CIT Products for Progressive Convergence of the CIM… · 08-09-10 1 UIC Regional Assembly for...

08-09-10 1

UIC Regional Assembly for Middle-East (RAME)3rd MeetingAmman, Jordan, 7-8 May 2008

CIT Products for Progressive Convergence of the CIM/SMGS in the Context of the International Railway Corridors between Europe and Asia

Dr. Erik EvtimovLegal Adviser / Coordinator CIM-SMGS

08-09-10 2

The CIT

120 railway undertakings

Association under Swiss law located in Bern

Tasks:1. Implementation of COTIF for

practical use2. Standardisation of contractual

relationships

3. Representation of the interests of members to authorities and other associations

08-09-10 3

Railway organisations

Standards

Transport Law

Politics

Infrastructure

08-09-10 4

Scope of COTIF

ESPT

FR

IE GB

NOSE FI

LVLT

PL

UA

RO

SKCZ

DENL

CH

IT

MATN

ATSI H

R

MK BG

GR TR

SYIR

DK

HU

AL

DZ

BAMC

FL

RS

IQLB

LUBE

08-09-10 5

COTIF

Convention concerningInternational Carriage by Rail

Protocol on the Privileges andImmunities of OTIF

Appendix A

UR CIV

Uniform Rulesconcerning the

Contract for International

Carriage ofPassengers by Rail

Appendix B

UR CIM

Appendix C

RID

Regulations concerning the International Carriage of

Dangerous Goods by Rail

Appendix D

UR CUV

Uniform Rulesconcerning the

Contracts ofUse of Vehicles inInternational Rail

Traffic

Appendix E

UR CUI

Uniform Rulesconcerning theContract of UseOf InfrastructureIn International

Rail Traffic

Appendix F

UR APTU

Uniform Rulesconcerning theValidation of

Technical Standardsand the Adoption ofUniform Technical

Prescriptionsapplicable to

Railway Material intended to be used

in InternationalTraffic

Appendix G

UR ATMF

Uniform Rulesconcerning the

Technical Admissionof Railway Material

used in InternationalTraffic

Vilnius Protocol 1999

Uniform Rulesconcerning theContract forInternational Carriage of Freight by Rail

08-09-10 6

Corridors Europe - Asia

08-09-10 7

Scope of CIM und SMGS

08-09-10 8

Kiew 2003

Conference on international rail transport law (Kiev, 21/22 October 2003)Follow-up Programme

III. Use a uniform/joint consignment note

„The aim is to make available a uniform consignment note which can be used in through transport and which is sufficient for modern requirements, in Russian, English and, if possible, German. Various initiatives are already available, from which the most suitable model should be selected. This measure should have top priority and should achieve a result within one year. CIT has already said they should be willing to take on this task.“

08-09-10 9

Customer requirements:

• Improvement in the CIM/SMGS interface

• Drawing up of a common CIM/SMGS consignment note

• Introduction on specific Trans-European corridors, e.g. Corridor II (Berlin – Moscow), Corridor III (Dresden – Kiev) or Corridor V (Milan –Kiev/Moscow)

• Demand driven approach

• Both customers and railways had the same objectives

08-09-10 10

CIT & OSJD Answers:

• CIT/OSJD Project “Transport Law Interoperability CIM/SMGS”

• Creation of a common CIM/SMGS consignment note which provides evidence of the existence of both contracts of carriage, and which is

• recognised as a customs and bank document which can be used without restriction in the customs territories of the EU-EFTA and Russia, Belarus and Ukraine, and which

• does not compromise the liability provisions.• Since 1. 9. 2006 in force!

08-09-10 11

Project: Legal interoperability CIM/SMGS

Phase 1:A common CIM/SMGS consignment note

Phase 2:A unique claim handling mechanism

Phase 3:A single Eurasian Rail Transport Law

08-09-10 12

Competence for consignment note

Art. 6 § 8 CIM

The international associations of carriers shall establish uniform model consignment notes in agreement with the customers’international associations and the bodies having competence for customs matters …

08-09-10 13

Common CIM/SMGSconsignment noteSpecimen

08-09-10 14

Mostiska II

25 July 2006

08-09-10 15

Mostiska II

08-09-10 16

Further improvements: Wagon and container lists

08-09-10 17

Electronic common CIM/SMGS consignment note

• Legal basis for the electronic exchange of consignment note data:– Article 6 § 9 CIM: based on functional equivalence– Article 7 § 14 SMGS: based on an agreement between the carrier

and the customer

• The following provisions are still being worked on:– Transmission of messages– Content of messages– Legal specifications– Functional specifications– Technical implementation

08-09-10 1808-09-10 18

The second stage of the project• Drafting of harmonised CIM-SMGS provisions for liability of the legal

relationships between the– customer and carrier– carriers themselves

• Balanced solutions and priorities• Guideline to the liability clauses in the CIM and SMGS

– Section I: Summary of the most important basic principles and the differences of the liability CIM and SMGS

– Section II: Table comparing the liability clauses in the CIM with those in the SMGS including a brief commentary by the CIM/SMGS Legal Group

• Common CIM/SMGS formal report• Legal presumption following reconsignment• CIM/SMGS claims handling rules

08-09-10 1908-09-10 19

Common CIM/SMGS formal reportSpecimen

08-09-10 20

Two legal areas one single law

SMGS/SMPSSMGS/SMPS

COTIFCOTIF

EurasianEurasian RailRail Transport Transport LawLaw

08-09-10 21

Eurasian Rail Transport law

1. CIM and SMGS as basis and starting point2. Attention paid to the different legal cultures3. Freedom for higher liability standards

Legal interoperability from Atlantic to the Pacific

Thank you for your attention!