The European Union’s Tacis TRACECA programme for Armenia, Azerbaijan, Bulgaria, Georgia, Kazakhstan, Kyrgyz Republic, Moldova, Romania, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan
EUROPEAID/120540/C/SV/MULTI
Freight Forwarders Training Courses for Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz Republic, Moldova, Tajikistan, Turkmenistan,
Ukraine, Uzbekistan
Interim Report 3
October 2006 – March 2007
A project implemented by This project is funded NEA and its partners STC, by the European Union TRADEMCO and Wagener & Herbst Management Consultants
This Project is funded by the European Union
1 Report cover page
Project Title: Freight Forwarders Training Courses (TRACECA) Project Number: EUROPEAID/120540/C/SV/MULTI Country: Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan
Partner Contractor Name: TRACECA Consortium led by NEA Transport Intergovernmental Commission, Research and Training Permanent Secretariat (The Netherlands) Address: 8/2 General Aliyarbekov Str. NEA Head office in the Netherlands: AZ-370 000 Baku Sir Winston Churchilllaan 297 Azerbaijan 2280 DZ Rijswijk Tel. Number: + 994 12 982 718 + 31 70 398 8410 (NEA office) Fax number: + 994 12 986 426 + 31 70 398 8426 (NEA office) Telex number:
Contact persons: Mr. Rustan Jenalinov, Team Leader: Rene Meeuws Secretary General of the Permanent Secretariat of the TRACECA Intergovernmental Commission Signatures:
Date of report: March 2007
Reporting period: October 2006 – March 2007
Authors of report: Rene Meeuws, Team Leader
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This Project is funded by the European Union
Table of Contents
1 Report cover page...... 2 2 Project synopsis ...... 4 3 Summary of project progress since the start ...... 6 3.1 A chronological overview of main visits and meetings...... 6 3.2 Synthesis of project results ...... 9 3.2.1 Promotion of necessary changes in the regulation...... 9 3.2.2 Strengthening of National Freight Forwarders Associations ...... 9 3.2.3 Specialist Training for freight forwarders ...... 9 3.3 Project administration ...... 10 4 Summary of project planning for the remainder of the project...... 11 5 Project progress in the reporting period...... 12 5.1 A chronological overview of main visits and meetings...... 12 5.2 Status of achievement of project objectives ...... 13 5.2.1 Promotion of necessary changes in the regulation...... 13 5.2.2 Strengthening of National Freight Forwarders Associations ...... 22 5.2.3 Specialist Training for freight forwarders ...... 24 5.3 Project Administration ...... 24 6 Project planning for next reporting period ...... 25 Annex 1 Project Interim Report ...... 26 Annex 2 Resource Utilisation Report...... 29 Annex 3 Output Performance Report ...... 30 Annex 4 Plan of Operations for the Next Period (Work programme) (Form 1.6) ...... 32 Annex 5 Multimodal Transport Operator ...... 35 Annex 6 Study Tour Europe October 9-17, 2006 ...... 43 Annex 7 Study Tour Europe March 19-27, 2006...... 51 Annex 8 Training Istanbul November 20-25, 2006...... 60
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This Project is funded by the European Union
2 Project synopsis
Project Title: Freight Forwarders Training Courses (TRACECA)
Project Number: EUROPEAID/120540/C/SV/MULTI
Country: Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan
Overall project objectives: To facilitate multi-modal transport and enable faster, safer and more reliable and efficient transport on the TRACECA corridor in order to increase security and improve access to international markets and increase the competitiveness of the TRACECA corridors.
Specific project objectives: The strengthening of the freight forwarder sector in the TRACECA countries through transfer of knowledge, capacity building for freight forwarders associations that are strong and able to take ownership of the further development and professionalism of the freight forwarding and develop improvement measures for the regulatory set-up.
Planned outputs: 10 country reports containing a comprehensive analysis of the existing situation with regard to the regulatory framework and the actual situation of the freight forwarding and transport industry in each of the TRACECA countries.
Report containing recommendations concerning the documents that are currently used in freight forwarding activities, improvement of restrictive practices, the creation of a level playing field and the improvement of the regulatory framework in each of the TRACECA countries.
Workshops for key stakeholders concerning abovementioned analysis and recommendations in each of the TRACECA countries.
Study tour for decision makers to disseminate project findings.
A sound basis for the foundation of 3 freight forwarders Associations in respectively Kyrgyz Republic, Turkmenistan and Tajikistan
Report containing an analysis of the current position of freight forwarder associations and a strategy for strengthening this position.
Study tour aimed at familiarizing the freight forwarders associations with best practices in Europe.
Comprehensive training materials according to FIATA minimum standard in English and Russian.
6 regional training measures, each minimum one week.
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This Project is funded by the European Union
Project activities: Phase 1: Promotion of necessary changes in the regulation
Task 1A: Analysis of the existing situation. Task 1B: Benchmark with European countries and recommendations for changes in the regulatory framework. Task 1C: Promotion of changes in regulatory framework. Task 1D: Study tour aiming at dissemination of project findings among major decision-makers of regulatory bodies.
