UNECE Inland Transport Committee Working Party on Intermodal Transport and Logistics Sixteenth session Geneva, 23 – 24 November 2017 Cesare Brand Secretary General

The CIT 130 railway undertakings and maritime companies as full members 6 associated members Association under Swiss law with legal personality Objectives: Implementation of the COTIF and European law that has an impact upon transport law Standardisation of the contractual relationship between carriers and between carriers and their customers for passenger and freight traffic Representation of its members’ interests with the authorities and other organisations The CIT is an association bringing together more than 200 railway undertakings and maritime companies (around 130 full members and more than 80 members through the associated members: VöV, TBNE, IVT, VDV, Eurail, ATOC). Its headquarters, like the OTIF, are in Bern. It covers Europe from East to West, the Black Sea region and the Maghreb. Members are all railway undertakings performing international carriage of passengers and/or goods. Railway undertakings with historical rolling stock and new entrants are members, too. The members are based in EU Member States or States outside the EU. The CIT helps to implement the law at the undertakings level. These laws are mainly the international COTIF law (CIV and CIM Uniform Rules) but also European laws that have an impact on transport law (i.e. the Regulation concerning passenger rights). CIT’s helps to achieve increased efficiency and cost savings thanks to legal certainty and standardisation. Because membership is limited to railway undertakings (i.e. no infrastructure managers) it is able to effectively represent the interest of RU.

CIT – International Rail Transport Committee Agenda Item 2: Workshops –Railways, Intermodal Transport and the Digitalisation of Transport Documents 1. Work of CIT in the field of Multimodality 2. Digitalisation of Rail Transport Documents

CIT – International Rail Transport Committee 1. Work of CIT in the field of Multimodality

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Reality CMR CIM SMGS Montréal Geneva Convention 1980 on multimodality Hague, Visby, Rotterdam Rules CMNI CMR CIM SMGS Montréal Geneva Convention 1980 on multimodality

COTIF: “Rail +” approach CIM Art. 1 §3 / CIV Art. 1 §2 : When international carriage being the subject of a single contract includes carriage by road or inland waterway in Internal traffic of a Member State as a supplement to transfrontier carriage by rail, these Uniform Rules shall apply CIM Art. 1 § 4 / CIV Art. 1 § 3: When international carriage being the subject of a single contract of carriage includes carriage by sea or transfrontier carriage by inland waterway as a supplement to carriage by rail, these Uniform Rules shall apply if the carriage by sea or inland waterway is performed on services included in the list of services provided for in Article 24 § 1 of the Convention. Applies to multimodal transportation by rail and national road or international sea leg For the Application of COTIF/CIM on multimodal rail/road transportation it is decisive whether the goods are unloaded from the vehicles or not (then CIM is applicable and not CMR) whether road-transportation is only a supplement to transfrontier carriage by rail (then CIM is applicable and not CMR)

Scope of application COTIF Situation 25 July 2017 All COTIF appendices (42) Without CUV/CUI/ APTU/ATMF (2) Without CIV/RID/ CUV/CUI/APTU/ ATMF (2) Membership suspended Associate Member

CIT Legal Solutions for Multimodal Transport: Rail-Road (I) Scope of application CIM/CMR/SMGS

CIT Legal Solutions for Multimodal Transport: Rail-Road (II) Cooperation with IRU: Guideline comparing the legal regimes CMR - COTIF/CIM – SMGS, published in 2017 Comparative matrix CMR/CIM/SMGS – multimodal Rail-Road traffic

CIT Legal Solutions for Multimodal Transport: Rail-Sea (I) GTC Rail – Sea Traffic: to promote solution based on the approach of the CIM commercial models: sea carrier acts as contractual or successive carrier GTC joint-contracting + specialities of sea carriages Recommendation Status Since 2015

CIT Legal Solutions for Multimodal Transport: Rail-Sea (II) CIT Boilerplate contract for Rail-Sea traffic Model of successive carriers: maritime carriers can appear as successive carriers Structure: Objective of the contract Obligations Procedures related to carriage Compensation Applicable law, jurisdiction, general provisions Since 2016, DE/FR/EN/RU

CIT Multimodality: Further Steps Rail – Road: Development of Checklist for road-rail combined traffic based on practical case examples from CIT and IRU members Examination by CIT Members and discussion with IRU Rail – Sea: Promotion GTC Rail-Sea Traffic Pilots routes using boilerplate contract Further development of multimodal solutions in the CIT Products

CIT – International Rail Transport Committee 2. Digitalisation of Rail Transport Documents

CIT: Digitalisation of Transport Documents e-Consignment Note CIM e-Wagon Note CUV e-Formal Report CIT20 e-Consignment Note CIM/SMGS Participation in the Projects: CER-CIT-EIM-UIC: Roadmap for Digital Railways EU Digital Transport and Logistics Forum (DTLF) UNESCAP

Electronic consignment note CIM (ECN) Publication of the four CIT Manuals on 1st of January 2017 CIT has finalised the legal and functional specifications for the e-Consignment note CIM and e-Wagon note CUV based on Art. 6 § 9 CIM and Art. 14.2 GCU Publication on 1st January 2017 Implementation of the EU Customs Code by 1st May 2016  Approval in correspondence at the CIM Committee in October 2016 and publication on 1st January 2017 Collaboration with RailData for finalising the technical specifications in the eRailFreight Project of the UIC Judicial recognition of digital (transport) documents In 2017: Report to the Stakeholders: (OTIF, DG Move)  Electronic consignment note  Judicial recognition of digital (transport) documents  Electronic formal damage report (CIT 20)

CIT: Electronic Wagon Note CUV GLV-CIM / GLW-CUV: The possibility to establish a Wagon Note CUV in an electronic form The procedures used must be equivalent from the functional point of view Functional and legal requirements: Message flows Message Content and rights to access the data Printer output Disruption/Computer System Downtimes

CIT: Electronic Formal Report CIT20 Amending Article 42 §2 CIM for the electronic formal report Further steps: Working Group CIM – discussion on implementation of electronic formal report New working sheets to the GTM-CIT for digitalisation of CIT20 (Appendix 20) Definition of functional and legal specifications in the new Appendix 20b GTM-CIT Integration accompanying documents to the electronic consignment note

CIT/OSJD: Electronic Consignment Note CIM/SMGS Functional specifications: updated based on the revision of SMGS (1 January 2016) Legal specifications: updated in 2016 Technical specifications: finalised on expert level October 2017 Coming into force: 1 of January or 1 of July 2019

Cesare Brand General Secretary Tel: +41 31 350 01 93 E-mail: cesare.brand@cit-rail.org www.cit-rail.org