Legal basis and wagon status

Transcription

1 SIAFI April 2007 Workshop Legal basis and wagon status Bernard Schmitt Senior Freight Advisor Joseph Fazik Senior Adviser, EVF Bureau (formerly RIV- RIC) BS CUU SIAFI April

2 Active Associate Affiliate BS CUU SIAFI April

3 Provider Facilitator Developer Organiser BS CUU SIAFI April

4 PROJECTS & ACTIVITIES Infrastructure Freight Combined Transport Passenger Rolling Stock High Speed Environment Quality Safety Security Information Technology Interoperability Signalling Communication Research Terminology Standardisation Economy & Finance Legal Matters Statistics Administration Documentation International Training BS CUU SIAFI April

5 UIC documents are published and distributed by its subsidiary: UIC Leaflets Technical railway reference documents Publications Studies, reports, proceedings of congresses, statistics and railway periodicals Technical and Research reports Standard UIC drawings RIV-RIC BS CUU SIAFI April

6 U I C CODE O Conditions governing the exchange of wagons between railway undertakings 2nd edition: March 2005 (original: F) This leaflet defines the conditions for the exchange of wagons between Railway Undertakings (RUs) for domestic or international freight. It describes the three possible options for technical inspections, which must be performed in accordance with the RIV regulations and with the specific agreements concluded between RUs. The second part of the leaflet focuses on these agreements, with indications concerning exchange procedures, the treatment of defects and related costs. BS CUU SIAFI April

7 U I C CODE Wagon exchanges between RUs must be organised in such a way as to facilitate wagon movements, with emphasis on avoiding train stoppages as far as possible. The exchange shall take place at a location agreed by the RUs concerned. Technical handover inspections to be carried out at the exchange point in accordance with the provisions of RIV, Appendix XII Conditions for the technical handover inspections of wagons. BS CUU SIAFI April

8 Regolamento internazionale veicoli Agreement governing the exchange and use of wagons between railway undertakings The RIV 2000 became applicable on 1 July 2000, with Amendment 4 of 1 January its goal was to lay down conditions enabling vehicles to enter foreign networks without obstacle, and to guarantee operational safety, it defined a simple, pragmatic system used successfully since 1922 (more than 80 years) (ending with the entry into force of the COTIF 99 ~ except technical part) BS CUU SIAFI April

9 The RIV has a legal basis during the transition period as set out in the COTIF. The OCTI document Report by the Central Office on the revision of the Convention governing international carriage by rail of 9 May 1980 and explanatory reports concerning the texts adopted by the 5th General Assembly analyses this point of law as follows: the Appendices to the Uniform Rules for APTU shall contain, in accordance with article 8, as far as is possible and following revision, not only the TU but also the corresponding provisions of the RIV and RIC Regulations and the UIC technical leaflets, which are binding on railways. Because of the different legal basis the TU is an agreement of international public law, whereas the RIV and RIC are agreements between railways the Uniform Rules for APTU cannot make direct provision for a partial repeal of the RIV and RIC. Consequently, 2 is limited to stating the primacy of the technical Appendices of the Uniform Rules for APTU over the RIV and RIC. BS CUU SIAFI April

10 TRANSPORT LAW CIM CIM/SMGS SMGS BS CUU SIAFI April SIAFI-2006 / J.Fazik

11 C O T I F 1999 Intergovernmental convention governing international carriage by rail Annexe A Annexe B Annexe C Annexe D Annexe E Annexe F Annexe G CIV CIM RID CUV CUI APTU ATMF BS CUU SIAFI April

12 C U V The Appendices to the COTIF: Uniform Rules concerning Contracts of Use of Vehicles in International Rail Traffic A T M F Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic A P T U Uniform Rules concerning the validation of Technical Standards and the Adoption of of Uniform Technical Prescriptions applicable to Railway Material intended for use in International Traffic BS CUU SIAFI April

13 EUROPEAN UNION Directive 2004/49/EC: on the safety of the Community s railways and modifying Directive 95/18/EC of the Council concerning the licensing of railway undertakings, as well as Directive 2001/14/EC concerning the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification Directive 2004/50/EC : modifying Directive 96/48/EC of the Council concerning the interoperability of the trans-european high speed railway system and Directive 2001/16/EC of the European Parliament and of the Council concerning the interoperability of the trans-european conventional rail system Regulation (EC) no. 881/2004: setting up a European Railway Agency BS CUU SIAFI April

14 Technical prescriptions Classification Approval/registration Use WAGON LAW: provisions States TU RIP CUV APTU ATMF TSI Entry into force of the COTIF 1999 Entry into force of APTU technical appendices/tsi Companies (RUs and wagon keepers) RIV UIC Leaflet 433 UIC Leaflet 992 GCU BS CUU SIAFI April