Phase 2: Strengthening of national freight forwarders associations
Task 2A: Setting up freight forwarders association in Kyrgyz Republic, Turkmenistan and Tajikistan; re-establish freight forwarders association in Azerbaijan. Task 2B: Inventory of difficulties encountered and an a outline of a strategy for strengthening association. Task 2C: Advising existing freight forwarders associations. Task 2D: Encouragement of and assistance to the foundation of training centres. Task 2E: Dissemination of information for freight forwarders. Task 2F: Study tour for freight forwarding associations.
Phase 3: Specialist Training for freight forwarders
Task 3A: Training needs assessment. Task 3B: Selection of trainees. Task 3C: Selection and development of training materials. Task 3D: Execution of training measures. Task 3E: Training Impact Assessment.
Project starting date: 28 September 2005
Start date of activities: 28 September 2005
Project duration: 24 months
Inputs: International expertise: 295 man-days Team Leader 200 man-days Trade and Transport Expert 165 man-days Academic Director 420 man-days Training and Project Coordinator Local expertise: 290 man-days Short-term international senior experts 240 man-days Short-term local senior experts Organisation of local support point in the beneficiary countries
Project implemented by: NEA Transport Research and Training (The Netherlands) and its partners in the consortium: Wagener & Herbst Management Consultants (Germany) TRADEMCO (Greece) Shipping and Transport College Rotterdam (The Netherlands)
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3 Summary of project progress since the start
3.1 A chronological overview of main visits and meetings Some activities of the project preparation have already started after the notification of the contract award. As both the FIATA World Congress in Moscow, Russia and the IRU 3rd Euro Asian Road Transport Conference Beijing, PR of China took place in September 2005 and were considered to be important by the Contractor, these conferences were visited in order to collect relevant information for the project and establish a first network of business contacts.
September 2005
FIATA World Congress in Moscow, Russia, September 11-16, 2005
IRU 3rd Euro Asian Road Transport Conference Beijing, PR of China, September 26-27, 2005
IRU Academy Conference in Istanbul, Turkey, September 29-30, 2005
October 2005
German Transport Forum in Berlin, Steering Committee for Cargo Transportation, October 27, 2005-11-21
November 2005
Visit TRACECA Permanent Secretariat in Baku, Azerbaijan, November 1-4, 2005
Visit EuropeAid Co-operation Office in Brussels, Belgium, November 9, 2005
Visit FIATA in Zürich, Switzerland, November 11, 2005
Visit Ukraine and project presentation for the TRACECA Permanent Secretariat and Legal Working Group Meeting on November 15-16, 2005 in Kiev
Visit Kazakhstan, 22-24 November 2005
Visit Uzbekistan, 24-26 November, 2005
December 2005
Visit Kazakhstan, Kyrgyz Republic and Tajikistan, 12-20 December, 2005
January 2006
Meeting project team in the Netherlands, 4-5 January, 2006
Visit to Azerbaijan, 10-15 January, 2006
Visit to Georgia, 17-20 January, 2006
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February 2006
Visit to FIATA in Zurich, February 2, 2006
Visit to Armenia, 6-10 February, 2006
Visit to Ukraine, 13-15 February, 2006
Visit to Moldova, February 13-16, 2006
Visit to Uzbekistan, February 13-17, 2006
Visit to UN-ECE in Geneva, February 16-17, 2006
Visit to Azerbaijan, 20-23 February, 2006
Visit EuropeAid Co-operation Office in Brussels, Belgium, February 24, 2006
Visit to Ukraine, February 27 – March 2, 2006
Visit to Kazakhstan and the Kyrgyz Republic, February 27 – March 3, 2006
March 2006
Visit to Romania, March 15-16, 2006
Visit to FIATA in Zurich, March 24, 2006
Visit to Uzbekistan and Kazakhstan, March 27-31, 2006
April 2006
Visit EuropeAid Co-operation Office in Brussels, Belgium, April 10, 2006
Visit to Azerbaijan, April 10-13, 2006
Visit to Kyrgyz Republic, April 25-28, 2006
May 2006
Visit to Bulgaria; Meeting of National Secretaries IGC TRACECA, May 1-4, 2006
Visit to Turkmenistan and Azerbaijan, May 22-25, 2006
Visit to Ukraine, May 29 – June 1, 2006
Visit to Armenia and Georgia, May 29 – June 2, 2006
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June 2006
Training Programme in Tbilisi, Georgia, June 5-9, 2006
Training Programme in Tashkent, Uzbekistan, June 19-23, 2006
Visit to Turkey, June 19-21, 2006
July 2006
Training Programme in Odessa, Ukraine, July 3-7, 2006
August 2006
Visit to Romania, August 7-10, 2006
Visit to Azerbaijan, August 30 – September 1, 2006
September 2006
Visit to FIATA World Congress in Shanghai, China, September 16-22, 2006
Visit to Kazakhstan, September 28 – October 1, 2006
October 2006
Study Tour to Germany and the Netherlands, October 9-17, 2006
November 2006
Training/seminar in Istanbul, Turkey, November 20-25, 2006
December 2006
Visit to Chisinau, Moldova; Meeting of National Secretaries IGC TRACECA, December 15-16, 2006
Visit to Kiev, Ukraine, December 19-21, 2006
February 2007
Visit to PS TRACECA in Baku, Azerbaijan, January 22-25, 2007
March 2007
Visit to PS TRACECA in Baku, Azerbaijan, March 6-8, 2007
Visit to FIATA in Zürich, March 15-18, 2007
Study Tour to Germany and the Netherlands, March 19-27, 2007
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3.2 Synthesis of project results The project is on schedule in the realization of the main project objectives.
