jean-pierre lehman, legal director dangerous goods transport by rail in the euro-asien trade...

Jean-Pierre Lehman, Legal Director

Dangerous goods transport by rail in the Euro-Asien trade (RID-SMGS)

UNECEInland Transport Commitee

Geneva, March 1st, 2011

Roundtable discussion on “Transport of dangerous goods : global and regional dimensions”.

Presentation of UIC, Roundtable UNECE – Geneva – March 1st, 2011Presentation of UIC, Roundtable UNECE – Genève – 1er March 2011

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Plan of the presentation

> UIC: the International Union of Railways- Mission

- 200 members on all continents

- In 2011 : a continuous expansion

- Main partners of the UIC in Europe

> UIC Supporting the developing of intercontinental links

> Rail transport law for the dangerous goods

> CIM and SMGS states

> Development of the Legal and technical interoperability- Improvements obtained

- Expected improvements

> Conclusions


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UIC Mission

Promoting the development of rail transport

at world level,

in order to meet challenges

of mobility and sustainable development

UIC: the International Union of RailwaysUIC: the International Union of Railways


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> 200 members on all continents

>Members are:

Railways

Rail operators

Infrastructure managers

Railway service providers

Public transport companies

UIC: the International Union of RailwaysUIC: the International Union of Railways


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> 82 active members:Railways, railway infrastructure managers, railway operators, from Europe, Russia, the Maghreb, the Middle East, Kazakhstan, India, Pakistan, Japan, China, Korea, South Africa

> 82 associate members:Including railways in Asia, Africa, America, Australia

> 36 affiliate members:Companies conducting activitiesconnected with rail transport publictransport, sleeping cars, caterers,other railway bodies, …

UIC: The International Union of RailwaysUIC: The International Union of Railways


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Members Active Associate Affiliate

2011: a continuous expansion



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Main partners in Europe : international NGOs

> CER : Community of European Railway and infrastructure companies(Brussels-BE)

> CIT : International rail Transport Commitee (Bern-CH)

> FIATA : Federation of Freight Forwarders Associations (Glattbrugg-CH)

> OSJD : Organization for Cooperation of Railways (Warzaw -PL)

> UIP : International Industry Union of Private wagons (Brussels-BE)

> UIRR : International Union of Combined Road-Rail Transport companies(Brussels-BE)

> UNIFE : Union of the European railway industries (Brussels-BE)



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> OTIF: Intergovernmental Organisation for International carriage by rail. (Bern –CH)

> OSJD (or OSShd) : Organization for Cooperation of Railways. (Warzaw-PL)

> CCTT : Coordinating Council on Trans-Siberian Transportation

> ERA : European Railway Agency - European Union (Valenciennes – FR).Member States, in connection with the CER (Community of

EuropeanRailway and infrastructure companies).

> UNECE : United Nations Economic Commission for Europe (Genf-CH).


Main partners in Europe : international NGOs


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UIC supporting the development of intercontinental links UIC supporting the development of intercontinental links

1. Provide a platform for exchange for all interested stakeholders.

2. Collect existing information on corridors (including terminals, accessibility and harbours) and establish links with other associations and existing working groups.

3. Coordinate process towards interoperability in terms of infrastructure, technical conditions (rolling stock, signalling), operations, security, information flow/communication and railway law (integrate and support work of OTIF, CIT, OSJD, CCTT).

4. Commit key stakeholders to form project consortium and facilities demonstration phase.

1. Provide a platform for exchange for all interested stakeholders.

2. Collect existing information on corridors (including terminals, accessibility and harbours) and establish links with other associations and existing working groups.

3. Coordinate process towards interoperability in terms of infrastructure, technical conditions (rolling stock, signalling), operations, security, information flow/communication and railway law (integrate and support work of OTIF, CIT, OSJD, CCTT).

4. Commit key stakeholders to form project consortium and facilities demonstration phase.


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Rail transport law for dangerous goods Rail transport law for dangerous goods

OTIF- Vilnius Protocol 1999 - COTIF (Convention concerning International carriage by rail) : CIM (appendix B)

RID : Dangerous goods (Appendix C to COTIF).

Legislation of the European Union

Directive 2008/68/CE – Inland transport of dangerous goods

OSJD (or OSShd) : SGMS : Agreement on international goods transport by Rail) :

Dangerous goods (Appendix 2 to SGMS).

CIM and SMGS statesCIM and SMGS states


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Development of legal and technical interoperabilityDevelopment of legal and technical interoperability

Improvements obtained (1/2)Improvements obtained (1/2)

- Finalisation by the CIT and by the OSJD of a CIM/SMGS Traffic Manual, with a common consignment note for freight traffic in the Euro-Asian trade. CIM and SMGS offers the legal bases to develop an electronic consignment note.

- Elimination of extra costs for activities that provide no extra value.- Higher levels of legal certainty for all participants.- Shorter transit time.- The consignment note is recognised as a banking document if a letter of credit is used.

In 2010, the common consignment note CIM/SMGS was used on more than 50 regular relations of traffic.

- Finalisation by the CIT and by the OSJD of a CIM/SMGS Traffic Manual, with a common consignment note for freight traffic in the Euro-Asian trade. CIM and SMGS offers the legal bases to develop an electronic consignment note.

- Elimination of extra costs for activities that provide no extra value.- Higher levels of legal certainty for all participants.- Shorter transit time.- The consignment note is recognised as a banking document if a letter of credit is used.

