management and development of inter-modality and maritime ... · intermodal framework •hague...
TRANSCRIPT
Management and Development of
Inter-modality and Maritime
Transport
Major international transport policies, national and regional
Areas for (de)regulation
• Infrastructures : ports, terminals, intermodal yards, roads, railways
• Transport hardware: vessels, inland vessels, trucks, trains
• Skills and knowledge, certification
• Contracts for carrying goods
Regulation on infrastructure• DIRECTIVE 2014/23/EU on the award of concession contracts -
Ports
• REGULATION (EU) No 1316/2013 establishing the Connecting Europe Facility – ports (including dry ports)
• European Agreement on Main Inland Waterways of International Importance (AGN), of 19 January 1996
• Central Commission for the Navigation of the Rhine (CCNR)
• Block Exemption Regulation of December 2013 –state aid
• Regulation Proposal on Port Services 2013 /CO)Council positionDraft to Parliament position
New Concessions Directive (2014/23/EU )
Concessions: Long-term contracts to transfer a right of exploitation of services or infrastructure (e.g. water, electricity, highways infrastructure)
Economic risk remains with the operator remunerated by the users
Advantages of having a legal framework:
Legal certainty
Transparency and more open business opportunities
Flexibility
Impartiality and judicial protection
Legal framework Applies main principles
(transparency, equal treatment, competition)
Ex-ante and ex-post transparency
No pre-defined procedure
Risk of "national gold-plating" when defining procedures
4
REGULATION (EU) No 1316/2013 establishing the Connecting Europe Facility
• effective interconnectivity across borders – cross-border links, and between modes –multimodal platforms;
• effective interoperability – wide deployment and interoperability of intelligent traffic management systems;
• and enhanced safety and environmental friendliness of transport infrastructure –by promoting innovative technological developments.
• The Court of Auditors found in 2012 that Structural Funds invested in EU port facilities have limited added value if they are not connected as multimodal nodes to the trans-European, national and regional transport networks.
Infrastructure – inland waterways
• UN AGN Agreement of 1996 is a European Agreement on main inland waterways of international importance.
• Recommends the requirements for existing waterways, modernization and construction of waterways in Europe
• Guidelines andRecommendations for RiverInformation Services
• Recommendation on electronic chart display and information system for inland navigation (Inland ECDIS)
Technical Regulation: hardware
Inland Navigation
• Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC of the European Parliament and of the Council COM/2013/0622
• UNECE Recommendations onTechnical Requirements for Inland Navigation Vessels
Road & rail
• Council Directive 96/53/EC ammended by DIRECTIVE (EU) 2015/719 – Weighs anddimensions
• Directive on Safety on the Community's railways 2004/49/EC
• Interoperability directives on the interoperability of the rail system within the Community2008/57/EC
Technical Regulation: hardware maritime
• Solas Convention 1974
• Marpol Convention 1973 and Protocols of 1978 and 1997
• Convention for Safe Containers (CSC 1972)
• Convention on Facilitation of InternationalMaritime Traffic (FAL) 1965
• International Convention on Load Lines (LL), 1966
HRS management in the transportsector
• Recommendations on Minimum Requirements for the Issuance of Boatmaster’s Certificates in Inland Navigation with a view to their Reciprocal Recognition for International Traffic – UNACE -IW
• STCW Convention and Manila Protocol
• MLC 2006
• Public consultation on RECOGNITION AND MODERNISATION OF PROFESSIONAL QUALIFICATIONS IN INLAND NAVIGATION (UE)
• Directive 2007/59/EC – Train drivers
• Directive 2003/59/EC of the European Parliament and of the Council – truck drivers
Intermodal framework• Hague Visby Rules (Brussels 1924)
• Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI)
• Carriage of goods by road Act 1965 (CMR)
• CMR – liability of carrier even in piggyback transport (unless stated otherwise)
• CMR – liability management with successive carriers
• COTIF – Convention concerning International Carriage by rail
Concepts and definitions
• Bills of Lading
• Through Bill of Lading
• Dirty B/L
• FCL or CY
• LCL
• Flat Rack Containers
• Free Alongside ShipFree Carrier (FCA)
• Free On Board (FOB)
• Cost, Insurance and Freight (CIF)
• Freight Forwarder
• Consignee
• Consignment
• Consolidation
• Packing List
• Transshipment
• Twenty-Foot Equivalent Unit (TEU)
• Forty-Foot Equivalent Unit (FEU)
INCOTERMS
Intermodal
• EXW : Ex Works
• FCA: Free Carrier
• CPT: Carriage paid to...
