1. Doc.dr.sc. Iva Savić Zagreb, March 19 2018
rail transport
Doc.dr.sc. Iva Savić
Zagreb, March

2. International rail transport
RAIL TRANSPORT MARKET (UNTIL 1990s)
RAILWAY OPERATOR
railway undertaking + infrastructure management = state owned > national monopol
market losses due to growth of importance of road transport > state-aid
STRATEGICAL AND POLITICAL SIGNIFICANCE
transport of raw materials
connecting territories and peoples
mostly national transport
railway infrastructure – natural monopol > no competition
EU – 1991… – first steps of liberalizing market… final goal: Single European Railway Area (SERA)

3. terminology RAILWAY UNDERTAKING INFRASTRUCTURE MANAGEMENT
any public or private undertaking licensed according to Directive 2012/34/EU, the principal business of which is to provide services for the transport of goods and/or passengers by rail (EU definition)
Rail transport undertaking; railway copmany; 'train operator' /TOCs (train operating companies) (UK)
RAILWAY OPERATOR - the company responsible for operating a train
INFRASTRUCTURE MANAGEMENT
Railway enterprise, state or private owned, that plans, operates and develops state railway network
* INTEGRATED COMPANY= railway transport operator (railway undertaking) also being an infrastructure manager

4. Terminology – cont.’d Railway network vs. Railway infrastructure
= railway stations + terminals + service facilities + railway tracks
INFRASTRUCTURE
= all the railway lines and fixed installations so far as these are necessary for the compatibility with and safe circulation of railway vehicles and other railway material (also see Regulation (EC) No 851/2006)
Railway VEHICLE
runs on its own wheels on railway lines, with or without traction; composed of one or more structural and functional subsystems or parts of such subsystems

5. Carriage of goods by rail

6. CIM
Convention concerning International Carriage by rail (COTIF), – Appendix B (CIM – Uniform rules concerning the contract of international carriage of goods by rail )
consensual agreement
bill of lading – proof of concluded contract, issuance upon request, free form
damages : total or partial loss, total or partial damage, delay (regardless of infrastrucutre)
time period of carrier’s liability:
time of taking over of the goods - time of delivery
transit period being exceeded
whatever railway infrastructure used

7. Cim - carrier’s liability
strict liability (train is a dangerous good)
general reasons :
(1) fault of the person entitled, by an order given by the person entitled other than as a result of the fault of the carrier,
(2) inherent defect in the goods (decay, wastage etc.)
(3) circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.
> burden of proof: carrier
special risks (7)
listed in art. 23/3
reasoning: higher risk proved (does not apply in case of delay)
limitation: 17 SDR/kg lost or damaged freight

8. Carriage of passengers by rail

9. CIV
Convention concerning International Carriage by rail (COTIF), – Appendix A (CIV – Uniform rules concerning the contract of international carriage of passangers by rail )
international unification:
different national perspectives – slow ratification
method – only undisputed questions are unified, for other issues it reffers to national rules
Conventional (COTIF-CIV) minimum + (different) national law maximum
liability grounds:
a) contract of carriage -objective
b) extra contractual liability – presuming carriers responsibility
amounts of compensation – the most disputed issue
liability limitation: SDR (COTIF) + more (national rules)
Regulation EU 1371/2007 – comprehensive regulation of passengers rights

10. Rail transport – Eu framework

11. Single European Rail Area
First package (2001)
– rail infrastructure: access to the trans-European network (non-discriminatory)
Second package (2004)
– improving safety, interoperability and opening up of the rail freight market (from 2007) + establishing ERA
Third package (2007)
– opening up international passenger transport market (2010), regulating passenger rights and certification of train crews
*regulatory harmonization in Croatia, 2013 (Zakon o željeznici, Zakon o podjeli trgovačkog društva HŽ, Zakon o sigurnosti i interoperabilnosti željezničkog sustava, Zakon o Agenciji za regulaciju tržišta željezničkih usluga)
Fourth package (2016)
– market pillar+technical pillar - revitalising rail sector
EU Agency for Railways (replaces and succeeds the European Railway Agency - ERA)
harmonizing national technical rules
developing improved safety culture in Europe
Future (2019): single EU-wide safety certificates for rolling stock and railway undertakings; vehicle authorisations for operation in more than one country

12. Transport community treaty

13. Rail Passenger’s rights

14. Passenger’s rights
Regulation 1371/2007/EC on rail passenger rights and obligations
sets out minimum quality standards that have to be guaranteed to all passengers on all lines
full regulation does not have to be in force in Member States until December 2024 but some ‘core’ provisions already came into force in December 2009
MS have right to exempt domestic rail passenger services from the ‘non-core’ articles for up to five years, with a possilibty to renew it twice (max total period of 15 years)