CIT Comments: Legal environments for the rail CIT Comments: Legal environments for the rail transport transport

Part 2: Political and legal environment of Multimodality

Dr Erik Evtimov, Deputy Secretary General CITBern, 5 September 2013

2013-06-26

Comité international des transportsComité international des transportsferroviairesferroviaires (CIT): (CIT): www.cit-rail.org

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200 railway undertakings and shipping companies

Association under Swiss law, located in Bern

Tasks:1. Implementation of COTIF

and EU law for practical use2. Standardisation of

contractual relationships3. Representation of the

interests of members to authorities and other associations

Intermodal solutions:Intermodal solutions:

The idea of integrated multimodal solutions

Modal + modal = multimodal (intermodality, comodality, etc)

Multimodal contracts for different modes of transport

United Nations Convention on International Multimodal Transport of Goods (Geneva, 1980)

Rules for Multimodal transport documents (UNCTAD/ICC Proposals)

CMR 1956

COTIF 1999

Rotterdam Rules 2009

The necessity: global logistic chains for multimodal services door-to-door

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International railway law: COTIF main International railway law: COTIF main agreement and the annexes agreement and the annexes

Appendix A

CIV

Appendix B

CIM

Appendix C

RID

Appendix D

CUV

Appendix E

CUI

Appendix F

APTU

Appendix G

ATMF

COTIFConvention concerning

International Carriage by Rail

_______________________

Protocol on privileges et immunities of OTIF

Vilnius Protocol 1999

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Contract of carriage for Contract of carriage for rail-searail-sea traffic under traffic under COTIF/CIM rulesCOTIF/CIM rules

COTIF/CIM – rail+ agreement Application to the sea carriage of goods Legal bases

Art. 1 § 4 CIM: „When international carriage being the subject of a single contract of carriage includes carriage by sea as a supplement to carriage by rail, these Uniform Rules shall apply if the carriage by sea is performed on services included in the list of services provided for in Article 24 § 1 of the Convention.”

Art. 24 § 1 COTIF: „The maritime services referred in Article 1 of the CIM Uniform Rules, on which carriage is performed in addition to carriage by rail subject to a single contract of carriage, shall be included in two lists:

a) the CIV list of maritime services,b) the CIM list of maritime services.”

Procedure, Art. 24 § 3 COTIF COTIF member states shall notify the maritime lines and the shipping company Two member states are necessary (in the praxis is notification of one member

enough) OTIF Lists CIV and CIM of the maritime lines Differences with the OTIF Lists on the Art. 1 § 6 CIM (accession to COTIF with CIV

and/or CIM lines)

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Special COTIF/CIM liability rules for Special COTIF/CIM liability rules for rail-searail-sea traffic traffic

Article 23 CIM – basis of the rail-sea liability

Article 38 § 1 CIM – additional exemptions from the general liability in the rail-sea traffic Fire Saving or attempting to save life or property at sea Loading the goods on the deck Perils, dangers and accidents of the sea or other navigable waters

CIM general compensation rules for total or partial loss, damage and exceeding of the transit period are applicable – Articles 30, 32 and 33 CIM

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SingleSingle Contract of carriage: the CIM consignment note Contract of carriage: the CIM consignment note

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Consignment note = only a proof of the contract of carriage (Art. 6 § 2 CIM)

However, consignment note is obligatory for custom purposes (Art. 6 § 7 CIM)

International associations of carriers (CIT) have the task to establish uniform model consignment notes (Art. 6 § 8 CIM)

Except if otherwise agreed, the completion of the consignment note shall be in the responsibility of the consignor (Art. 8 CIM)

Electronic consignment note: functional equivalence with the paper one (Art. 6 § 9 CIM)

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Kavkaz

Poti

Derince

Bat’umi

Odesa

Samsun

Varna

Constanza

Example: Black sea regionExample: Black sea region

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Contract of carriage of goods under SMGS Contract of carriage of goods under SMGS agreementagreement

Railway and the consignor/consignee Application on defined railway lines Between railway stations and not ports! Formal contract of carriage

Take over of the goods SMGS consignment note is condition sine qua non

Obligation to carry Obligation for publishing of tariffs (prices) Single carrier Successive carrier/s No expressis verbis of substitute carrier/s But is not prohibit ex lege No contractual carrier Non for multimodal solutions

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Legal necessity:Legal necessity:

Rotterdam Rules: broader scope of application maritime+ - shift from tackle-to-tackle- to door-to-door (multimodal transportation)- more options for different jurisdictions (ports of loading/discharge)

CMR - Article 2 mode-on-mode concept road+ additional carriage to the road transport by other mode of transport during the sea or rail part of the carriage the goods stay on the road vehicle

COTIF/CIM - Article 1 § 3, Article 1 § 4 rail+ concept Contractual solutions:

- Bridging the different conventions on contractual base- Common base are the trade contracts and contractual freedom - Mutual recognition of transport documentation- Network liability (Art. 26 RR)- Using international law principles – lex specialis; lex generalis; lex posterior- Interlinking the different sector organisations and secretariats

2013-09-05

Multimodal solutions for global tradeMultimodal solutions for global trade

1% global trade by green transportation by rail is not enough: We have to cooperate!

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