In 2010, the common consignment note CIM/SMGS was used on more than 50 regular relations of traffic.


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Improvements obtained (2/2)Improvements obtained (2/2)

- However, the difficulties of the Euro-Asia interoperability naturally involves the dangerous goods but number of problems to be resolved concerns the transport of the goods generally. It is what comes out again from the conference organised by the UIC in 2010 in St Petersburg. This one showed the numerous initiatives of the economic actors.

- Current examination of the RID (appendix C COTIF) by OTIF and OSJD and of the appendix 2 of the SMGS to identify the adaptations to be achieved to ensure the technical and legal interoperability of the railway transport euro-Asia.

- Harmonization is already well advanced, since the restructuring of the RID after 2000, but important difficulties remain, resulting in particular from differences in the organization of responsibilities, the construction of tanks, etc.

- However, the difficulties of the Euro-Asia interoperability naturally involves the dangerous goods but number of problems to be resolved concerns the transport of the goods generally. It is what comes out again from the conference organised by the UIC in 2010 in St Petersburg. This one showed the numerous initiatives of the economic actors.

- Current examination of the RID (appendix C COTIF) by OTIF and OSJD and of the appendix 2 of the SMGS to identify the adaptations to be achieved to ensure the technical and legal interoperability of the railway transport euro-Asia.

- Harmonization is already well advanced, since the restructuring of the RID after 2000, but important difficulties remain, resulting in particular from differences in the organization of responsibilities, the construction of tanks, etc.



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Expected ImprovementsExpected Improvements

- The competitiveness of rail must be increased by integrating information flows and simplifying administrative cross-border processes. For this reason, the CCTT will initiate a new permanent Working group which will be supported by UIC.

- Concerning the transportation of dangerous goods, we should be informed this year of 2011, results of the examination of the RID (Appendix C of the COTIF) and of the appendix 2 of the SMGS. It will then be possible to organise legal and technical interoperability that is very sensitive from the points of view of safety and security.

- The continuation of the harmonization of regulations is a necessity not only to develop railway, but also intermodal or multimodal transportation of dangerous goods.

- The competitiveness of rail must be increased by integrating information flows and simplifying administrative cross-border processes. For this reason, the CCTT will initiate a new permanent Working group which will be supported by UIC.

- Concerning the transportation of dangerous goods, we should be informed this year of 2011, results of the examination of the RID (Appendix C of the COTIF) and of the appendix 2 of the SMGS. It will then be possible to organise legal and technical interoperability that is very sensitive from the points of view of safety and security.

- The continuation of the harmonization of regulations is a necessity not only to develop railway, but also intermodal or multimodal transportation of dangerous goods.



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Conclusions (1/2)Conclusions (1/2)

In spite of the peculiarities of transport of dangerous goods, the problems to be resolved first and foremost to develop the exchanges between Europe and Asia, are as well identified as are also the actions to be led today.

The railway undertakings repeatedly expressed themselves publicly on the subject, in particular in 2010 during the "Berner Tage" organized by the “International Rail transport Committee”. On this occasion, the so-called "Appeal from Bern" was launched to different international jurisdictions such as the European Union (Commission, European parlement and the Council), the OTIF, the OSJD and the UNECE. This call requests coordination and harmonisation of their respective legislative activities in the fields where these overlap whenever it is intended to adopt new legislation.

In spite of the peculiarities of transport of dangerous goods, the problems to be resolved first and foremost to develop the exchanges between Europe and Asia, are as well identified as are also the actions to be led today.

The railway undertakings repeatedly expressed themselves publicly on the subject, in particular in 2010 during the "Berner Tage" organized by the “International Rail transport Committee”. On this occasion, the so-called "Appeal from Bern" was launched to different international jurisdictions such as the European Union (Commission, European parlement and the Council), the OTIF, the OSJD and the UNECE. This call requests coordination and harmonisation of their respective legislative activities in the fields where these overlap whenever it is intended to adopt new legislation.


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Conclusions (2/2)Conclusions (2/2)

This appeal is organized around 5 principles:

1. For carriage under equivalent circumstances, railway undertakings require standardised law of carriage with standardised legal terminology.

2. Overlapping legal regimes must not compete with each other or block each other; rather they should be coordinated so that they complement rather than contradict each other.

3. The railways require simple, comprehensible legislation which can be easily applied both by them and by their customers, even when several legal regimes complement each other.

4. For the sake of legal certainty, once statutes have been passed, the law must remain unchanged for a certain period of time.

5. In the preparatory process of EU legislation the EU Commission should provide a maximum of transparency.

This appeal is organized around 5 principles:

1. For carriage under equivalent circumstances, railway undertakings require standardised law of carriage with standardised legal terminology.

2. Overlapping legal regimes must not compete with each other or block each other; rather they should be coordinated so that they complement rather than contradict each other.

3. The railways require simple, comprehensible legislation which can be easily applied both by them and by their customers, even when several legal regimes complement each other.

4. For the sake of legal certainty, once statutes have been passed, the law must remain unchanged for a certain period of time.

5. In the preparatory process of EU legislation the EU Commission should provide a maximum of transparency.


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Thank you for your kind attention

Jean-Pierre Lehman,www.uic.org

http://www.uic.org/

jean-pierre lehman, legal director dangerous goods transport by rail in the euro-asien trade...

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