15 Changes to the system The progressive phasing-out of the RIV regulations is due: - to the liberalisation of freight traffic in Europe - and the reduced importance of national considerations - to railway reform in Europe - the transformation of state-owned railways into independent companies - to the EU rules governing competition - non-discriminatory treatment of all wagons - to the new COTIF, - which, alongside the abrogation of the obligation to carry, no longer makes a distinction between railway wagons and private wagons BS CUU SIAFI April

16 CONTRAT UNIFORME D UTILISATION des WAGONS Allgemeiner Vertrag für Anwendung der Güterwagen General Contract of use for wagons BS CUU SIAFI April

17 CUU AVV GCU - entered into force on 1 July 2006 at the same time as the 1999 COTIF, - replaces: - the RIV Agreement, - UIC Leaflet 433 (Standard general conditions for the introduction into service and operation of privately-owned wagons) -UIC Leaflet 992 (Apportionment between railway undertakings of compensation for damage or injury resulting from the use of privately-owned wagons). Nevertheless, the provisions of the RIV concerning technical issues, the approval and registration of wagons (Chapter 2.2, points 21.1 to 21.7) remain in force until the corresponding provisions and procedures have entered into force at international (State) level. BS CUU SIAFI April SIAFI-2006 / J.Fazik

18 GENERAL CONTRACT OF USE Basic principles: all wagon keepers may sign up via the opting-in process in order to ensure contractual freedom, it also allows separate agreements to be concluded between signatories the general text is followed by a number of appendices containing detailed provisions for the exchange of wagons technical issues: - wagons must be approved and registered by the appropriate competent authorities before being placed in service; - keepers are responsible for maintaining their wagons liability: - the user railway undertaking is liable for all damages caused by the loss of or damage to the wagon, if it does not demonstrate that this damage was not the keeper s fault; - the keeper assumes liability for the damages caused by the wagon if it is found to be at fault; BS CUU SIAFI April

19 The current Appendix XII to the RIV (applicable since 1 November 2002) has been transposed into the GCU in updated form as Appendix 9 to the GCU. Appendix 9 entered into force at the same time as the GCU (cf. date on preceding page) and Appendix XII to the RIV was thus rendered obsolete. BS CUU SIAFI April

20 DECISION-MAKING PROCEDURE 3 Draft and recommend ation CUU AVV GCU Office Vote Členská základňa Signatories Proposal Result 1 Signatory 1 Recommendation Proposal 2 Joint Committee UIC RU Dept. EVF Bureau = centre of expertise for railway vehicles (for UIC members) UIC / UIP / ERFA BS CUU SIAFI April

21 Content of Appendix General 2 - Technical transfer inspection Definitions Procedure Minimum requirements of inspectors 3 - Catalogue of irregularities (Appendix 1) Presentation Comments on the Catalogue of irregularities 4 - Quality Management System (QMS) General definitions Planning of quality Irregularities and catalogue of irregularities Planning of tests Quality control Inspection methods Assessment of irregularities Analysis of results Action to be taken BS CUU SIAFI April

22 Les appendices de l annexe 9 du CUU Annex 1 - Catalogue of irregularities including classification into categories for use in the Quality Management System Annex 2 - Irregularity categories Annex 3 - Size of samples as per ISO 2859 Part 1 Annex 4 - Verification of qr Annex 5 - Catalogue of inspections in accordance with Annex 1 Annex 6 - Technical transfer inspection List of irregularities noted on wagons and their loads Annex 7 - Technical transfer inspection Record and analysis of irregularities noted on wagon and loads Annex 8 - Handling of wagons with expired maintenance plate (after expiry of the overhaul period) Annex 9 - Checklist for fitness to run, catalogue of checks to be carried out on empty wagons whose overhaul deadline is exceeded by more than 6 months and less than 5 years Annex 10 - Positions of the brake stop-cock handle for compressed air brakes Annex 11 - I, K, M, R1 and U labels BS CUU SIAFI April

23 Consequences of this new status for RUs - impossible to reload foreign wagons without the agreement of the keeper - necessary to organise the reloading of its wagons abroad - return of empty RU wagons involves payment of costs of carriage - the revision of tariffs in order to take account of: - the disappearance of charges for the use of wagons, and - payment for empty runs (no influence on customers) BS CUU SIAFI April

24 Action needed by RUs - adapt the modifications to wagon management - be able to track wagons at all times, - provide keepers with the required information, and - carry out their provisions - step up commercial activity to obtain freight contracts allowing wagons to be reloaded abroad involve partner RUs or transit companies in this process - completely overhaul tariff policies necessity to conclude agreements with other railway undertakings. BS CUU SIAFI April