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Multimodal Transport Legal Solutions: Rail-Road & Rail-Sea

Discussing CIT's work, objectives & legal solutions for multimodal transport by rail, road, and sea. Explore digitalization of transport documents and workshops on this topic.

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Multimodal Transport Legal Solutions: Rail-Road & Rail-Sea

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  1. UNECE Inland Transport CommitteeWorking Party on Intermodal Transport and Logistics Sixteenth session Geneva, 23 – 24 November 2017 Cesare Brand Secretary General

  2. The CIT • 130 railway undertakings and maritime companies as full members • 6 associated members • Association under Swiss law with legal personality • Objectives: • Implementation of the COTIF and European law that has an impact upon transport law • Standardisation of the contractual relationship between carriers and between carriers and their customers for passenger and freight traffic • Representation of its members’ interests with the authorities and other organisations

  3. CIT – International Rail Transport Committee • Agenda Item 2: Workshops –Railways, Intermodal Transport and the Digitalisation of Transport Documents • 1. Work of CIT in the field of Multimodality • 2. Digitalisation of Rail Transport Documents

  4. CIT – International Rail Transport Committee • 1. Work of CIT in the field of Multimodality

  5. Whatourcustumersdream of

  6. Reality • Hague, • Visby, • Rotterdam • Rules • CMNI • CMR • CIM • SMGS • Montréal • Geneva Convention 1980 on multimodality

  7. COTIF: “Rail +” approach • CIM Art. 1 §3 / CIV Art. 1 §2 : When international carriage being the subject of a single contract includes carriage by road or inland waterway in Internal traffic of a Member State as a supplement to transfrontier carriage by rail, these Uniform Rules shall apply • CIM Art. 1 § 4 / CIV Art. 1 § 3: When international carriage being the subject of a single contract of carriage includes carriage by sea or transfrontier carriage by inland waterway as a supplement to carriage by rail, these Uniform Rules shall apply if the carriage by sea or inland waterway is performed on services included in the list of services provided for in Article 24 § 1 of the Convention. • Applies to multimodal transportation by rail and national road or international sea leg • For the Application of COTIF/CIM on multimodal rail/road transportation it is decisive • whether the goods are unloaded from the vehicles or not (then CIM is applicable and not CMR) • whether road-transportation is only a supplement to transfrontier carriage by rail (then CIM is applicable and not CMR)

  8. Scope of application COTIF • Situation 25 July 2017 • All COTIF • appendices (42) • Without CUV/CUI/ • APTU/ATMF (2) • Without CIV/RID/ • CUV/CUI/APTU/ • ATMF (2) • Membership • suspended • Associate • Member

  9. CIT Legal Solutions for Multimodal Transport: Rail-Road (I) • Scope of application CIM/CMR/SMGS

  10. CIT Legal Solutions for Multimodal Transport: Rail-Road (II) • Cooperation with IRU: • Guidelinecomparing the legal • regimes CMR - COTIF/CIM – SMGS, • published in 2017 • Comparative matrix • CMR/CIM/SMGS • – multimodal Rail-Road traffic

  11. CIT Legal Solutions for Multimodal Transport: Rail-Sea (I) • GTC Rail – Sea Traffic: • to promote solution based on the • approach of the CIM • commercial models: sea carrier acts as • contractual or successive carrier • GTC joint-contracting + specialities • of sea carriages • Recommendation Status • Since 2015

  12. CIT Legal Solutions for Multimodal Transport: Rail-Sea (II) • CIT Boilerplate contract for Rail-Sea traffic • Model of successive carriers: maritime • carriers can appear as successive carriers • Structure: • Objective of the contract • Obligations • Procedures related to carriage • Compensation • Applicable law, jurisdiction, • general provisions • Since2016, DE/FR/EN/RU

  13. CIT Multimodality: Further Steps • Rail – Road: • Development of Checklist for road-rail combined traffic based on practical case examples from CIT and IRU members • Examination by CIT Members and discussion with IRU • Rail – Sea: • PromotionGTC Rail-Sea Traffic • Pilots routes using boilerplate contract • Further development of multimodal solutions in the CIT Products

  14. CIT – International Rail Transport Committee • 2. Digitalisation of Rail Transport Documents

  15. CIT: Digitalisation of Transport Documents • e-Consignment Note CIM • e-Wagon Note CUV • e-Formal Report CIT20 • e-Consignment Note CIM/SMGS • Participation in the Projects: • CER-CIT-EIM-UIC: Roadmap for Digital Railways • EU Digital Transport and Logistics Forum (DTLF) • UNESCAP

  16. Electronic consignment note CIM (ECN) Publication of the four CIT Manuals on 1st of January 2017 • CIT has finalised the legal and functionalspecifications for the e-Consignment note CIM and e-Wagon note CUV based on Art. 6 § 9 CIM and Art. 14.2 GCU • Publication on 1st January 2017 • Implementation of the EU Customs Code by 1st May 2016 •  Approval in correspondence at the CIM Committee in October 2016 • and publication on 1st January 2017 • Collaboration with RailData for finalising the technical specifications in the eRailFreight Project of the UIC Judicial recognition of digital (transport) documents • In 2017: Report to the Stakeholders: • (OTIF, DG Move)  Electronic consignment note •  Judicial recognition of digital (transport) documents  Electronic formal damage report (CIT 20)

  17. CIT: Electronic Wagon Note CUV • GLV-CIM / GLW-CUV: • The possibility to establish a Wagon Note CUV in an electronic form • The procedures used must be equivalentfrom the • functional point of view • Functional and legal requirements: • Message flows • Message Content and rights to access the data • Printer output • Disruption/Computer System Downtimes

  18. CIT: Electronic Formal Report CIT20 • Amending Article 42 §2 CIM for the electronic formal report • Further steps: • Working Group CIM – discussion on implementation of electronic formal report • New working sheets to the GTM-CIT for digitalisation of CIT20 (Appendix 20) • Definition of functional and legal specifications in the new Appendix 20b GTM-CIT • Integration accompanying documents to the electronic consignment note

  19. CIT/OSJD: Electronic Consignment Note CIM/SMGS • Functional specifications: • updated based on the revision • of SMGS (1 January 2016) • Legal specifications: • updated in 2016 • Technical specifications: • finalised on expert • level October 2017 • Coming into force: • 1 of January or 1 of July 2019

  20. Cesare Brand General Secretary Tel: +41 31 350 01 93 E-mail: cesare.brand@cit-rail.org www.cit-rail.org

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