
8.6. Vehicle standards
Policy/Regulatory |
2014-02-28 |
Botswana: Martins Drift |
South Africa |
Resolved
2014-11-24 |
View |
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Complaint:
|
Various incidents at both Martins Drift Border post and at Kazungula - Officials imposing Botswana height restrictions of 4.1 - on SA registered vehicles - agreement at 4.3? please advise |
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Resolution status note:
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Thanks Kelly. Please upload a copy.
Regards |
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NTB-000-609 |
7.1. Arbitrariness
Policy/Regulatory |
2013-11-05 |
Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.
The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.
This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.
Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors. |
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Resolution status note:
|
Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations .
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on dimensions, Botswana had agreed that there won’t be prosecutions whilst the regulations were being updated.
Botswana was given till March 2015 to complete this.
FESARTA advised that this NTB be considered resolved on the above basis.
Please remove the NTB. |
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|
NTB-000-609 |
7.1. Arbitrariness
Policy/Regulatory |
2013-11-05 |
Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.
The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.
This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.
Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors. |
|
|
Resolution status note:
|
Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations.
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on dimensions, Botswana had agreed that there won’t be prosecutions whilst the regulations were being updated. Botswana was given till March 2015 to complete the exercise.
FESARTA advised that this NTB be considered resolved on the above basis. |
|
|
NTB-000-609 |
7.1. Arbitrariness
Policy/Regulatory |
2013-11-05 |
Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.
The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.
This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.
Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors. |
|
|
Resolution status note:
|
Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations.
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on vehicle dimensions, Botswana agreed that there won’t be prosecutions whilst the regulations were being updated. Botswana was given till March 2015 to complete the exercise.
FESARTA advised that this NTB be considered resolved on the basis of this development. |
|
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NTB-000-456 |
1.1. Export subsidies
A83: Certification requirement |
2011-09-03 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
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Complaint:
|
EAC Standards Bureaus have varying procedures for issuance of certification marks, inspection and testing. |
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Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States Regulatory Agencies are collaborating in clearance of goods and that there is now mutual recognition of certificates issued by Partner States Testing bodies. This NTB was therefore resolved. |
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NTB-000-507 |
2.3. Issues related to the rules of origin |
2012-03-14 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lack of recognition of CTH criteria in the EAC Rules of Origin for motor vehicles by Tanzania, Uganda and Rwanda |
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Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States are now recognizing EAC rules of origin. This NTB is therefore resolved. |
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NTB-000-435 |
2.14. Other |
2010-09-16 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lack of implementation of EAC harmonized documents by partner states. |
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Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States are now using EAC harmonized documents. This NTB is therefore resolved |
|
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NTB-000-436 |
2.14. Other |
2009-04-16 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
There is lack of harmonized procedures manual for the EAC partner states. |
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Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that the EAC harmonized procedures manual was adopted by the Council in 2012. This NTB is therefore resolved |
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NTB-000-450 |
2.11. Lack of control in Customs infrastructure |
2011-09-03 |
EAC |
Uganda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
There is lack of verification sheds and parking yards at most border posts in the EAC partner states. |
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Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that the 15th EAC Forum on NTBs noted that the ongoing construction of OBSP was addressing this NTB and Partner states reported that construction of OSBPs was at advanced stages at key border posts. This NTB is therefore resolved |
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NTB-000-448 |
8.8. Issues related to transit |
2011-09-02 |
EAC |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Inadequate Police Escort mechanism. |
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|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the All Partner States were providing police escorts. This NTB is therefore resolved |
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NTB-000-498 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2012-03-14 |
Kenya: Mombasa sea port |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Congestion in the Dar-es- Salaam and Mombasa Ports |
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Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the ports of Mombasa and Dar Es Salaam are implementing National single window system to redress delays at the ports. This NTB is therefore resolved |
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NTB-000-442 |
7.8. Consular and Immigration Issues |
2011-09-03 |
Kenya: Immigration Department |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lengthy procedures for issuing work permits by Kenya, Uganda and Tanzania Immigration departments.As per BCI 2008 ,business take between 1-5 months to acquire work permits for workers sourced from another EAC country.Businesses are forced to employ locals who may lack required skills. |
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Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the Kenya had abolished this requirement. This NTB is therefore resolved |
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NTB-000-444 |
1.1. Export subsidies
A83: Certification requirement
Policy/Regulatory |
2011-09-02 |
Kenya: Ministry of Agriculture |
Uganda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Non recognition by Kenya for SPS certificates issued by Uganda for tea destined for Mombasa action. |
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Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the requirement would be abolished. Kenya reported that tea destined for auction at Mombasa for export must be warehoused in a bonded Customs warehouse (Transit Go down) of their choice. This NTB is therefore resolved |
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NTB-000-451 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2011-09-03 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Additional charges by Container freight stations.The port charges should include charges on container freight charges. |