3.2.1 Promotion of necessary changes in the regulation The analysis of the existing situation of the freight forwarding industry and in particular the existing legal framework for freight forwarding activities has been completed in this reporting period.
The objective of this analysis was to develop a workable, simplified scheme based on existing international practices which prescribes minimum civil liability regimes for freight forwarding activities. This has not been an easy task as there are different directions in the way countries of the TRACECA do wish to regulate freight forwarding and multimodal transport activities. At the seminar in Istanbul in November 2006 this issue has been further discussed in detail and based on the results of the seminar this task has been finalised.
At the request of the PS in Baku, also a simplified scheme for the Multimodal Transport Operator in the TRACECA region has been developed by the Contractor and discussed with the staff of the PS.
3.2.2 Strengthening of National Freight Forwarders Associations Relatively less attention has been paid so far to Task 2A, Setting-up of freight forwarders associations in the Kyrgyz Republic, Turkmenistan and Tajikistan an the re-establishment of a freight forwarders association in Azerbaijan. This was due to the fact that relatively more attention has been paid to the training component in the project. This will be compensated in the last phase of the project.
At the seminar in Istanbul in November 2006 much attention has devoted to the strengthening of national freight forwarders associations. A dedicated seminar in this respect of two days has been organized. Also the two study tours to Europe have been organized in the project period, which also were focused on the strengthening the national freight forwarders associations by exchanging experiences with freight forwarders associations in Germany and the Netherlands and learning from best practices. A compilation of best practices for national freight forwarders associations is under preparation.
3.2.3 Specialist Training for freight forwarders A training needs assessment among the main stakeholders in the freight forwarding industry has been carried out. The outcome of the training needs assessment and the completion of the application form has been used to select trainees for the different training events.
One of the most important training events has been the successful organization of three training programmes on Freight Forwarding in Georgia, Uzbekistan and Ukraine, respectively. For this Course in Freight Forwarding training materials have been developed in paper-based version as well as in an e- learning environment. The training materials consist of 12 modules and follow in detail the training requirements defined by the FIATA Advisory Body Vocational Training. The training materials have been translated into Russian.
Also two study tours to Europe have been carried out to familiarize with freight forwarding practices in Germany and the Netherlands.
In November 2006 a large training event has been organized with 60 participants to discuss the legal framework for freight forwarding activities; the strengthening of national freight forwarders associations; and training in freight forwarding.
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3.3 Project administration There are no changes regarding the project administration.
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4 Summary of project planning for the remainder of the project
The main milestones of the project in terms of events, which will be organized are the following:
April-August, 2007 National seminars in Kyrgyz Republic, Tajikistan and Azerbaijan to disseminate project results and strengthen the national freight forwarders association.
April-August, 2007 National seminar in Turkmenistan to disseminate the project results.
May, 2007 National training programme in Uzbekistan
June-July, 2007 Seminar in the Caucasus to promote cooperation between the freight forwarders associations in Armenia, Georgia and Azerbaijan.
September, 2007 Dissemination seminar for stakeholders of the freight forwarding industry in the TRACECA region.
Venue: Almaty/Astana, Kazakhstan
It is planned that in the next reporting period March 2007 – September 2007 all deliverables of the project will have been completed:
• An analysis of the legal situation of the freight forwarding industry in each of the TRACECA countries. • Recommendations for a national and international legal framework for the freight forwarding industry in the TRACECA countries. • Guidelines for business planning of the national freight forwarders associations to strengthen the associations. • Technical assistance in (re)establishing national associations of freight forwarders in Kyrgyz Republic, Tajikistan, Turkmenistan and Azerbaijan. • A full set of course materials for the FIATA Diploma training programme in freight forwarding in English and Russian in full compliance with the FIATA requirements. • A training plan including training materials for offering training through distance learning working in an e-learning environment. • Capacity development of managers, trainers and experts in several issues relevant for the freight forwarding industry through the organisation of workshops, seminars and training programmes.
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5 Project progress in the reporting period
5.1 A chronological overview of main visits and meetings
October 2006
Study Tour to Germany and the Netherlands, October 9-17, 2006
November 2006
Training/seminar in Istanbul, Turkey, November 20-25, 2006
December 2006
Visit to Chisinau, Moldova; Meeting of National Secretaries IGC TRACECA, December 15-16, 2006
Visit to Kiev, Ukraine, December 19-21, 2006
February 2007
Visit to PS TRACECA in Baku, Azerbaijan, January 22-25, 2007
March 2007
Visit to PS TRACECA in Baku, Azerbaijan, March 6-8, 2007
Visit to FIATA in Zürich, March 15-18, 2007
Study Tour to Germany and the Netherlands, March 19-27, 2007
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5.2 Status of achievement of project objectives The project is on schedule in the realization of the main project objectives.
5.2.1 Promotion of necessary changes in the regulation The analysis of the existing situation of the freight forwarding industry and in particular the existing legal framework for freight forwarding activities has been completed in the this reporting period.
