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

Comité international des transports ferroviaires (CIT):  200 railway undertakings and shipping companies  Association under Swiss law, located in Bern  Tasks: 1.Implementation of COTIF and EU law for practical use 2.Standardisation of contractual relationships 3.Representation of the interests of members to authorities and other associations

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

4 International railway law: COTIF main 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 COTIF Convention concerning International Carriage by Rail _______________________ Protocol on privileges et immunities of OTIF Vilnius Protocol

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 )

Special COTIF/CIM liability rules for rail-sea 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

Single Contract of carriage: the CIM consignment note 7  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)

Kavkaz Poti Derince Bat’umi Odesa Samsun Varna Constanza Example: Black sea region

9 Contract of carriage of goods under SMGS agreement  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

10 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

Multimodal solutions for global trade 1% global trade by green transportation by rail is not enough: We have to cooperate!