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

(c) International Road Transport Union (IRU) 2013

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


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


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.


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


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



Mutually recognised terminal access cards

Compensation for delays




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


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%


BETTER TRANSPORT rather than

MORE TRANSPORT

Harmonisation and standardisationof loading units allows intra- and

intermodal exchangeability

Road - Rail

Road - Road

Road - Sea


The Modular Concept-

Letting swap bodies swap

Legal environment for international road transport

The CMR Convention


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)


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.


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


+ 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

?


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


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.


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.


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


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


e.CMR Contracting Parties


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


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


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.



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.



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…(…)


www.iru.org


Joint Conference CIT / IRU

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