In most countries there seems to be a trend to liberalize the profession of freight forwarder and to abolish or limit legal regulations for the freight forwarding industry and licensing regimes for the freight forwarders branch to a minimum. In particular Governments (e.g. Ministries of Transport) seem to adhere this position. The freight forwarding industry, and the National Associations of Freight Forwarders in particular, is divided on this issue. Most of the Associations do want legal recognition of the profession of freight forwarder, for instance by defining the profession in the Civil Code, which also may prescribe that the freight forwarder assumes certain civil liability for the cargo as a minimum guarantee for consumer protection.
A legal analysis has been made of international conventions and international business practices, which affect freight forwarding activities. The following documents have been analyzed:
• Technical Annex on Freight Forwarding of the TRACECA Multi Lateral Agreement. • Technical Annex on Multimodal Transport of the TRACECA Multi Lateral Agreement. • UNCTAD/ICC Rules on Multimodal Transport Operations. • FIATA Model Rules for Freight Forwarding Activities. • FIATA Multimodal Bill of Lading (FBL).
The objective of this analysis is to develop a workable, simplified scheme based on existing international practices which prescribes minimum civil liability regimes for freight forwarding activities. In Annex 5 a summary of the analysis has been presented, which ultimately may form the basis for such a civil liability scheme. According to the present way of thinking, such a simplified scheme will most probably be based on the FIATA Model Rules with some elements from the UNCTAD/ICC Rules on Multimodal Transport Operations. However, it appears is if there are two trends in the way TRACECA countries want to regulate the freight forwarding industry and multimodal operations: one is more inclined towards Russian regulations; the other seems to wishing to adhere to schemes similar as those in Germany and the Netherlands, for instance.
During the seminar in Istanbul in November 2006 this item has been further discussed. By the time the workshop was held, the countries had gained extensive experience dealing with issues of the legal framework for the freight forwarding industry at national level and also within the initiatives undertaken at the level of CIS and TRACECA.
The workshop was designed to share information about the state of development in every country covered by the Project activities on the issues of licensing of freight forwarders, the use of FIATA documents, the availability and accessibility of insurance services, the principles ruling the liability of freight forwarders, the present national legal structures regulating freight forwarders activities, including tax treatment and other aspects. The strengthening of national freight forwarding associations was given a separate dedicated working session.
The workshop also performed the task of debating the acceptability of international standards and recognized business practices for use in the TRACECA region.
Core facts for selecting an appropriate solution to facilitate the development of the freight forwarding industry in the region of TRACECA were reported by the delegates as advised below.
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Debate in the workshop sessions
Armenia
The representative of Armenia explained that forwarding is regulated by only one article in the Civil Code but a law on forwarding is at an advanced draft stage. It was decided not to have a requirement for licensing.
The Union of Freight Forwarders of Armenia is an active member of FIATA. Until recently it had little positive contact with the Ministry of Transport but this has changed since the MOT started elaborating a draft law on freight forwarding in which work the Union has assisted.
The representative of Armenia commented that insurance for forwarders and their customers was insufficiently developed in his country. There was a lack of legal certainty and a lack of confidence in insurance. Legislation and practical advice was required to deal with these issues and it would be helpful if TRACECA could promote regional solutions.
Azerbaijan
The representative of Azerbaijan gave a detailed explanation of the legislation in his country. All companies in Azerbaijan have to be legally registered and the Civil Code regulates the framework for freight forwarding activity but with insufficient detail. Azerbaijan recognises the concept of the contractual carrier in multimodal transport, such carrier having responsibilities towards the owner of cargo. In this context, the forwarders’ Association had developed model general trading conditions to simplify the process of making contracts for multimodal transport. The conditions followed international practice and customers and forwarders could refer to them as part of their contract. The representative emphasised that laws needed to be supplemented by clear contractual terms dealing with practical issues.
There was a very active forwarder’s Association in Azerbaijan founded on 11th July 1997, contrary to what had been reported. The Association had not been disbanded. It promoted healthy competition and improvement in services and had very fruitful contact with other associations such as in Germany and Bulgaria. Unfortunately, the Association was no longer recognised by FIATA. After examination of the situation, the delegates concluded that the non-recognition occurred because for legal technical reasons the Association appeared not to be independent of the state government, which gave it direct financial support. The Consultant suggested that there were ways in which the state government could assist an association while preserving its independence so that it would be recognised by FIATA. Thus the state government usually lacked specific expertise in freight forwarding and could commission research from the association for which the association could charge. The representative from Romania cited other ways in which a state could support a national association without interfering with its independence and volunteered to provide specific examples for the Azerbaijan delegation. It was essential that the legal status of the Azerbaijan Association should be adjusted as soon as possible to allow it to participate again in FIATA activities.
The Association and its leading members were actively assisting the government to draft new legislation for freight forwarding activity, including an amendment to the Civil Code concerning forwarding activity. The Consultant commented favourably both on the concept of association involvement with the drafting process and also on the concrete measures being planned in Azerbaijan.
The representative of Azerbaijan raised a further issue which concerned his own country and some others in the region. This related to the need for schedules of service items to satisfy the local tax authorities. The tax authorities often did not understand the business of a freight forwarder and treated some items as income when the sums received were only to pay disbursements on behalf of a customer. Reference was made to COMBITERMS as a helpful guide in this respect and again the representative from Romania stated that he could provide useful examples from Romania.
