New Presidential Decrees Regulating

During the month of November, the President issued three important decrees regarding the regulation of overland transport of passengers and cargo for the purpose of setting a new framework for this sector to encourage new forms of investment in it. These decrees being: Decree no. 348 of 2012[1] which creates a new authority to regulate overland transportations services between different governorates (“Decree 348”), Decree no. 349 of 2012[2] which creates a new authority to regulate overland transportation of passengers and cargo within Cairo (“Decree 349”) and Decree no. 350 of 2012[3] amending certain provisions of Presidential Decree No. 349 of 1996 which establishes a General Authority for Land Ports (“Decree 350”). The decrees constitute the following:

A Regulative Authority for Inter- Governorate Overland Transportation

This new authority aims at regulating public transportation services, supervising them and raising their standards and level of security. Decree 348 entails that the main responsibilities of this new authority are:

• Determining the main policies for developing overland transportation between governorates and studying their requirements;

• Setting in place regulations for the organization of overland transportation between governorates;

• Specifying policies that would encourage new investments in this sector;

• Determining the routes, types and quantities of the different vehicles of transportation;

• Setting the rules and conditions for the transport of special kind of cargo with coordination with the concerned authorities;

• Issuing the needed licenses for the transport of cargo and passengers and setting the conditions for these licenses with coordination with the ministry of interior and the ministry of local development;

• Cooperating with the concerned authorities to establish and develop major projects, organize auctions and tenders and collect sufficient data to develop the sector;

• Setting security regulations;

• Setting transportation rates to be issued by the minister of transportation;

• Setting a system for the supervision of all authorities and governmental bodies working in inter-governorate transport.

Article Four in Decree 348 gives a transitional period of three years to accommodate for the positions of those working in transport services. Decree 348 also gives this new authority a board of directors headed by the Minister of Transport and consisting of representatives from each of the Ministries of Defence, Interior, Transport, Finance, Local Development, Health, and Environmental Affairs as well as a representative from the state council and two representatives from co-operations working in this field. The authority would also have an executive director appointed by the Minister of Transport.

An Authority for the Regulation of Overland Transportation within Cairo

This new authority aims at planning, following, supervising and assessing everything that is related to transportation in the Capital and working on improving it this includes:

• Policies to develop transportation in Cairo;

• Writing the relevant recommendations to develop and modernize transportation;

• Regulating private sector participation in this sector;

• Setting quality control standards;

• Preparing the necessary policies to determine appropriate riding, parking and garage rates;

• Setting the criteria for the issuance of licenses;

• Planning with the concerned authorities to organize auctions and tenders.

Decree 349 stipulates that this authority would have a Board of Directors headed by the Minister of Transportation and consisting of representatives from each of the Ministries of Housing and Transportation, Interior, Finance, Local Development, and Environmental Affairs as well as representatives from the Governorates of Cairo, Alyoubeya and Giza, and three experts. The authority would have an executive director and an independent budget.

Amending the Bylaw of the General Authority for Land Ports

Decree 350 amends the presidential decree issued in 1996 which establishes the General Authority for Land Ports to widen its planning, coordination and research powers. It also adds to its Board of Directors, representatives from each of the Ministries of Transportation, Defence, Interior, Local Development, and Finance, and a judge from the state council as well as a representative from the national security authority and three experts.

Conclusion

It is needless to say that land ports and overland transportation inside and outside the capital are very crucial for the development of the economy as they directly affect transportation production, logistics and the cost of all economic activity. But unfortunately these three decrees are a good example of creating new bodies and committees and representing within them different ministries, making each body a miniature cabinet. This strategy in dealing with major issues has proved its failure and incompetence in stimulating economic activity. On the other hand, all of these bodies overlap in jurisdiction as they all have wide research, assessment and standardizing powers but no executive powers.   [1] Presidential Decree No. 348/2012 establishing a new authority to regulate overland transportations services between different governorates, Official Gazette, Issue No. 44 (bis) (a), 6 November 2012. [2] Presidential Decree No. 349/2012 establishing a new authority to regulate overland transportation of passengers and cargo within Greater Cairo, Official Gazette, Issue No. 44 (bis) (a), 6 November 2012. [3] Presidential Decree No. 350/2012 amending certain provisions of Presidential Decree No. 349/1996 establishing a General Authority for Land Ports, Official Gazette, Issue No. 44 (bis) (a), 6 November 2012.