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CIT Comments: Legal environments for the rail transport Part 2: Political and legal environment of Multimodality. Dr Erik Evtimov, Deputy Secretary General CIT Bern, 5 September 2013. Comité international des transports ferroviaires (CIT): www.cit-rail.org. - PowerPoint PPT Presentation
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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
2013-06-26 2
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!
112013-06-26