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Georgia
The representative of Georgia explained that the Ministry of Economic Development dealt with all transport regulations in Georgia, the separate Ministry of Transport having been disbanded. The legislation on forwarding depended on the Civil Code and then on the Law on Transport and modal Codes for sea, rail and road transport, the air Code at present not dealing with forwarding activities. It was a very liberal system and forwarding activity was developing strongly through competition and absence of bureaucratic licensing.
The representative of Georgia called for unification of the rules on forwarding across the region as far as reasonably practicable and for steps to be taken to improve the availability and quality of insurance services. The absence of adequate insurance services put a brake on development of exchanges with western based forwarders. The Consultant commented that it remained true that western European customers still found difficulty in arranging cargo insurance when goods passed the boundaries of the former Soviet Union because of the lack of possible recourse against forwarders/carriers in the FSU. These problems related both to lack of clear legislation and contract terms but even more to lack of developed and reliable liability insurance services for forwarders and carriers. It was an issue that could lend itself to treatment at regional level through TRACECA.
Kazakhstan
The representative of Kazakhstan explained that there had been considerable legislative activity and the situation concerning freight forwarders was now considered adequate. It had been decided not to require licensing or certification, though it is proposed to allow voluntary certification as evidence of quality standards. Foreign businesses may participate in forwarding activity provided they are locally registered.
The national Association is an active member of FIATA and there are no legal restrictions on the use of the FIATA FBL and a number of forwarding companies regularly use FIATA documents when moving general cargoes and grain, oil and metals as principals. They only undertake movements as principals if they can assure safe and timely transport. The use of the FIATA documents usually occurs because of a request coming from a customer. The forwarders do not systematically suggest use of the FIATA documents. The most common situation for the use of FIATA documents is when there is a documentary letter of credit and the banks request the issue of a negotiable FIATA FBL to be transferred from seller to buyer as part of the process. The Consultant commented that this illustrated the importance of the FIATA FBL as a key document in international trade and evidence of the reliability of the freight forwarder who issues it.
The representative from Kazakhstan provided an answer to why the FIATA FBL was considered to be too difficult and expensive to use by some forwarders. He believed that the difficulties arose when the FBL was incorrectly completed by the forwarder showing the forwarder’s name in the “sender” box. The name of the consignor should normally appear in this box. When the forwarder put his own name in the sender box his company became subject to export currency and taxation restrictions and also to customs regulations, all of which were naturally problematical. This was not a problem with the FBL as had been reported to the TRACECA secretariat but a problem of lack of proper procedures by the forwarders. The Consultant confirmed that this analysis appeared to be correct and that FIATA should inform its members in more detail as to how the FBL should be completed. It would be helpful if models of a completed FBL for containerised and general cargoes could be made available by FIATA to other national Associations.
There is now a well developed insurance and banking system in Kazakhstan but insurance is not compulsory for forwarders. However facilities exist both for single journey and annual insurances. The representative from Kazakhstan felt that proper insurance facilities were vital for the region and that further facilitation work in economies less developed than Kazakhstan would be useful to all TRACECA states. For various reasons, risks were disproportionately high across the whole CIS. This meant
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insurance was expensive and this in turn made the cost of transport unattractive when reliable operators were used.
Kyrgyzstan
The representative from Kyrgyzstan explained that there was no national law on forwarding and that forwarding was regulated by a provision in the Civil Code and Codes for modes of transport. There was no licensing. According to the Civil Code, forwarders acted as agents and responsibility for delay was placed on the carrier. The representative emphasised that there were big differences between the situation in Western Europe and in the CIS countries and the rules of Western Europe did not yet suit the CIS where work had been going on since 1994 to try to find solutions to the problems of freight forwarding.
The national forwarding Association had been formally created in 2004 and had joined FIATA. There was nothing to prevent the use of FIATA documents in principle but experience with the FIATA FBL was problematic. Kyrgyz forwarders could not obtain the FBL direct from the national Association but had to purchase them from Kazakhstan and Russia and the cost was high, at least $50. The customer wanted the lowest rate possible and the cost of the FBL was prohibitive. It was also believed that the FBL made the forwarder responsible as the owner of the goods for any loss leading to a claim against the forwarder. There was a debate concerning these points. The Consultant suspected that the high cost of the FBL was probably due to profits being taken by the association supplying them to the Kyrgyz forwarder and to the inevitable cost of the insurance cover. However, where a forwarder undertook activity as a principal in multimodal transport, it incurred certain liabilities. Sooner or later these liabilities would be enforced by customers and the cost of meeting these liabilities would be much higher than the cost of operating under the FBL. The representative from Romania emphasised this point very strongly. It was necessary to have a protective legal framework if you operated as a principal and the FIATA FBL was the best method practically available today. It was not a question of looking at the cost of the FBL but rather of the risks of being completely unprotected without the support of trading conditions and without insurance if you operated without the FIATA FBL. Forwarders who took such risks would eventually go out of business. It was agreed that better information should be provided by FIATA on the use of the FIATA FBL and the question of the cost of its sale should be raised with FIATA. However it remained the only practical answer for forwarders who wanted to operate in an international field as principals and not agents. As for the customers, they would sooner or later have a very unpleasant surprise when they used a cheap forwarder and lost all their goods without any possibility of recovery and the word would then spread through the market that quality of service was as important as getting the cheapest price.
