Management and Development of Inter-modality and Maritime ... · Intermodal framework •Hague Visby Rules (Brussels 1924) •Budapest Convention on the Contract for the Carriage

Management and Development of

Inter-modality and Maritime

Transport

Major international transport policies, national and regional

Areas for (de)regulation

• Infrastructures : ports, terminals, intermodal yards, roads, railways

• Transport hardware: vessels, inland vessels, trucks, trains

• Skills and knowledge, certification

• Contracts for carrying goods

Regulation on infrastructure• DIRECTIVE 2014/23/EU on the award of concession contracts -

Ports

• REGULATION (EU) No 1316/2013 establishing the Connecting Europe Facility – ports (including dry ports)

• European Agreement on Main Inland Waterways of International Importance (AGN), of 19 January 1996

• Central Commission for the Navigation of the Rhine (CCNR)

• Block Exemption Regulation of December 2013 –state aid

• Regulation Proposal on Port Services 2013 /CO)Council positionDraft to Parliament position

New Concessions Directive (2014/23/EU )

Concessions: Long-term contracts to transfer a right of exploitation of services or infrastructure (e.g. water, electricity, highways infrastructure)

Economic risk remains with the operator remunerated by the users

Advantages of having a legal framework:

Legal certainty

Transparency and more open business opportunities

Flexibility

Impartiality and judicial protection

Legal framework Applies main principles

(transparency, equal treatment, competition)

Ex-ante and ex-post transparency

No pre-defined procedure

Risk of "national gold-plating" when defining procedures

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REGULATION (EU) No 1316/2013 establishing the Connecting Europe Facility

• effective interconnectivity across borders – cross-border links, and between modes –multimodal platforms;

• effective interoperability – wide deployment and interoperability of intelligent traffic management systems;

• and enhanced safety and environmental friendliness of transport infrastructure –by promoting innovative technological developments.

• The Court of Auditors found in 2012 that Structural Funds invested in EU port facilities have limited added value if they are not connected as multimodal nodes to the trans-European, national and regional transport networks.

Infrastructure – inland waterways

• UN AGN Agreement of 1996 is a European Agreement on main inland waterways of international importance.

• Recommends the requirements for existing waterways, modernization and construction of waterways in Europe

• Guidelines andRecommendations for RiverInformation Services

• Recommendation on electronic chart display and information system for inland navigation (Inland ECDIS)

Technical Regulation: hardware

Inland Navigation

• Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC of the European Parliament and of the Council COM/2013/0622

• UNECE Recommendations onTechnical Requirements for Inland Navigation Vessels

Road & rail

• Council Directive 96/53/EC ammended by DIRECTIVE (EU) 2015/719 – Weighs anddimensions

• Directive on Safety on the Community's railways 2004/49/EC

• Interoperability directives on the interoperability of the rail system within the Community2008/57/EC

Technical Regulation: hardware maritime

• Solas Convention 1974

• Marpol Convention 1973 and Protocols of 1978 and 1997

• Convention for Safe Containers (CSC 1972)

• Convention on Facilitation of InternationalMaritime Traffic (FAL) 1965

• International Convention on Load Lines (LL), 1966

HRS management in the transportsector

• Recommendations on Minimum Requirements for the Issuance of Boatmaster’s Certificates in Inland Navigation with a view to their Reciprocal Recognition for International Traffic – UNACE -IW

• STCW Convention and Manila Protocol

• MLC 2006

• Public consultation on RECOGNITION AND MODERNISATION OF PROFESSIONAL QUALIFICATIONS IN INLAND NAVIGATION (UE)

• Directive 2007/59/EC – Train drivers

• Directive 2003/59/EC of the European Parliament and of the Council – truck drivers

Intermodal framework• Hague Visby Rules (Brussels 1924)

• Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI)

• Carriage of goods by road Act 1965 (CMR)

• CMR – liability of carrier even in piggyback transport (unless stated otherwise)

• CMR – liability management with successive carriers

• COTIF – Convention concerning International Carriage by rail

Concepts and definitions

• Bills of Lading

• Through Bill of Lading

• Dirty B/L

• FCL or CY

• LCL

• Flat Rack Containers

• Free Alongside ShipFree Carrier (FCA)

• Free On Board (FOB)

• Cost, Insurance and Freight (CIF)

• Freight Forwarder

• Consignee

• Consignment

• Consolidation

• Packing List

• Transshipment

• Twenty-Foot Equivalent Unit (TEU)

• Forty-Foot Equivalent Unit (FEU)

INCOTERMS

Intermodal

• EXW : Ex Works

• FCA: Free Carrier

• CPT: Carriage paid to...

