OTIF

ORGANISATION INTERGOUVERNEMENTALE POUR LES TRANSPORTS INTERNATIONAUX FERROVIAIRES

ZWISCHENSTAATLICHE ORGANISATION FÜR DEN INTERNATIONALEN EISENBAHNVERKEHR

INTERGOVERNMENTAL ORGANISATION FOR INTERNATIONAL CARRIAGE BY RAIL

OTIF: Technical and legal

compatibility with the European market

Secretary General of OTIF

François Davenne

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The Organisation’s mission: Unified railway law to connect Europe, Asia and Africa

OTIF

OSJD

OTIF & OSJD

OTIF & EUOTIF & OSJD & EUGCC

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UIC 1435mm and 1520/1524mm gauge (as at 01.05.2014)

1435mm gauge (UIC Standard gauge) 1520/1524mm gauge Others or multiple gauge widths

Multiple gauge widths including 1435mm gauge

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The Staff

• Legal department: 3 experts responsible for private law issues

• Technical department: 3 experts responsible for implementing uniform prescriptions compatible with EU law.

• RID department: 2 experts coordinating regulations on the international carriage of dangerous goods

Secretariat – OrganigramApplicable from 14/04/2014

Communication

N S. Flûckiger (CH) Communication/PressA. Elkaroubi (MA) – Young expert

Management

F. Davenne Secretary General (F)C. Del Olmo Counsellor(E)

Executive Secretariat :F. Jäggi (CH) – IT/ Protocol

Translation

D. Ashman (GB)J. Meenken (D)E. Croner (F)

Administration and Finances

C. Nébati (F)S. Burri (CH) Accounts/BuildingF. Jäggi (CH) – IT/ ProtocolR. Waber-Niederhauser (CH) - HRV. Smiljanić (CH) Secretariat / support IT/ WebsiteE. Kabamba (CH) Secretariat /Travel

Dangerous Goods

J. Conrad (D)K. Guricová (SK)

Railway Technology

B. Leermakers (NL)P. Sorger (SK)D. Nesic (SRB)J. Hampl (CZ) – Young expert

Law

C. Del Olmo (E)E. Hammerschmiedová (CZ)I.P. Gries (F)D. Galushko (UA) – Young expert

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The partnerships

• Third circle: Professional and user associations in the rail sector

• Fourth circle: Professional associations outside the rail sector

• Second circle: preferred partners• First circle: Member States and/or member cooperation organisations of OTIF

Member States

EU

Member States

EU

International organisations (OSJD,UNECE...)

ERA CIT

International organisations (OSJD,UNECE...)

ERA CIT

CER Railnet Europe

UNIFE

UIP

Dangerous goods industry

CER Railnet Europe

UNIFE

UIP

Dangerous goods industry

WCO

ITJ

FIATA

WCO

ITJ

FIATA

OTIFOTIF

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The Tasks

• CIM/CIV/CUV/CUI : Developing standard contracts to help define liability regimes for:

- Passengers;

- Freight;

- Use of Vehicles;

- Use of the Infrastructure.

These Uniform Rules are developed with CIT, UIP, UIC, OSJD and UNECE

• ATMF/UTP: Ensuring technical compatibility for rolling stock with CER, EU, ERA and UIC

• RID department: coordinating regulations on the international carriage of dangerous goods with EU, OSJD and UNECE (ADR/ADN).

=> a coordination and interfacing role

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One geographical vision: a unified legal framework

• The Convention concerning International Carriage by Rail offers all States and regional economic integration organisations a "neutral" legal framework.

• The Gulf Cooperation Council has recently signed a MOU with OTIF.

• Common approaches will facilitate cooperation, investments and operations.

• Development of "interface law« .

• Framework providing legal and geographical flexibility centred on the European market place.

OTIF

OSJD

OTIF & OSJD

OTIF & EUOTIF & OSJD & EUGCC

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The specific characteristics of OTIF

European Union:

- Technical rules for interoperability and safety

-Internal regulation of transport contracts

- Implementation of liberal regulations for the rail market.

OSJD:

- Technical rules for interoperability and safety

-Internal regulation of conditions of transport

-Administrative regulation of the rail market.

OTIF:

Regulations on international rail transport

- Technical rules for interoperability/dangerous goods

-Regulation of transport contracts

- No prerequisite for regulating the rail market.

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An example : developing uniform freight contracts for Eurasia

OTIF OSJD

CIM:Regulatory model

contract

Contract of carriage/Consignment note

Detailed provisions developed

by the sector

Detailed provisionsestablished

through regulations

Regulatory model contract

CIT

SMGS

How to develop a contract of carriage

/ a singleconsignment note?

UNECEOTIF/OSJD

Common annex:Regulatory model contract

Eurasian

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Maritime lines to develop the railways’ hinterland: The example of CIM lines in the Baltic Sea

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CIM lines in Mediterranean sea : Europe as hinterland

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Removing obstacles to international traffic

• Freight transport by rail is the most appropriate way to carry goods over a long distance. However, many obstacles hinder the proper functioning of international rail transport:

• These obstacles must be overcome for the railways to deliver goods in a transparent, economical, fast and secure manner.

=> To this end, OTIF considers that obstacles should be listed through the study of 3 corridors:

1. A corridor for land transport only between Russia/China and Germany

2. A corridor passing through Turkey – with an intermodal part on the Black Sea – as an attempt to carry goods by train from Pakistan to Europe, via Iran

3. A Euro-Maghreb corridor between Tunisia and Morocco, crossing Algeria, with possible links to EU corridors and reaching Northern European markets via the Iberian Peninsula.

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The EU’s accession to COTIF

• The EU’s accession to COTIF in July 2011 is an opportunity to develop uniform railway law

• EU and OTIF have a complementary approach :

– COTIF CIM and CIV are based on a contractual philosophy;

– EU law is by nature public law;

– With regard to technical regulation, OTIF has a bridging role, in order to ensure interoperability on the largest possible scale.

=> OTIF provides a level playing field for freight by rail

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The administrative arrangements between ERA/Commission/OTIF of 24 October 2013

• ERA is developing safety and interoperability concepts under the control of

the EU Member States and the Commission.

• Definition of common priorities:

– a road map for the transposition of the technical specifications for

interoperability;

– setting up effective working relations;

– prior involvement of the States parties that are not EU members;

– cooperation on registers.

=> Involvement of the non Member States of the EU for a uniform

technical environment.

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A road map towards interoperability

Exchange of vehicles InteroperabilityExchange of vehicles Interoperability

OTIF to assist with legal and technical implementation where requestedOTIF to assist with legal and technical implementation where requested

2009

2015

2017

2020

2013

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Verification Admission Operation

Main actors for verification, admission and operation

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Principles of the relationship between OTIF and the Commission/ERA

• Regular management level meetings

• Organisation of joint workshops: first workshop organised in Bonn on 6 February 2014 on the inter-vehicle interfaces for passenger coaches

• Put in place a procedure for the consultation and participation of non EU Member States in ERA's work

• Agreement on coordinating the vehicle registers and exchanges of information.

=> Ensure total compatibility and a broader vision

OTIF

ORGANISATION INTERGOUVERNEMENTALE POUR LES TRANSPORTS INTERNATIONAUX FERROVIAIRES

ZWISCHENSTAATLICHE ORGANISATION FÜR DEN INTERNATIONALEN EISENBAHNVERKEHR

INTERGOVERNMENTAL ORGANISATION FOR INTERNATIONAL CARRIAGE BY RAIL

Thank youfor your attention

Secretary General of OTIF

François Davenne