Joint Conference CIT / IRU
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Transcript of Joint Conference CIT / IRU
Joint Conference CIT / IRU
Bern, 5 September 2013
Political and legal environment of Multimodality for the road transport
industry
Bern, 5 September 2013
Jean AcriHead Customs Affairs
This is the IRU
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Evolution of IRU Membership
1948: eight founder countries
2013: 170 Members in 74 countries2013: 170 Members in 74 countries
…and 26 CRIPA Members in 22 countries
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What is Globalisation?
Source: IRU
Road Transport has become a vital production tool!
The combined efforts of 29 companies in 18 countries
What does it take to have a cup of coffee in a café?
IRU Priority Issues
Sustainable Development• Innovation• Incentives• Infrastructure
Facilitation• Trade• Tourism• Road Transport
These are also the priorities of
the IRU Academy
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IRU’s 3 " i " strategy to achieve Sustainable Development
1. Innovation – develop ever more effective “at-source” technical measures & operating practices to reduce environmental impact.
2. Incentives – encourage faster introduction by transport operators of best available technologies and practices.
3. Infrastructure – ensure free-flowing traffic through adequate investment in new infrastructure, to remove bottlenecks and missing links and make full use of existing infrastructure.
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Multimodality:Political environment and challenges
• The IRU and its Members are in favour ofmultimodal transport for capacity reason.
Current challengersshould be addressed through the IRU 3 ”i”s
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Real Business Incentives
No vehicle taxes / tolls for CT road vehicles (A, B, D, F, UK, CZ, SK)
Exempt CT road vehicles from traffic bans (A, D, CZ)
Flexible terminal opening times
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Real Business Incentives
Mutually recognised terminal access cards
Compensation for delays
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Real Business Incentives
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Since 1975 the TIR convention has been open to multimodal transport.
Facilitate the handling of containers or RO/RO vehicles under TIR procedures
in terminals.
Adequate infrastructure is needed
Adequate Hinterland road connections
Safe and secure parking
Sufficient storage space for transported goods
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Innovative Modular Concept – The Solution for Co-Modality
Reduction of transport cost by 23%
Reduction in number of trips by 32%
Reduction of fuel consumption by 15%
Reduction of CO2 emission by 15%
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BETTER TRANSPORT rather than
MORE TRANSPORT
Harmonisation and standardisationof loading units allows intra- and
intermodal exchangeability
Road - Rail
Road - Road
Road - Sea
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The Modular Concept-
Letting swap bodies swap
Legal environment for international road transport
The CMR Convention
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International Carriage by Road under the CMR Objectives of the CMR
to harmonise contractual conditions to contribute to facilitating the carriage of goods using the
CMR consignment note to contribute to harmonising competitive conditions
----------------------------------------------------------------------The texts:
the 1956 CMR 1978 Protocol (SDR) Additional “e-CMR” Protocol in 2008 (entered into
force in 2011)
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International Carriage by Road under the CMR Geographical scope of the CMR
Applies to every contract for the
international carriage of goods by road between
two different countries of which at least one is a
contracting country.
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International Carriage by Road under the CMR How the CMR fits into the general legal environment
CMR National legislation
Contractual areaGeneral environment
• customs• transport• social• new technologies
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+ the international consignment note + incidents en route+ claims and compensation for delay, damage and loss
International Carriage by Road under the CMRThe scope of the CMR
Taking over of the goods Delivery
Transport
• National legislation • General conditions
Loading/ unloading/ charges
?
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International Carriage by Road under the CMR The framework of the CMR
Contract between the sender and the carrier for the international carriage of goods by road for reward
• addresses multimodality: applies to carriage by ferries and using combined transport for door to door movements
• covers successive movements
• excludes all contradictory clauses
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International Carriage by Road under the CMR Multimodal elements (Art. 2)
CMR applies to the whole carriage:• Which is carried over by sea, rail, water way, air.
But liability of the road carrier is determined:• By CMR if act or omission by the road carrier;• By the applicable modal Convention if:- The damage or delay can only result from an incident during
the transport by the other means of transport.
If the road carrier is also the other modal carrier:• Liability determined as if they were 2 different persons.
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International Carriage by Road under the CMR Successive carriers (Art. 34 – 40)
If carriage by successive carriers:• Each carrier is Party to the contract and is therefore
liable for the entire transport.• Each successive carrier notes his acceptance /
reservations on the Consignment Note.
Legal actions for delay, damage, loss:• Only to first or last carrier• Or carrier in charge when damage occured.
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International Carriage by Road under the CMR Successive carriers (Art. 34 – 40) (cont’d)
If one carrier pays compensation:• Full recovery against the responsible road carrier• If several responsible road carriers:
Pro rata• If responsible road carrier unknown:
Proportionality amongst all involved
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Computerisation:A must for CMR
In force from 5 June 2011
An important step towards paper-less system!
Additional Protocol on the CMR Convention on the Electronic Consignment Note
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e.CMR Contracting Parties
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e.CMR - Principles
e.CMR applies to the contract itself (Consignment Note, declarations,instructions, reservations, ...)
e.CMR Consignment Note = Paper Consignment Note:Same value – same effect
Conditions for the e.CMR Consignment Note:• Authenticated signatures
• Data
• Integrity – unaltered – tracked
• Detection and identification of changes
Implementation of the e.CMR Consignment Note:• Contract between the Parties
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CMR and general conditions
General Conditions of Carriage to complement the CMR are very useful to ensure:
- the transparency of contractual relationships
- the prevention of disputes
in November 2011, the IRU revised its: • IRU General Conditions for the International Carriage of Goods by Road
• IRU General Conditions for the International Carriage of Goods by Road and Logistic Services
• Outline Agreement for the International Carriage of Goods by Road
• Outline Agreement for the International Carriage of Goods by Road and Logistic Services
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IRU General Conditions for the International Carriage of Goods by Road -
principal changes
To prepare for the future (Rotterdam Rules)
To ensure commercial transparency
1. General Conditions and conclusion of the contract for the international carriage of goods by road1.1 Every contract (…) shall be governed by the CMR (…) even if said contract is in the framework of performing a contract for the international carriage of goods wholly or partly by sea.
1.3 Services ancillary (…) shall be listed in an estimate stipulating the offer’s validity.
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IRU General Conditions for the International Carriage of Goods by Road -
principal changes
Use of information technology3 Use of electronic consignment notes3.1 The Parties to the contract of carriage grant the possibility to issue and use the CMR consignment note by electronic communication and authenticated by a reliable electronic signature or by any other electronic authentication method permitted by the law of the country in which it was made.3.2 The electronic consignment note has the same legal and commercial value, including the evidentiary value, and has the same effects as if it were in paper form.
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IRU General Conditions for the International Carriage of Goods by Road -
principal changes
Use of information technology
4 Declaration obligations of the Carrier and Sender and electronic data transmission4.1 (…) the Sender undertakes to provide any data pertaining to security or safety which the carrier…(…)
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www.iru.org
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