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Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the port charges by ICDs and CFS should be the one approved by port authorities. Kenya Ports Authority has signed a service level agreement to guide charges by CFS. This NTB is therefore resolved. |
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NTB-000-506 |
1.1. Export subsidies
Policy/Regulatory |
2012-03-14 |
Kenya: Kenya Plant Health Inspectorate Services |
Tanzania |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Delays by Partner States to harmonize SPS protocol has resulted in cut-flower from Tanzania for re-exports to Europe and Russia blocked by Kenya. |
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Resolution status note:
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At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the blockage had been lifted. This NTB is therefore resolved. |
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NTB-000-642 |
2.9. Issues related to transit fees |
2014-12-09 |
Tanzania: Dar-es-Salaam Port |
Burundi |
Resolved
2014-12-11 |
View |
|
Complaint:
|
The United Republic of Tanzania via the Ministry of Health and Social Welfare is charging USD200 as registration fee for transit permit on each transit container which contain which contain Chemical products. |
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Resolution status note:
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At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Tanzania reported that the levy was abolished in 2012.This NTB is therefore resolved. |
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NTB-000-621 |
1.14. Lack of coordination between government institutions |
2014-01-26 |
Tanzania: Nzega Town |
Rwanda |
Resolved
2014-12-11 |
View |
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Complaint:
|
High way attack that occurred in TANZANIA near NZEGA Town along the Central Corridor |
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Resolution status note:
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At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Tanzania reported that security had improved. Tanzania was providing police escorts. This NTB is therefore resolved. |
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NTB-000-412 |
2.3. Issues related to the rules of origin |
2009-05-08 |
Sudan: Port Sudan sea port |
Kenya |
Resolved
2015-01-19 |
View |
|
Complaint:
|
Sudan customs authorities refused to recognise COMESA certificates of origin for the export of laundry soap noodles manufactured in Kenya. The soap noodles are packed in 25kgs PP woven bags. |
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Resolution status note:
|
On 19 January 2015, Kenya focal point reported that, ideally Sudan Customs should have requested COMESA for a verification mission to Kenya, but the issue was left hanging. Kenya would therefore want this NTB removed from the outstanding NTBs ‘as resolved’ on grounds that the affected company had advised Focal point to close the case since they are no longer exporting soap noodles to Sudan. The NTB shall be registered afresh if it features again. At that point, reporting company will be requested to provide the supportive documents with current dates. |
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Products:
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3401.20: Soap in the form of flakes, granules, powder, paste or in aqueous solution |
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NTB-000-598 |
8.7. Costly Road user charges /fees |
2013-07-10 |
Mozambique: Tete Bascala,Tete Bridge |
Mozambique |
Resolved
2015-02-10 |
View |
|
Complaint:
|
There is a charge only on foreign vehicles over 3500kg crossing the Tete bridge initially US$250 and then US$75 every time the vehicle crosses the bridge. The vehicle involved is a Crane truck used in construction sites in and around Tete.
The vehicle can travel all the way from Maputo and operate on the south side of the river without paying any fees but is charged the above very high fees once it goes to the north side of the bridge. |
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Resolution status note:
|
On 10 February 2015, Mozambique focal point reported that the fees are regulated through the Decree No. 26/2010 available in the online system and that the USD75 fee is only applicable to cross the north bridge. According to the decree establishing the rates, foreign vehicles must pay a stipulated fee of 75 USD on the bridge. However, as indicated by complainant, the vehicle can use alternative route and travel all the way from Maputo and operate on the south side of the river without paying any fees. With this explanation, Mozambique considers the NTB resolved because there is alternative route for foreign vehicles. |
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NTB-000-478 |
8.6. Vehicle standards
Policy/Regulatory |
2011-12-20 |
Mozambique: Delegação Aduaneira de Cuchamano |
South Africa |
Resolved
2015-02-10 |
View |
|
Complaint:
|
Mozambique restricts an articulated vehicle carrying general cargo, to 18 metres length. It restricts an artic carrying ISO shipping containers to 16.5 metres length. This does not conform to the recommendations given by both COMESA and SADC. Generally, artics in Southern Africa are up to 18.5 metres in length, in accordance with the SADC recommendations. Transporters cannot practically shorten their artics and comply with the Mozambique regulations. Fines are received by transporters when they try to travel through Mozambique with artics longer than 16.5 or 18 metres. |
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Resolution status note:
|
On 31st May 2012, Mozambique reported that , consultations were held with authorities responsible for transport regulations which submitted the following update:
Decree 14/2008 of 25 June 2008, “approves the Regulations for weights and dimensions, Combinations and spreading of Cargo in Motor vehicles and Trailers and revokes Articles 18, 19, 24, and 27 of the Road Code”
Article 5 “ Maximum dimensions”
Nº. 1. The contour of vehicles involving all accessories, except rear view mirrors and direction indicators may not exceed the following values regarding the types of vehicles:
A. Length:
a) Vehicle with one or more axles -13m
b) Articulated vehicles with 3 or more axles -18m
c) Sets Vehicle-trailer -22m
d) Trailers with one or more axles -13m
e) Trailers for agricultural traction of:
i. One axle -7m
ii. Two or more axles -10m
B. Width - 2,60 m
C. Height - (measured from the ground) – 4,3m~
Nº. 2. Articulated vehicles specially adapted and approved by the National Traffic Institute for the transport of containers. The maximum length for this type of vehicles is 16,50m.
N° 8. The National Traffic Institute may authorize:
a) The transit of vehicles that transport indivisible objects that exceed the limits;
b) The registration or transit of special vehicles with dimensions exceeding the limits.
This Article must be read with Article 58 (1) of the new Road Traffic Code - Decree Nº 1/2011.
Art. 58 “Special Authorization”
N.º 1. According to the conditions specified in the Rules, INAV may allow the transit of vehicles exceeding the weight or dimensions legally allowed or transporting indivisible objects that exceed the size of the vehicles.
N.º 2 The referred authorizations require a favourable opinion from ANE and the Municipal Councils, depending on the cases, regarding the nature of the road paving, the resistance of art works along the routes or the technical specifications of the public roads. Thus limiting the access of such vehicles to roads whose specifications allow such transit.
From the above mentioned articles it is understood that, although the law specifies the limit of 16.5 m, the transporter or operator may request from INAV a “Transit Permit” which will involve police escort. This permit costs 398, 00MTn which is equivalent to approximately R 110.00.
Vehicles are expected to conform to the decree. |
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