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

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)

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

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

Carriage of goods by rail

CIM Convention concerning International Carriage by rail (COTIF), 1999. – 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

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

Carriage of passengers by rail

CIV Convention concerning International Carriage by rail (COTIF), 1999. – 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: 175 000 SDR (COTIF) + more (national rules) Regulation EU 1371/2007 – comprehensive regulation of passengers rights

Rail transport – Eu framework

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

Transport community treaty

Rail Passenger’s rights

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)