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OTIF
OTIFDeveloping international regulations
for railways
Railway Days
Bucharest, Romania
8 October 2013
OTIF
Content
1. OTIF introduction
2. Geographical vision
3. Mission
4. New opportunities
5. New tasks
6. OTIF and EU technical regulations compared
7. The convention and UTP development
8. International mutual acceptance of wagons
Railway Days, Bucharest, 8 October 2013 2
OTIF Railway Days, Bucharest, 8 October 2013
OTIF
Organisation intergouvernementale pour les transports internationaux ferroviairesZwischenstaatliche Organisation für den Internationalen Eisenbahnverkehr
Intergovernmental Organisation for International Carriage by RailМежправительственная организация по международным железнодорожным перевозкам
السككي الدولي للنقل الدولية الحكومية المنظمة
• Inter-Governmental organisation • founded 1 May 1985
– predecessor of OTIF was OCTI (Office Central des transports internationaux par chemins de fer) since 1893
• 48 Member States + 1 associate member– 270,000 km of railway lines
• Official languages: English, French and German• Headquarters: Berne, Switzerland• Staff: +/- 20 fte
3
OTIF Railway Days, Bucharest, 8 October 2013
International Convention concerningthe Carriage of Goods by Rail 1890
4
OTIF
The Organosation:The specific characteristic of OTIF
Developing international regulations for railways
European Union:- Technical rules for
interoperability and safety
- Internal regulation of transport contracts
- Implementation of liberal regulations for the rail market.
OSJD:- Technical rules for
interoperability and safety
- Internal regulation of conditions of transport
- Administrative regulation of the rail market.
OTIF: Regulations on international
rail transport
- Technical rules for interoperability/dangerou
s goods
- Regulation of transport contracts
- No prerequisite for regulating the rail market.
The legal interfaces of OTIF
Railway Days, Bucharest, 8 October 2013 5
OTIF Railway Days, Bucharest, 8 October 2013
Appendix F
APTUUniform Rules
concerningthe Validationof Technical
Standards andAdoption of
Uniform TechnicalPrescriptionsapplicable to
Railway Materialintended
to be usedin International
Traffic
Appendix G
ATMF Uniform Rules
concerningthe TechnicalAdmission of
Railway Materialused
in InternationalTraffic
COTIF 1999
COTIF
Convention concerning
International Carriage by Rail
Appendix А
CIVUniform Rules
concerningthe Contract
of International
Carriageof Passengers
by Rail
Appendix B
CIMUniform Rules
concerningthe Contract
of InternationalCarriageof Goods
by Rail
Appendix C
RIDRegulation concerning
the International Carriage
of Dangerous GoodsBy Rail
Appendix D
CUVUniform Rules
concerningContracts of Use
of Vehiclesin International
Rail Traffic
Appendix E
CUIUniform Rules
concerningthe Contracts
of Useof Infrastructurein International
Rail Traffic
6
OTIF
Tous les appendices de la COTIF (33)Alle Anhänge des COTIF (33)All COTIF appendices (33)
Sans CUI/APTU/ATMF (6)Ohne CUI/APTU/ATMF (6)Without CUI/APTU/ATMF (6)
COTIF 1999 pas encore ratifiée (3)COTIF 1999 noch nicht ratifiziert (3)COTIF 1999 not yet ratified (3)
Membres associés (1)Assoziierte Mitglieder (1)Associate Members (1)
Sans CIV/RID/CUV/CUI/APTU/ATMF (2)Ohne CIV/RID/CUV/CUI/APTU/ATMF (2)Without CIV/RID/CUV/CUI/APTU/ATMF (2)
Suspension de la qualité de membre (2)Ruhen der Mitgliedschaft (2)Membership suspended (2)
Sans ATMF (1)Ohne ATMF (1)Without ATMF (1)
Champ d’application géographique de la COTIF et ses appendicesGeografischer Anwendungsbereich des COTIF und dessen AnhängeGeographical scope of COTIF and its appendices
Sans CUV/CUI/APTU/ATMF (1)Ohne CUV/CUI/APTU/ATMF (1)Without CUV/CUI/APTU/ATMF (1)
Etat au 1er septembre 2013Stand 1. September 2013Situation on 1st September 2013
OTIF
Content
1. OTIF introduction
2. Geographical vision
3. Mission
4. New opportunities
5. New tasks
6. OTIF and EU technical regulations compared
7. The convention and UTP development
8. International mutual acceptance of wagons
Railway Days, Bucharest, 8 October 2013 8
OTIF
• The Convention concerning International Carriage by Rail offers all interested nations and regional organisations for economic integration a “neutral” legal framework.
• OTIF has recently received interest from GCC• Common approaches ease co-operation and
facilitate operations• The development of a “law interface”• A framework that offers legal and geographical
flexibility
The Organisation
Developing international regulations for railways
Geographical vision of OTIF
OTIF
Content
1. OTIF introduction
2. Geographical vision
3. Mission
4. New opportunities
5. New tasks
6. OTIF and EU technical regulations compared
7. The convention and UTP development
8. International mutual acceptance of wagons
Railway Days, Bucharest, 8 October 2013 10
OTIF
The Organisation
OTIF Mission 1/3
• Legal department: developing private law that helps to define liability
regimes and contracts with CIT, UIP, UIC, OSJD and UNECE
• Technical department: ensuring technical compatibility for rolling stock with CER, EU, ERA and UIC
• RID department: coordinating regulations on the international carriage of dangerous goods EU, OSJD and ADR.