Moldova
The representative from Moldova explained that freight forwarding is regulated through provisions in the Civil Code and 1998 Regulations. Model contract clauses were also devised and recommended for use by all forwarders. Forwarders acting as carriers should follow a model contract and contract conditions. The unfortunate reality of the situation was, however, that forwarders and customers often failed to fill in the necessary paperwork. Too many forwarders simply failed to carry responsibility for their actions. Many failed to insure their liabilities because they could not see the point in incurring “unnecessary” costs when insurance was not compulsory. In this they differed from Customs brokers who did take their responsibilities seriously. Forwarders were still looking at the short term and at cost saving. The Ministry considered this a serious problem which would continue until claims against uninsured forwarders led to a few bankruptcies. Forwarders would only learn the hard way and the necessity of insurance and a proper attention to contracts would then be understood.
The national forwarders’ Association was an active member of FIATA, having been created in 1998. It has recently been restructured to include Customs brokers and undertakes training for FIATA certification issuing approximately 35 certificates a year. There is no legal obstacle to use of FIATA documents but so far few forwarders ever issue them.
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Based on her local experience, the representative from Moldova considered that recommendations of best practice would not be enough for TRACECA-wide action. Any measures taken should be compulsory so that forwarders were obliged to comply with them.
Romania
The representative of Romania explained that some years ago the association had to argue strongly with the Ministry of Transport about the role of the freight forwarder in the Romanian economy and its positive contribution to economic development. As a result of parliamentary lobbying by the Association, it was finally decided not to insist on specific licensing of freight forwarders. Subsequent development has proved this to have been the right decision for Romania and had reduced the scope for existing operators to retain virtual monopolies on traffic.
Romanian forwarders have been actively involved in FIATA since 1974. FIATA documents are widely used, particularly the FIATA certificate of receipt. In general, forwarders still mainly operate as agents rather than principals, fulfilling the orders given by customers. However, Romtrans is an example of a company which has established a separate division to carry out forwarding as a principal in accordance with western European practice. This kind of business is growing and any legislation should take account of its requirements.
The representative explained why the FIATA FBL was so important to any forwarder operating as a principal. Contrary to what seemed to be believed in some countries, the FBL reduced the potential liability of the forwarder because the contract with the customer could be insured on reasonable terms. If the forwarder in fact operated as a principal or carrier it was useless to try to pretend otherwise. You just ran the risk of being found fully liable to the customer and without any benefit of insurance. The FBL gave some legal certainty as to the forwarder’s rights and obligations towards the customer. If it could become more widespread in the region it might persuade ship-owners to accept it as a transport document when accepting goods from a freight forwarder. It was not the case that by issuing the FBL the forwarder became the “owner” of the goods and so liable fully for any loss of the cargo. The forwarder was just a bailee of the goods and the nature of the bailment was then governed by the FBL and the national law. It was most important that the FBL should be completed in the correct way showing the customer as consignor and/or consignee. It should also be understood that the FBL was suitable only when the forwarder acted as a principal e.g. moving the cargo from door to door without making any contracts in the name of the customer. When the forwarder acted as a pure agent, as many still do in the region, it should have separate standard trading conditions, such as those found in the FIATA Rules for Freight Forwarders.
Tajikistan
The representative from Tajikistan explained that a law on freight forwarding activity had been passed. After debate it had been decided not to require specific licences or certification for forwarders. Registration of forwarding companies is simply carried out under the general law in the Ministry of Justice. Under the forwarding law there is a general freedom to carry out forwarding activities but there is no limitation of liability and forwarders should insure their liabilities.
An Association of freight forwarders had been formed on 16th September 2005 and registered at the Ministry of Justice. There is no legislative restriction on use of FIATA documents.
Turkmenistan
The representative of Turkmenistan explained that freight forwarding, like most kinds of activity, was licensed in Turkmenistan and was likely to remain so. Insurances were effected by Turkmen companies with 85% of risk being reinsured abroad.
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FIATA recognition is not possible at present because FIATA insists on legal independence of any forwarders’ association from the state government and this is contrary to national policy in Turkmenistan for all of these types of organisation.
Ukraine
The representative of Ukraine explained that in 2004 new Rules for Freight Forwarding Activity had been introduced and company law had been amended to cancel the requirement for licensing. Ukraine had carefully considered the advantages and disadvantages of licensing and had looked at the situation in neighbouring countries. Initially it had been intended to maintain licensing. However comparative analysis showed that there was a more dynamic and innovative market where licensing did not occur, provided the usual safeguards of the general company and business law applied to forwarders as to any other business entity. Since licensing had been abolished, there had been an increase in competition and in the type of services offered by forwarders and Ukraine was now convinced that it had made the right decision.
FIATA had a strong presence in Ukraine and FIATA training certificates were issued in increasing numbers.
Insurance for forwarders remained a problem as the insurance market in Ukraine was still weak. The representative thought that Ukraine would welcome TRACECA initiatives to strengthen the provision of insurance in the region, perhaps by uniting efforts to place reinsurance of risks.