• CIP: Carriage ans Insurance paid to...
• DAT: Delivered at Terminal
• DAP: Delivered at place
• DDP: Delivered duty paid
Martime and inland warterways
• FAS: Free alongside ship
• FOB: Free on board
• CFR : Cost and Freight
• CIF : Cost Insurance and freight
Maritime legal framework• Brussel Convention (Hague Rules) on the carriage of goods by sea.
• Ample scope for carrier escaping from liability
• Limitation of liability
• Visby Protocol
• Hamburg rules – rebalancing liability between parties – may be adopted through a “paramount clause”
• National legislations to clarify rules only
• National legislations on secondary level only
Maritime legal framework• The concept of General Average
• Particular average vs general average
• York and Antwerp Rules
• Typical cases for general average regulations
• The UN Convention on International Multimodal Transport
• Scope and reasons for an unsucessful outcome
THE BILL OF LADING
Receipts
Document transferring constructive possession
Document of title
A potentially transferable carriage contract
A global jurisdiction
Each carrier chooses jurisdiction
Main differences to a charter party
• The functions
Bill of Lading
Rotterdam Rules• Participation of P&I Clubs
• General provisions
• New definition : from one place to another
• Scope of application : a broader concept
• One of the state’s a contracting partner: condition for application
• Includes trough transport contracts
• electronic communication
• Obligations of the carrier (with a broader definition of carrier)
• liability of the carrier for loss, damage, or delay
Rotterdam rules• Introduces the concept of pure economic loss
• Although limited, the concept of economic loss due to delay is also introduced.
• Widens the liability due to delay
• Adopts the Hamburg Rules for monetary amounts
• Carrier can still limit his liability
• Differences between hatch and deck carriage
• Higher liability for owner/charterer
• Liability extended to other modes of transport
Rotterdam rules (cont.)• Ocean liner service agreements (within a fixed
period)
• Increased obligations for shippers as well
• Carrier liable for acts and/or omissions of a third party.
• Introducing electronic transport records in order to speed up changes, reduce errors and reduce costs (perishable goods)
• Ocean leg based (sea plus other mode)
Rotterdam rules (cont)
• Network liability system vs unimodal liabilitysystem
• Present status: HVR to ocean freight and CMR to other modes (yes, CMR to inland and rail freight)
• RR fails to address liability problem when the source mode cannot be identified
• RR doesn´t provide an integrated solution but rather an attempt to integrate unimodal solutions
22
Legal complexityRotterdam 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
- Interlinking the different sector organisations and secretariats
2013-09-05
International and EuropeanRegulatorsInternational: UNCLOS 1982
IMO- Maritime safety and pollution Conventions
ILO – Maritime Human Resources Conventions
“Maritime” States- as flag states – ship register
Maritime States- as coastal states PSC – Paris MOU
Maritime States – as country of residence of seafarers
Classification societies
CIT - Comité international des transports ferroviaires -
• ERA – European Railway agency
• National railway agencies
• INEA – Innovation and networks executive agency
• Central Commission for the Navigation of the Rhine (CCNR)
The 2011 European Transport White paper• Emphasizing mobility
• Four main drivers: sustainable, Integrated (all modes), User-friendly, Technology led
• Optimising the performance of multimodal logistic chains, including greater use of energy-efficient modes
• 30% of road freight over 300 km should shift to other modes by 2030, and more than 50% by 2050
• A fully functional and EU-wide multimodal TEN-T ‘core network’ by 2030
• By 2050, connect all core network airports to rail; all seaports to rail freight and, where possible, inland waterway
Intermodal software• ERMTS (THE EUROPEAN RAIL TRAFFIC MANAGEMENT
SYSTEM)
• Intelligent Transport Systems (ITS)
• SafeSeaNet
• River information services (RIS)
• Blue belt project
• e-Freight initiative for paperless and intelligent logistics
• STTP : Strategic Transport Technology Plan (COM(2012)501)
Fluvial Ferrovia Rodovia
modal split at main european seaports
Modal split across Europe
Modal split across Europe