1. Building the wider Black Sea Area railway land bridge Seamless Railway – maritime transportation Cesare Brand, Secretary General CIT CLUB FEROVIAR 8-9 October 2013, Bucharest 2013-06-26G9.891

2. Comité international des transports ferroviaires (CIT): www.cit-rail.org  200 railway undertakings and shipping companies  Association under Swiss law, located in Bern  Tasks: 1.Implementation of COTIF and EU law for practical use 2.Standardisation of contractual relationships 3.Representation of the interests of members to authorities and other associations 27/05/2016 2

3. Intermodal solutions  The idea of integrated multimodal solutions  Modal + modal = multimodal (intermodality, comodality, etc)  Multimodal contracts for different modes of transport  United Nations Convention on International Multimodal Transport of Goods (Geneva, 1980)  Rules for Multimodal transport documents (UNCTAD/ICC Proposals)  COTIF/CIM 1999 – tailor-made rail+ solution  CMR 1956 – mode-on-mode solution  Rotterdam Rules 2009 – new multimodal maritime+ solution?  The way ahead: Complete multimodal services door-to-door 27/05/2016 3

4. Rotterdam Rules and the land conventions CMR, SMGS, COTIF/CIM  Rotterdam Rules: broader scope of application maritime+ -shift from tackle-to-tackle -to door-to-door (multimodal transportation) -more options for different jurisdictions (ports of loading/discharge)  CMR - Article 2 mode-on-mode concept  additional carriage to the road transport by other mode of transport  during the sea or rail part of the carriage the goods stay on the road vehicle  SMGS – just on railway lines between railway stations!  COTIF/CIM - Article 1 § 3, Article 1 § 4 rail+ concept 27/05/2016 4

5. The context: the CIM and SMGS rules in the wider black sea area SMGS CIM CIM + SMGS 27/05/2016 5

6. Kavkaz Poti Derince Bat’umi Odesa Samsun Varna Constanza North – south and east – west Black sea region : Existing rail-sea lines : future possible rail-sea lines 27/05/2016 6

7. Issue: Legal duality for East – West rail transport CIM (Uniform Rules concerning the Contract of International Carriage of Goods by Rail - Appendix B to COTIF) Annex to the main convention Consensual contract Contractual freedom Consignment note design within the competence of RUs Joint and several liability SMGS (Agreement on International Goods Transport by Rail) Main convention Formal contract Obligation to set and publish tariffs and to carry Consignment note defined in SMGS itself Individual liability 27/05/2016 7

8. Solution: An overview of the CIM/SMGS consignment note Implements both contracts of carriageRecognised as a customs and bank documentDoes not undermine the CIM/SMGS liability conditionsThe “sum” of the CIM and SMGS consignment notes Based on: - Article 6 § 8 CIM + Article 6 § 11- Layout based on the United Nations Layout and 7 § 15 SMGS- Key for trade documents 27/05/2016 8

9. Next step: Electronic consignment note CIM Key principle is functional equivalence SMGS Key principle is an agreement between the railways and the customer Outcome of the project Functional, legal and technical specifications drawn up for the electronic CIM/SMGS consignment note EDI contract recommended Phased introduction First stage consignment data sent forward electronically in advance Second stage mixed system Third stage electronic CIM/SMGS consignment note 27/05/2016 9

10. Contract of carriage for rail-sea traffic under COTIF/CIM rules  COTIF/CIM – rail+ agreement  Application to the sea carriage of goods  Legal bases  Art. 1 § 4 CIM: „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.”  Art. 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: a) the CIV list of maritime services, b) the CIM list of maritime services.”  Procedure, Art. 24 § 3 COTIF  COTIF member states shall notify the maritime lines and the shipping company  Two member states are necessary (in the praxis is notification of one member enough)  OTIF Lists CIV and CIM of the maritime lines  Differences with the OTIF Lists on the Art. 1 § 6 CIM (accession to COTIF with CIV and/or CIM lines ) 27/05/2016 10

11. Next step: GTC Rail-Sea Traffic of the CIT General Conditions of Carriage for Rail-Sea Traffic The new GCC rail-sea traffic is based on the GTC CIM and GTC cooperation. It has -a listing of CIM services by sea and maritime carrier -reference documents (tariffs, etc.) -specific conditions of carriage for dangerous goods The new GCC rail-sea traffic primarily govern contractual models in which a maritime carrier takes part in the contract as a contractual or as a successive carrier. Further work in 2013 The model in which the shipping company acts as an auxiliary to the railway undertaking will be covered. CIT/IRU Multimodal Conference on 5 September. The conference will provide inputs for the expert group to consider in the second phase of the work, after 2013. That phase will consider shipping on the high-seas. 27/05/2016 11

12. Conclusions Savings in time and costs Simplification of customs formalities Greater legal certainty Larger share of the market Different legal layers as obstacle CIM/SMGS Consignment note as contribution for seamless Transport GTC Rail-Sea Traffic as a further step for more multimodality!