1. Joint Conference CIT / IRU
Bern, 5 September 2013

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

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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

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

11. 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

12. 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

13. 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

14. 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

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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

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

26. 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

27. 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

28. 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

29. 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

30. 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

31.
(c) International Road Transport Union (IRU) 2013