Uzbekistan
The representative from Uzbekistan explained the legislative basis in his country. Owing to imperatives of national policy, forwarding activities were licensed like other business activities in Uzbekistan and this was unlikely to change.
The national forwarding Association had been a FIATA member since 1997 and participated in international work of FIATA. FIATA information was helpful to private companies carrying out forwarding activity.
Insurance companies were present in Uzbekistan but tackling of problems at a regional level concerning liabilities and insurance would be helpful in further developing services.
Findings and conclusions from workshop and bilateral discussions
The most important findings and conclusions emerging from the workshops were:-
1. There is a consensus that licensing of the specific activity of freight forwarding does not assist with the development of the forwarding industry. This consensus is recent and based on evaluation of practices in many countries. Because of the overall internal political imperatives, one or two states will, however, probably continue to license forwarders for the foreseeable future. However there is no case for any provisions concerning licences and certification of forwarders for the TRACECA region as a whole. This represents very considerable evolution compared with the situation only four years ago. 2. There are no legal impediments reported concerning the use of FIATA documents. However, some national laws may override certain provisions in the FIATA FBL particularly with regard to limited liability. This increases the cost of liability insurance generally and therefore increases the cost of using the FIATA FBL for multimodal transport. Action at the TRACECA level could eliminate this problem, through an IGC resolution or in the form of a framework agreement. There are some misunderstandings concerning best practice in the use of FIATA documents. These will be remedied through the project training material but this should be supplemented by
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some specific guidelines from FIATA to its member associations and individual members who issue FIATA documents. 3. All delegations believe that action at the TRACECA level to harmonise the availability and reliability of insurance services (both liability insurance for forwarders and cargo insurance for customers) is vital to the general economic development of the region. In some states legislative measures may be needed but the problems relate more to absence or unreliability of services rather than absence of legislation. Insurance and reinsurance through overseas markets is possible in all the states but the insurance market itself is not enthusiastic because of the legal problems of making recoveries against forwarders and carriers, in spite of the fact that in most TRACECA states liability is in theory unlimited. In practice recoveries are rarely made. This highlights issues outside the terms of reference of the project, such as the reliability of court procedures and recovery of sums due under court judgements. 4. All agree that the basis of liability of the forwarder should be clearly expressed both as to the role of agent and principal and if possible unified so as to improve the basis for insurance of freight forwarders. The growing geographical spread of TRACECA has already weakened the common legal heritage of the original TRACECA states (based on former USSR laws and later initiatives of CIS states). It makes the finding of a common denominator far more difficult than when the TRACECA concept was launched in 1993 for CIS states only. It has already proved increasingly difficult to reach consensus on new technical annexes and such annexes will need to be more rather than less basic, dealing only with the small number of issues on which a consensus is possible. 5. All member states fortunately share the same basic legal structure in which the Civil Code normally includes a simple chapter on freight forwarding. Provisions in the Civil Code should not hinder future developments in freight forwarding and should be as flexible as possible. The example of the Russian Civil Code is interesting as it specifically states that limited liability may be introduced into laws made under the general authority of the Code. Of similar interest for the TRACECA region is the German Commercial Code (HGB) which defines statutory liability provisions but allows negotiated standard terms of business to depart from these. Both Russian and German systems therefore potentially fully accommodate the FIATA FBL terms and could be used as models in the TRACECA region. Attention should be paid also to the question of limitation periods for claims in the Civil Code as transport and forwarding claims may need to be shorter than in the general law. 6. Provision is needed to protect forwarders from inappropriate tax treatment of the sums they received from customers to pay costs and disbursements on behalf of those customers. These are not “income” of the forwarder nor do such transactions involve personal currency transactions by the forwarder for its own benefit. 7. The latest revisions to the proposed Technical Annex on freight forwarding have made it a more coherent document but have also moved it even further away from western European practice and would make effective use and insurability of the FIATA FBL more difficult. Nonetheless some of the provisions of the draft annex continue to find support among the CIS members of TRACECA who consider it suitable for conditions in their own countries. The draft, following further revision work, could be suitable for use as a model law forming the framework of a national forwarding law for certain countries. Its suitability and effectiveness as a proposed international technical annex to the MLA is still open to considerable doubt. 8. The proposed Technical Annex on Multimodal Transport also continues to raise considerable doubts. It would be preferable to consider a simpler framework agreement on MT transport which it might be possible to implement more easily than a Technical Annex of the MLA. 9. Cargo will select its own route from the Far East to Europe. The TRACECA network of routes will succeed to the extent that they are competitive with other routes. Part of this process of competition includes the nature of services and business terms offered by the freight forwarders. Legal structures should facilitate competition by the TRACECA network of routes rather than making them appear to be uncompetitive.
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In several discussions with the PS in Baku, which took place between December 2006 and March 2007 it was agreed that we would focus our attention for the remainder of the project more on a simplified regime for the Multimodal Transport Operator in the TRACECA region.
In Annex 5 a Draft Agreement of the IGC TRACECA on the development of Multimodal Transport has been included, elaborated by the Contractor. We will provide here some explanatory notes to this proposed draft agreement.
Explanatory Note regarding proposed agreement on Multimodal Transport
Background
This draft agreement is meant to contribute to the commitment of the Parties to the Basic Multilateral Agreement under the Strategy adopted in May 2006, to develop a comprehensive legal framework regarding the multimodal transport operations liability.