=> a coordination and interfacing role
OTIF
The Organisation
OTIF Mission 2/3
• The new OTIF regulations will entail operational consequences: ECM regulations will have to be implemented correctly in order to allow freight trains in cross-border traffic
• There is a need for common understanding of principles and implementation
• OTIF will also have to rely on the States themselves to implement the UTP correctly
• OTIF therefore now has a new role, to exchange, collect and disseminate information on the Member States' activities in the common interest.
=> The Organisation will have to develop a new monitoring role
OTIF
The Organisation
OTIF Mission 3/3
• The aim:• Develop new competencies • Carry out in-depth studies, both technical and legal• Give an opportunity to young experts from non-EU Member States to
work on railway law
• The modalities:• Request for candidates from prominent technical/legal university• Definition of added value task
a young expert programme underway
OTIF
Content
1. OTIF introduction
2. Geographical vision
3. Mission
4. New opportunities
5. New tasks
6. OTIF and EU technical regulations compared
7. The convention and UTP development
8. International mutual acceptance of wagons
Railway Days, Bucharest, 8 October 2013 14
OTIF
The Organisation
OTIF New opportunities 1/6
EU accession to COTIF
• The EU’s accession to COTIF in July 2011 is an opportunity to develop uniform railway law
• EU and OTIF have a complementary approach• COTIF CIM and CIV are based on a contractual philosophy• EU law is by nature public law• With regard to technical regulation, OTIF has a bridging role, in order to ensure
interoperability on the largest possible scale
=> Development of OTIF relies on a consensus based approach
OTIF
The Organisation
OTIF New opportunities 2/6
Renewed relationship with ERA
• ERA is developing safety and interoperability concepts and regulations under the control of EU Member States and the Commission
• Defining priorities: • A roadmap for the transposition of the TSI• Setting up efficient working relations• Upstream involvement of non EU contracting states• Cooperation on registers
=> Final phase of negotiation of an AA with ERA and the Commission
OTIF
The Organisation
OTIF New opportunities 3/6
Base level: Application of APTU and ATMF •Compliant separate assessment
Level 1: Freight wagons•UTPs GEN-A to GEN-G
•UTP WAG, UTP NOI
•RIV equivalence
Level 2: Passenger carriages•UTP PAS, SRT, PRM•Safety management provisions
•RIC equivalence (?)
Level 3: Interoperability at Train level•UTP LOC•UTP OPE •UTP ENE•RINF•Register of types of vehicles
•Signalling•Certification of RU/Driver
Level 4: Infrastructure•UTP INF • Infrastructure and operational harmonisation on corridors
Exchange of vehicles Interoperability
OTIF to assist with legal and technical implementation where requested
UTP roadmap
OTIF
The Organisation
OTIF New opportunities 4/6
Relation with ERA: the principles
• Regular management level meetings
• Developing rules of procedure for early involvement of OTIF
• Setting up a process for consultation of non-EU Member States
• Arrangement in order to coordinate vehicle registers and information
=> Ensure full compatibility and wider vision
OTIF
The Organisation
OTIF New opportunities 5/6
Foster railway industry
• Developing application of CIM and compatibility with OSJD rules will contribute to developing freight traffic, in particular by incorporating part of 1520 technical regulations
• Secure railway investment by giving technical regulations a wider scope
• Uniform maintenance and approval procedures will facilitate the development of industry
• Help the development of IT standards
=> Obtain input from our Contracting States to improve regulations and develop technical
standards
OTIF
The Organisation
OTIF New opportunities 6/6
Adapt location of OTIF to new chalanges
• Need for more regular contacts - ad-hoc workshops and training sessions - with Member States
• Reduce overheads for fostering expertise
• Closer work with ERA and non-EU Member States
• Attract high profile experts from a large spectrum of Member States and organisations
• Ease travel and meeting organisation.Þ Define an optimal locationÞ Foster efficiency and budget use through well positioned
headquarters.
OTIF
Content
1. OTIF introduction
2. Geographical vision
3. Mission
4. New opportunities
5. New tasks
6. OTIF and EU technical regulations compared
7. The convention and UTP development
8. International mutual acceptance of wagons
Railway Days, Bucharest, 8 October 2013 21
OTIF
The Organisation
OTIF New tasks 1/4
Extension of CUI
• Scope: contract of use of railway infrastructure for the purposes of international carriage within the meaning of the CIV UR and the CIM UR
• Contract = basis for relations between infrastructure manager and carrier:• liability of the infrastructure manager:• for bodily loss or damage (death, injury or any other physical or mental harm),• for loss of or damage to property (destruction of, or damage to, movable or
immovable property),• For pecuniary loss resulting from damages payable by the carrier under the CIV
Uniform Rules and the CIM Uniform Rules
=> The application of CUI will be extended to provide security for railway undertakings and infrastructure managers
OTIF
The Organisation
OTIF New tasks 2/4
Redefinition of the rail facilitation
• Involvement of OTIF in the UNECE process for unified railway law:• There is a need for general transport contracts (GTC)• Interoperability issues must be addressed.
