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Building the wider Black Sea Area railway land bridge Seamless Railway – maritime transportation

Building the wider Black Sea Area railway land bridge Seamless Railway – maritime transportation Cesare Brand, Secretary General CIT CLUB FEROVIAR 8-9 October 2013, Bucharest. Comité international des transports ferroviaires (CIT): www.cit-rail.org.

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Building the wider Black Sea Area railway land bridge Seamless Railway – maritime transportation

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  1. Building the wider Black Sea Area railway land bridge Seamless Railway – maritime transportation Cesare Brand, Secretary General CIT CLUB FEROVIAR 8-9 October 2013, Bucharest

  2. Comité international des transportsferroviaires (CIT): www.cit-rail.org • 200 railway undertakings and shipping companies • Association under Swiss law, located in Bern • Tasks: • Implementation of COTIF and EU law for practical use • Standardisation of contractual relationships • Representation of the interests of members to authorities and other associations

  3. 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) • COTIF/CIM 1999 – tailor-made rail+ solution • CMR 1956 – mode-on-mode solution • Rotterdam Rules 2009 – new multimodal maritime+ solution? • The way ahead: Complete multimodal services door-to-door

  4. Rotterdam Rules and the land conventions CMR, SMGS, COTIF/CIM 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 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 SMGS – just on railway lines between railway stations! COTIF/CIM - Article 1 § 3, Article 1 § 4 rail+ concept

  5. The context: the CIM and SMGS rules in the wider black sea area SMGS CIM CIM + SMGS

  6. North – south and east – west Black sea region Odesa Kavkaz Constanza Varna Poti Bat’umi Samsun Derince : Existing rail-sea lines : future possible rail-sea lines

  7. Issue: Legal duality for East – West rail transport CIM (Uniform Rules concerning the Contract of International Carriage of Goods by Rail - Appendix B to COTIF) Annex to the main convention Consensual contract Contractual freedom Consignment note design within the competence of RUs Joint and several liability SMGS (Agreement on International Goods Transport by Rail) Main convention Formal contract Obligation to set and publish tariffs and to carry Consignment note defined in SMGS itself Individual liability

  8. Solution: An overview of the CIM/SMGS consignment note

  9. Next step: Electronic consignment note

  10. Contract of carriage for rail-sea traffic under COTIF/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)

  11. Next step: GTC Rail-Sea Traffic of the CIT

  12. Conclusions • Different legal layers as obstacle • CIM/SMGS Consignment note as contribution for seamless Transport • GTC Rail-Sea Traffic as a further step for more multimodality!

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