• CIP: Carriage ans Insurance paid to...

• DAT: Delivered at Terminal

• DAP: Delivered at place

• DDP: Delivered duty paid

Martime and inland warterways

• FAS: Free alongside ship

• FOB: Free on board

• CFR : Cost and Freight

• CIF : Cost Insurance and freight

Maritime legal framework• Brussel Convention (Hague Rules) on the carriage of goods by sea.

• Ample scope for carrier escaping from liability

• Limitation of liability

• Visby Protocol

• Hamburg rules – rebalancing liability between parties – may be adopted through a “paramount clause”

• National legislations to clarify rules only

• National legislations on secondary level only

Maritime legal framework• The concept of General Average

• Particular average vs general average

• York and Antwerp Rules

• Typical cases for general average regulations

• The UN Convention on International Multimodal Transport

• Scope and reasons for an unsucessful outcome

THE BILL OF LADING

Receipts

Document transferring constructive possession

Document of title

A potentially transferable carriage contract

A global jurisdiction

Each carrier chooses jurisdiction

Main differences to a charter party

• The functions

Bill of Lading

Rotterdam Rules• Participation of P&I Clubs

• General provisions

• New definition : from one place to another

• Scope of application : a broader concept

• One of the state’s a contracting partner: condition for application

• Includes trough transport contracts

• electronic communication

• Obligations of the carrier (with a broader definition of carrier)

• liability of the carrier for loss, damage, or delay

Rotterdam rules• Introduces the concept of pure economic loss

• Although limited, the concept of economic loss due to delay is also introduced.

• Widens the liability due to delay

• Adopts the Hamburg Rules for monetary amounts

• Carrier can still limit his liability

• Differences between hatch and deck carriage

• Higher liability for owner/charterer

• Liability extended to other modes of transport

Rotterdam rules (cont.)• Ocean liner service agreements (within a fixed

period)

• Increased obligations for shippers as well

• Carrier liable for acts and/or omissions of a third party.

• Introducing electronic transport records in order to speed up changes, reduce errors and reduce costs (perishable goods)

• Ocean leg based (sea plus other mode)

Rotterdam rules (cont)

• Network liability system vs unimodal liabilitysystem

• Present status: HVR to ocean freight and CMR to other modes (yes, CMR to inland and rail freight)

• RR fails to address liability problem when the source mode cannot be identified

• RR doesn´t provide an integrated solution but rather an attempt to integrate unimodal solutions

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Legal complexityRotterdam 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 road+ 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

COTIF/CIM - Article 1 § 3, Article 1 § 4 rail+ concept

Contractual solutions:- Bridging the different conventions on contractual base

- Common base are the trade contracts and contractual freedom

- Mutual recognition of transport documentation

- Network liability (Art. 26 RR)

- Using international law principles

- Interlinking the different sector organisations and secretariats

2013-09-05

International and EuropeanRegulatorsInternational: UNCLOS 1982

IMO- Maritime safety and pollution Conventions

ILO – Maritime Human Resources Conventions

“Maritime” States- as flag states – ship register

Maritime States- as coastal states PSC – Paris MOU

Maritime States – as country of residence of seafarers

Classification societies

CIT - Comité international des transports ferroviaires -

• ERA – European Railway agency

• National railway agencies

• INEA – Innovation and networks executive agency

• Central Commission for the Navigation of the Rhine (CCNR)

The 2011 European Transport White paper• Emphasizing mobility

• Four main drivers: sustainable, Integrated (all modes), User-friendly, Technology led

• Optimising the performance of multimodal logistic chains, including greater use of energy-efficient modes

• 30% of road freight over 300 km should shift to other modes by 2030, and more than 50% by 2050

• A fully functional and EU-wide multimodal TEN-T ‘core network’ by 2030

• By 2050, connect all core network airports to rail; all seaports to rail freight and, where possible, inland waterway

Intermodal software• ERMTS (THE EUROPEAN RAIL TRAFFIC MANAGEMENT

SYSTEM)

• Intelligent Transport Systems (ITS)

• SafeSeaNet

• River information services (RIS)

• Blue belt project

• e-Freight initiative for paperless and intelligent logistics

• STTP : Strategic Transport Technology Plan (COM(2012)501)

Fluvial Ferrovia Rodovia

modal split at main european seaports

Modal split across Europe

Modal split across Europe