Dr. Erik Evtimov, Senior Legal Adviser & Project Coordinator CIM/SMGS VIII Int. OSJD Freight Traffic Conference, Odessa, May Practical use of the Common Consignment Note CIM/SMGS

Common CIM/SMGS consignment note “Sum” of the CIM- and SMGS- consignment notes Based on the United Nations Layout Key for Trade Documents Recognition as: –Customs document –Letter of credit

Electronic consignment note CIM/SMGS 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 Electronic consignment note CIM/SMGS: √ Functional specifications √ Legal specifications √ Technical specifications  Practical Implementation – the participating railways (support Raildata / OSJD / CIT)

Further improvements: CIM/SMGS wagon and container lists nach der Sitzung

Use of the common CIM/SMGS consignment note in the TEN Corridors Kaliningrad Budapest Ljubljana Kyjiv Berlin Main z Bucuresti Duisburg Ilsenburg St Ingbert Donec’k Zaporizzja L’viv Zliv Kaluga Třinec Jihlava Kotel Moskva Ž ilina Mladá-Boleslav Praha Bratislava Warszawa Minsk Trieste Kaliningrad Budapest Ljubljana Kyjiv Berlin Main z Bucuresti Duisburg Ilsenburg St Ingbert Donec’k Zaporizzja L’viv Zliv Kaluga Třinec Jihlava Kotel Moskva Ž ilina Mladá-Boleslav Praha Bratislava Warszawa Minsk Trieste

Statistics on the use of the common CIM/SMGS consignment note in Poland, Ukraine and Slovak Republic (FH 2010) 1.Poland Wagon Consignment: 0,80% Container Consignment: 76,97% Total: 54,88% 2.Ukraine Wagon Consignment: 2,2% Container Consignment: 100% Total: 63,96% 3.Slovak Republic Total for Wagon and Container Consignment: 30, 56%

Use of the common CIM/SMGS consignment note in Poland Time periodType of Consignment Consignment Note CIM/SMGS Reconsignment% First Quarter 2010 Wagon698’0410,85 Container16’8675’96473,88 Second Quarter 2010 Wagon10213’0950,77 Container22’5245’82079,47 Total for the first half of 2010 Wagon17121’1360,80 Container39’39111’78476,97 Total39’56232’92054,88 5/14/2015 7

Use of the common CIM/SMGS consignment note in the Slovak Republic Time periodType of Consignment Consignment Note CIM/SMGS Reconsignment% First Quarter 2010 Wagon and Container 12’31127’26531,11 Second Quarter 2010 Wagon and Container 13’90632’30230,09 Total for the first half of 2010 Total Wagon and Container 26’21759’56730,56 5/14/2015 8

Use of the common CIM/SMGS consignment note in the Ukraine Time periodType of Consignment Consignment Note CIM/SMGS Reconsignment% First Quarter 2010 Wagon01930,85 Container727073,88 Second Quarter 2010 Wagon196380,77 Container729079,47 Total for the first half of 2010 Wagon198310,80 Container1’456076,97 Total1’ ,96 5/14/2015 9

Further objectives of the common CIT/OSJD Project “Transport Interoperability CIM/SMGS” Objectives for the next months: extend the application of the common consignment note CIM/SMGS in practice Especially for the transcontinental transportation between Europe and China in transit through Kazakhstan on the Great Silk Rail Road Using for the Container train between Turkey and Central Asia (Haydarpaşa – Almaty / Kazakhstan) Using for the intermodal transportation on the Black Sea Connections between Ukraine, Russian Federation and Turkey

Black Sea multimodal links with the common consignment note CIM/SMGS... Legal base: SMGS? COTIF/CIM – rail+ agreement Article 1 § 4 CIM Uniform Rules: „When international carriage being the subject of a single contract of carriage includes carriage by sea (…) as a supplement to carriage by rail, these Uniform Rules shall apply if the carriage by sea (…) is performed on services included in the list of services provided for in Article 24 § 1 of the Convention.” Article 24 § 1 COTIF: „The maritime (…) services referred in Article 1 of the (…) CIM Uniform Rules, on which carriage is performed in addition to carriage by rail subject to a single contract of carriage, shall be included in two lists: (…) b) the CIM list of maritime (…) services. Procedure: Article 24 § 3 COTIF: - COTIF member states shall notify the maritime lines - Agreement of two member states are necessary - OTIF Lists of the maritime lines

and applicable liability rules for the rail-sea traffic Article 38 § 1 CIM – additional exemptions from the general liability in Article 23 CIM for the rail-sea traffic: –Fire; –Saving or attempting to save life or property at sea; –Loading the goods on the deck; –Perils, dangers and accidents of the sea or other navigable waters Notification from the member states together with the maritime lines Article 23 § 2 CIM – basic rules for the relive of the liability in Article 23 § 1 –Fault of the person entitled –Inherent defect of the goods –Circumstances which the carrier could not avoid and the consequences of which he was unable to prevent (force magiore but not in the sense of the nautical fault of the Haag-Visby) Article 30 § 2 CIM – compensation for loss shall not exceed 17 SDR (about 25 € per kg)