Joint Conference CIT / IRU Bern, 5 September 2013

Political and legal environment of Multimodality for the road transport industry Bern, 5 September 2013 Jean Acri Head Customs Affairs

This is the IRU (c) International Road Transport Union (IRU) 2013

Evolution of IRU Membership 2013: 170 Members in 74 countries 2013: 170 Members in 74 countries 1948: eight founder countries …and 26 CRIPA Members in 22 countries (c) International Road Transport Union (IRU) 2013

What is Globalisation? What does it take to have a cup of coffee in a café? The combined efforts of 29 companies in 18 countries Road Transport has become a vital production tool! Source: IRU 5

These are also the priorities of the IRU Academy IRU Priority Issues Sustainable Development Innovation Incentives Infrastructure Facilitation Trade Tourism Road Transport These are also the priorities of the IRU Academy (c) International Road Transport Union (IRU) 2013

IRU’s 3 " i " strategy to achieve Sustainable Development 1. Innovation – develop ever more effective “at-source” technical measures & operating practices to reduce environmental impact. 2. Incentives – encourage faster introduction by transport operators of best available technologies and practices. 3. Infrastructure – ensure free-flowing traffic through adequate investment in new infrastructure, to remove bottlenecks and missing links and make full use of existing infrastructure. (c) International Road Transport Union (IRU) 2013

Multimodality: Political environment and challenges The IRU and its Members are in favour of multimodal transport for capacity reason. Current challengers should be addressed through the IRU 3 ”i”s (c) International Road Transport Union (IRU) 2013

Real Business Incentives No vehicle taxes / tolls for CT road vehicles (A, B, D, F, UK, CZ, SK) Exempt CT road vehicles from traffic bans (A, D, CZ) Flexible terminal opening times (c) International Road Transport Union (IRU) 2013

Real Business Incentives Mutually recognised terminal access cards Compensation for delays (c) International Road Transport Union (IRU) 2013

Since 1975 the TIR convention has been open to multimodal transport. Real Business Incentives Since 1975 the TIR convention has been open to multimodal transport. Facilitate the handling of containers or RO/RO vehicles under TIR procedures in terminals. (c) International Road Transport Union (IRU) 2013

Adequate infrastructure is needed Adequate Hinterland road connections Safe and secure parking Sufficient storage space for transported goods (c) International Road Transport Union (IRU) 2013

Innovative Modular Concept – The Solution for Co-Modality Reduction of transport cost by 23% Reduction in number of trips by 32% Reduction of fuel consumption by 15% Reduction of CO2 emission by 15% BETTER TRANSPORT rather than MORE TRANSPORT (c) International Road Transport Union (IRU) 2013 13

Letting swap bodies swap Harmonisation and standardisation of loading units allows intra- and intermodal exchangeability Road - Rail The Modular Concept - Letting swap bodies swap Road - Road Road - Sea (c) International Road Transport Union (IRU) 2013 14 14

Legal environment for international road transport The CMR Convention (c) International Road Transport Union (IRU) 2013

International Carriage by Road under the CMR Objectives of the CMR to harmonise contractual conditions to contribute to facilitating the carriage of goods using the CMR consignment note to contribute to harmonising competitive conditions ---------------------------------------------------------------------- The texts: the 1956 CMR 1978 Protocol (SDR) Additional “e-CMR” Protocol in 2008 (entered into force in 2011) (c) International Road Transport Union (IRU) 2013

International Carriage by Road under the CMR Geographical scope of the CMR Applies to every contract for the international carriage of goods by road between two different countries of which at least one is a contracting country. (c) International Road Transport Union (IRU) 2013

International Carriage by Road under the CMR How the CMR fits into the general legal environment National legislation Contractual area General environment customs transport social new technologies (c) International Road Transport Union (IRU) 2013

International Carriage by Road under the CMR The scope of the CMR Taking over of the goods Delivery Transport + the international consignment note + incidents en route + claims and compensation for delay, damage and loss Loading/ unloading/ charges ? National legislation General conditions (c) International Road Transport Union (IRU) 2013

