1. Transportation of postal items by rail 12 October 2016, Bucharest,
European railway business in a global environment
Cesare Brand, Secretary General (CIT)

2. 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 about 130 railway undertakings and maritime companies as full members and more than 80 companies through the associated members (VöV, VDV, TBNE, Eurail, IVT, 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.
Old Railway undertakings 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.

3. Potential for parcel transportation between China and Europe by rail

4. Development of E-commerce in China

5. Freight traffic between China and Europe
Proportion Duration Convention ~90% > 40 days Haag-Visby/Hamburg Rules < 10% 1 day Montreal Convention ~1% ~15 days National law, COTIF/CIM, SMGS

6. Opportunities & challenges for railway companies
Eurasian Freight Corridors - An existing market with potential
Freight traffic China-Europe
~90% Sea / 40 days
<10% Air / 1 day
~1% Railway / ~15 days
~30 Freight trains per week 6

7. Rules for postal transports by rail
Relevant organisations
are working together to define the legal framework for postal transport by rail on the Eurasian corridors
MoU between UPU, CIT and CCTT ( )

8. Scope of application of COTIF/CIM and SMGS
Situation on 1 August 2016
SMGS
CIM
CIM + SMGS
Membership
suspended
Associate
Member

9. POST CN (DO(O))/OEForwarder Forming or acceptance of a parcel by DO(O)
Interaction between postal and rail regulation
CIT: CIM/SMGS Consignment Note
Post D (DO/OE)
Con-signee?
15-17 days (in future – 10 days)
POST CN (DO(O))/OEForwarder 3 3
RU 2 3
UPU: CN 37, CN 34, CP 83
RU 1 4
Forming or acceptance of a parcel by DO(O) 4 2 4
Buyer/Con-signee 6
Buyer/Con-signee
ULE
CN Post
SELLER/ Consignor 5
SELLER/ Consignor?
Buyer/Con-signee
Return Merchandise Service (RMS)
DE Post

10. Use of Common CIM/SMGS consignment note
Implements both contracts of carriage
Recognised as a customs and bank document
Does not undermine the CIM/SMGS liability conditions
The “sum” of the CIM and SMGS consignment notes
Based on:
- Article 6 § 8 CIM + Article 6 § 11 and 7 § 15 SMGS
- Layout based on the United Nations Layout
- Key for trade documents

11. Electronic CIM/SMGS Consignment note as next step
Legal and functional specifications:
Last update – 1st October 2013;
Revision by the CIM/SMGS Legal and Experts Group;
Key issues: enforceability of standard clauses (applicable law, place of jurisdiction and duration / amendment / termination of the EDI contract) + accompanying documents in e-form (lack of legal basis);
Functional Specifications:
new edition 1st January 2016
Legal Specifications:
under revision by the SMGS Experts
Technical Specifications:
No update since issuance May 2009;
Revision by the ad hoc technical Expert Group

12. Solutions to increase railway competitiveness:
GTC Eurasia as instrument on contractual level
General Terms and Conditions for EurAsia Rail Transport Contracts of the CIT
(GTC EurAsia)
Point 3 - of the UNECE Political Declaration
Framework contract - for participating railways (on different corridors)
Applicable law - mandatory provisions of the national law shall apply
Precondition – opting-in through the participating railways (for example DB, PKP Cargo, BC, RZD and CCTT or GETO)
Legal basis - international private law (IPR)

13. Unified Rail Transport Law
Solutions to increase railway competitiveness:
UNECE Joint Declaration
Joint Declaration on the promotion of Euro-Asian Rail Transport and activities towards Unified Railway Law (26 February 2013, Geneva)
Important step towards a solution to unify different legal regimes
State of play: Draft of relevant legal provisions to be included into a new international legal railway regime for transmission to the forthcoming session of the Inland Transport Committee (24–26 February 2015).
CIT strongly invites the states and stakeholders to coordinate their work for consistent legal layers - for the benefit of a performant transport logistic and the competitiveness of the railway transportation.
SMGS
COTIF/CIM
Unified Rail Transport Law

14. Status of the project
Two postal transport pilots between China (Harbin) and Russia (Moscow) on passenger trains successful
Pilot to transport postal items from China (Chongqing) to Germany (Duisburg) by container train in preparation by the end of the year
Launch of several new rail/post services between China and Europe in 2017
(US Postal Train)

15. Success key for rail carriage of postal items
Good quality of transport infrastructure and liable services
Competitive prices
Strong collaboration between postal organisations, customs, railways and customers
Use of existing and proved transport and postal documents (paper and in short digital)
Reduction of administrative burdens
Stable and fair legal framework

16. Thank you for your attention!
Cesare Brand
Secretary General CIT
Tel: 
For further information,
visit 