• A business oriented strategy involving our Member States in partnership with EU, CIT and UIC:
• Identify tests on freight corridors: Asia/Middle East/Euro-Mediterranean area
• Review deficiencies and opportunity for development.
=> The rail facilitation process could foster the development of corridors with legal and technical coordination
OTIF
The Organisation
OTIF New tasks 3/4
Standard contracts for ECM
Competent authority
Keeper
ECM RU
Maintenance data
Operational data
Technical file
Maintenance file
VKM
Admission to operation
OTIF CS in which the wagon is operatedOTIF CS in which ECM and/or keeper is located
OTIF
The Organisation
OTIF New tasks 4/4
Standard contracts for ECM
• The ECM regulations require exchanges of information between RU and ECM, even though they may have no contractual relationship
• The RU remains in charge of safety• GCU must be developed to take these matters into account• CUV should be able to cope with these questions
Þ OTIF is the right place to develop within CUV a common understanding in order to ensure that critical information for safety and operation is available.
Þ A new working group was created to modernise CUV with input from EU, CER, UIP, UIC and NSAs
OTIF
Content
1. OTIF introduction
2. Geographical vision
3. Mission
4. New opportunities
5. New tasks
6. OTIF and EU technical regulations compared
7. The convention and UTP development
8. International mutual acceptance of wagons
Railway Days, Bucharest, 8 October 2013 26
OTIF
OTIF technical regulations compared to EU rail regulations
APTU /ATMF
UTPs
EN Standards, UIC leaflets, etc.
Interop.& Safety
Directives
TSIs
EN Standards, UIC leaflets, etc.
Differences in objectives
Functional and technical requirements
(equivalent not identical)
Means of compliance(identical)
Railway Days, Bucharest, 8 October 2013 27
OTIF Railway Days, Bucharest, 8 October 2013
In a nutshell
EU interoperability + opening of supply market + competition between railway operators
Uninterrupted movement of trains across EU borders(operating across borders under uniform rules, without changing train configuration or staff)
OTIF Promote, improve and facilitate international trafficCirculation of rail vehicles in more than one state
Applies only to international traffic(The EU objectives are compatible, but also the exchange of vehicles at border crossing stations fits
the definition)
28
OTIF
Content
1. OTIF introduction
2. Geographical vision
3. Mission
4. New opportunities
5. New tasks
6. OTIF and EU technical regulations compared
7. The convention and UTP development
8. International mutual acceptance of wagons
Railway Days, Bucharest, 8 October 2013 29
OTIF Railway Days, Bucharest, 8 October 2013
TechnicalPrescriptions
Appendix F
APTUUniform Rules
concerningthe Validationof Technical
Standards andAdoption of
Uniform TechnicalPrescriptionsapplicable to
Railway Materialintended
to be usedin International
Traffic
AdmissionProcedure
Appendix G
ATMF Uniform Rules
concerningthe TechnicalAdmission of
Railway Materialused
in InternationalTraffic
OTIF Technical Admission
COTIF 1999
COTIF
Convention concerning
International Carriage by Rail
Appendix А
CIVUniform Rules
concerningthe Contract
of International
Carriageof Passengers
by Rail
Appendix B
CIMUniform Rules
concerningthe Contract
of InternationalCarriageof Goods
by Rail
Appendix C
RIDRegulation concerning
the International Carriage
of Dangerous GoodsBy Rail
Appendix D
CUVUniform Rules
concerningContracts of Use
of Vehiclesin International
Rail Traffic
Appendix E
CUIUniform Rules
concerningthe Contracts
of Useof Infrastructurein International
Rail Traffic
30
OTIF
Uniform Technical Prescriptions, ATMF Annexes and Registers adopted, and in force.
GEN-AEssential requirements
GEN-DAssessment Procedures
(Modules)
GEN-EAssessing Entity –
Qualifications and Independence
GEN-G (revised)Common Safety Methods (CSM)Risk evaluation and assessment
UTP NOIRolling Stock - Noise
UTP WAGFreight Wagons
(revised)
Appendix GATMF
GEN-BSubsystems
GEN-CTechnical File
Appendix FAPTU
Annex ACertification and Auditing of
Entities in Charge of Maintenance (ECM)
Annex BRequirements and Procedure
for Derogations
National Vehicle Register (NVR)
Vehicle Keeper Marking (VKM)
OTIFRegisters
Uniform formatof certificates
ECM / ECM certification bodies
Register of admitted types
Railway Days, Bucharest, 8 October 2013 31
OTIF Railway Days, Bucharest, 8 October 2013
Peter Sorger+ 41 31 359 10 26
[email protected] www.otif.org
Gryphenhübeliweg 30, CH - 3006 Bern
Thank you very much for your attention!
32