International Carriage by Road under the CMR The framework of the CMR Contract between the sender and the carrier for the international carriage of goods by road for reward addresses multimodality: applies to carriage by ferries and using combined transport for door to door movements covers successive movements excludes all contradictory clauses (c) International Road Transport Union (IRU) 2013

CMR applies to the whole carriage: International Carriage by Road under the CMR Multimodal elements (Art. 2) CMR applies to the whole carriage: Which is carried over by sea, rail, water way, air. But liability of the road carrier is determined: By CMR if act or omission by the road carrier; By the applicable modal Convention if: The damage or delay can only result from an incident during the transport by the other means of transport. If the road carrier is also the other modal carrier: Liability determined as if they were 2 different persons. (c) International Road Transport Union (IRU) 2013

If carriage by successive carriers: International Carriage by Road under the CMR Successive carriers (Art. 34 – 40) If carriage by successive carriers: Each carrier is Party to the contract and is therefore liable for the entire transport. Each successive carrier notes his acceptance / reservations on the Consignment Note. Legal actions for delay, damage, loss: Only to first or last carrier Or carrier in charge when damage occured. (c) International Road Transport Union (IRU) 2013

If one carrier pays compensation: International Carriage by Road under the CMR Successive carriers (Art. 34 – 40) (cont’d) If one carrier pays compensation: Full recovery against the responsible road carrier If several responsible road carriers: Pro rata If responsible road carrier unknown: Proportionality amongst all involved (c) International Road Transport Union (IRU) 2013

Computerisation: A must for CMR Additional Protocol on the CMR Convention on the Electronic Consignment Note In force from 5 June 2011 An important step towards paper-less system! (c) International Road Transport Union (IRU) 2013

e.CMR Contracting Parties (c) International Road Transport Union (IRU) 2013

e.CMR - Principles e.CMR applies to the contract itself (Consignment Note, declarations, instructions, reservations, ...) e.CMR Consignment Note = Paper Consignment Note: Same value – same effect Conditions for the e.CMR Consignment Note: Authenticated signatures Data Integrity – unaltered – tracked Detection and identification of changes Implementation of the e.CMR Consignment Note: Contract between the Parties (c) International Road Transport Union (IRU) 2013

CMR and general conditions General Conditions of Carriage to complement the CMR are very useful to ensure: the transparency of contractual relationships the prevention of disputes  in November 2011, the IRU revised its: IRU General Conditions for the International Carriage of Goods by Road IRU General Conditions for the International Carriage of Goods by Road and Logistic Services Outline Agreement for the International Carriage of Goods by Road Outline Agreement for the International Carriage of Goods by Road and Logistic Services (c) International Road Transport Union (IRU) 2013

To prepare for the future (Rotterdam Rules) IRU General Conditions for the International Carriage of Goods by Road - principal changes To prepare for the future (Rotterdam Rules) 1. General Conditions and conclusion of the contract for the international carriage of goods by road 1.1 Every contract (…) shall be governed by the CMR (…) even if said contract is in the framework of performing a contract for the international carriage of goods wholly or partly by sea. To ensure commercial transparency 1.3 Services ancillary (…) shall be listed in an estimate stipulating the offer’s validity. (c) International Road Transport Union (IRU) 2013

Use of information technology IRU General Conditions for the International Carriage of Goods by Road - principal changes Use of information technology 3 Use of electronic consignment notes 3.1 The Parties to the contract of carriage grant the possibility to issue and use the CMR consignment note by electronic communication and authenticated by a reliable electronic signature or by any other electronic authentication method permitted by the law of the country in which it was made. 3.2 The electronic consignment note has the same legal and commercial value, including the evidentiary value, and has the same effects as if it were in paper form. (c) International Road Transport Union (IRU) 2013

Use of information technology IRU General Conditions for the International Carriage of Goods by Road - principal changes Use of information technology 4 Declaration obligations of the Carrier and Sender and electronic data transmission 4.1 (…) the Sender undertakes to provide any data pertaining to security or safety which the carrier… (…) (c) International Road Transport Union (IRU) 2013

www.iru.org (c) International Road Transport Union (IRU) 2013