The Feasibility of a Regional Legal Framework on European Multimodal Transport in light of Senior Researcher Ellen Eftestøl-Wilhelmsson, University of Helsinki / University of Oslo www.helsinki.fi/yliopisto 14.12.2010 1
Questions to be addressed in the seminar: Does EU need an additional regional legal framework on international multimodal transport, or can the Rotterdam Rules satisfy the European need? What does EU want and why? What do offer? www.helsinki.fi/yliopisto 14.12.2010 2
What does EU want? The European Transport Policy Sustainability through multimodal transport COM(97)243: Intermodality and Intermodal Freight Transport in the EU: The objective is to develop a framework for an optimal integration of different modes so as to enable an efficient and cost-effective use of the transport system through seamless, customer-oriented doorto door services whilst favouring competition between transport operators www.helsinki.fi/yliopisto 14.12.2010 3
The need for a European liability regime Legal uncertainty considered a friction cost preventing the formation of a competitive intermodal transport chain. What kind of liability regime? Predictable No distinction between national and international law Not mode specific One transport one document one liability A uniform liability system www.helsinki.fi/yliopisto 14.12.2010 4
A group of legal experts: The ISIC- 2005 proposal; Uniform Multimodal Liability Rules Strict liability Exempt circumstances beyond Transport Integrators control Liability limited to 17 SDR Default regime with an opt-out solution Apply to a Transport Integrator which perform of procure the transport Presupposes no collision - a sui generis approach Subject of massive discussion within the EU no consensus reachable. www.helsinki.fi/yliopisto 14.12.2010 5
New initiative from the Commission: The Freight Transport Logistic Action Plan (2007) Aim: Improve the efficiency and sustainability of European Freight A regional legal act is justified by the failing rapid progress of the UNCITRAL project (not valid anymore) Other options for Europe: A legal act could be envisaged with a standard liability clause for all transport operations. It could be a fall-back clause, meaning that if nothing else is agreed between parties to a transport contract, this standard clause would automatically apply. The contracting parties could also explicitly mention it in the transport contract. (ISIC-2005) Gaps between existing international liability regimes could be addressed in such a way that coverage is provided for those parts of the logistics chain that currently fall between the mode-based liability regimes. (Rotterdam Rules) www.helsinki.fi/yliopisto 14.12.2010 6
The 2009 expert report (June) Political consensus not possible on limitation limits Proposal: A European mandatory uniform regime for all matter other than liability limits A modified uniform liability system September 2009 The Rotterdam Rules signed EU: Denmark, Greece, France, Netherlands, Poland and Spain (Finland and Sweden not)) EEA: Norway, Switzerland (Iceland not) Others: USA (China not) No state has ratified the convention www.helsinki.fi/yliopisto 14.12.2010 7
Informal meeting of the EU Transport Ministers, Antwerp 15-16 September 2010 Agenda: Full integration of waterborne transport into the EU transport and logistical chain Aim: to optimise the European transport systems/co-modal logistics chains. Conclusion: Ministers agreed that seamless co-modal logistics would also require co-modal arrangements for liability issues, as well as a single transport document. In this context, the "Rotterdam Rules" seem to have great potential. However, some further examination of how they could serve this purpose, might still be necessary. www.helsinki.fi/yliopisto 14.12.2010 8
What do offer? A set of liability rules applicable to International contracts of carriage with a sea leg -wet multimodal transport If not governed by other conventions Art 82 Collision with unimodal conventions Based on a modified network liability system Art 26 What liability regime should be used? www.helsinki.fi/yliopisto 14.12.2010 9
What does EU want and why? Predictability, but also harmonisation What do offer? A modified network liability system Covering the existing liability gaps But only for wet multimodal transport Could be extended by the EU Krijn Haak: The next-best solution for international multimodal cases simply because it will increase the level of uniformity in international multimodal transport. What does Hannu Honka say? www.helsinki.fi/yliopisto 14.12.2010 10