Management and Development of Inter-modality and Maritime Transport. Major international transport policies, national and regional

Transcription

1 Management and Development of Inter-modality and Maritime Transport Major international transport policies, national and regional

2 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

3 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 position Draft to Parliament position

4 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 4

5 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.

6 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 and Recommendations for River Information Services Recommendation on electronic chart display and information system for inland navigation (Inland ECDIS)

7 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 on Technical Requirements for Inland Navigation Vessels Road & rail Council Directive 96/53/EC ammended by DIRECTIVE (EU) 2015/719 Weighs and dimensions Directive on Safety on the Community's railways 2004/49/EC Interoperability directives on the interoperability of the rail system within the Community 2008/57/EC

8 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 International Maritime Traffic (FAL) 1965 International Convention on Load Lines (LL), 1966

9 HRS management in the transport sector 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

10 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

11 Concepts and definitions Bills of Lading Through Bill of Lading Dirty B/L FCL or CY LCL Flat Rack Containers Free Alongside Ship Free 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)

12 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

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14 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

15 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

16 THE BILL OF LADING The functions 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

17 Bill of Lading

18 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

19 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

20 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)

21 Rotterdam rules (cont) Network liability system vs unimodal liability system 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

22 22 Legal complexity 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 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

23 International and European Regulators International: 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)

24 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 EUwide 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

25 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)

26 Fluvial Ferrovia Rodovia modal split at main european seaports

27 Modal split across Europe

28 Modal split across Europe

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