Following extensive discussions with Counterparts (including the workshops held in Istanbul in November 2006) the Consultant concludes that few freight forwarders in the region are presently willing or able to offer the kind of comprehensive services as a principal available in Western Europe. In particular, use of the FIATA FBL is very rare rather due to commercial reasons than due to legal obstacles to its use. However there is a consensus that such services will emerge in the future and legal provision needs to be made to facilitate this, both in ordinary freight forwarding activity and in multimodal transport.
The Counterparts seem to recognise that a simple type of framework agreement could offer sufficient flexibility both for immediate implementation and in the future. Although not strictly required by the TOR, the Consultant has therefore prepared the detailed framework for such an agreement as a constructive response to earlier discussions.
Implementation
It has become increasingly difficult to reach consensus for introduction of new Technical Annexes to the MLA and this difficulty is likely to increase as new Member States such as Iran, Afghanistan and Pakistan join the MLA. Member States should also avoid overloading the MLA structure with too many annexes when alternative solutions may be equally or more effective.
The proposed framework agreement on multimodal transport is intended to give the parties to the MLA flexibility in terms of implementation strategy. It should allow those states who wish to proceed rapidly to adopt its provisions without the need to achieve consensus throughout TRACECA or to complete the formalities required by the MLA. States could incorporate the provisions in bilateral agreements, or three or four pilot states might decide to incorporate them in a simple multilateral agreement. It should not be forgotten that the 1996 Sarakhs agreement was such an instrument, brought rapidly into operation yet providing the basic core from which the MLA later emerged. It would therefore be possible to envisage incorporation of such an agreement within the MLA structure at a later date once it has been tested in practice by the pilot states. Multimodal transport legislation is undergoing rapid change internationally with the EU preparing a possible regional initiative while UNCITRAL is still working on a draft for an international convention in this field. It would be prudent for the TRACECA region to await the outcome of these developments before incorporating provisions on multimodal transport in the MLA. The proposed framework agreement could be used as an interim instrument to cater for the present situation.
If it wishes, the IGC TRACECA could establish a legal working group to perfect and implement the agreement. Alternatively an informal working group could be established by those states wishing to proceed rapidly. The Consultant recommends that the simplicity of the draft should be retained wherever possible and that Counterparts should avoid overloading it with extra detail, which was the main failing of the existing draft TAs.
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The framework is intended for international use. However elements from the framework could also be used by Member States as guidelines for regulating liability in their domestic multimodal transport.
Definitions
The definitions used in the framework agreement are taken from the UNCTAD/ICC Rules, modified to fit the context of the region where necessary.
Basis of liability
The proposed framework agreement provides a basis of liability for the MTO in clause 5 whereby the MTO accepts responsibility as a principal from door to door. This is in line with policy set out in paragraph 5.6 of the IGC strategy document for TRACECA development for the period up to 2015 and with the principles contained in the Multimodal Transport Convention of 1980. In addition, this is compatible with the UNCTAD/ICC Rules upon which the FIATA FBL is based and with the current draft framework for an EU Directive or Regulation on liability in multimodal transport.
Limitation of liability
The framework agreement at clause 7 recognises the existing practice in the region of full liability based on the value of goods lost or damaged but it is envisaged that this will be the case only where the MTO has agreed to enter the value in the MT document and the customer has agreed to pay a surcharge on the normal rate. In all other cases the agreement follows the EU initiative on MT transport in proposing a uniform limited liability regime but with a lower limit of 8.33 SDRs per kilo (the limit under the CMR) thought to be appropriate for the region. Any working group set up to implement the agreement may wish to review the suitability of this limit and its potential insurability.
For simplicity, calculation of the value of the goods is based on the invoice value, as a sales invoice will normally be available. Any working group may wish to debate whether the market value at point of origin or destination, replacement cost, or some other measure of value should be used as is the case in some other instruments.
Documentation
The framework agreement at clause 6 avoids imposing a uniform transport document but requires mutual recognition of such documents by states where they are not uniform. It hopes, however, that any working group set up would attempt to agree a uniform transport document for use with the agreement. Such a document, in line with the recommendations of a number of previous TRACECA projects since 1996, should adopt the physical format as elaborated by the United Nations (the UN layout key) so as to be compatible with commonly recognised software for electronic completion of documents whether as printed paper documents or as electronic virtual documents.
Lien
A simple lien is included in clause 8 as liens may not be available under all national laws. Any working group set up may want to consider giving the MTO a stronger lien for example as provided in the FIATA FBL terms.
Consignor liability
In line with the expressed wishes of Counterparts in discussions and in the earlier draft TA, quite strict duties are placed on consignors with regard to information furnished by them.
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Time limits for claims
These have not been included as it is believed that the national Civil Codes deal adequately with giving notice of loss or damage to the carrier. However, if any working group wished to include an international provision, the Consultant would recommend taking the provision available in clause 9 of the UNCTAD/ICC Rules.
Time bar
The time bar has been set at one year, in line with most national and international legislation. It should be noted that this is less favourable to the MTO than the 9 month limit in the UNCTAD/ICC Rules and that of many Western European MTOs. However, even in Western Europe, the 9 month limit is not always enforceable and it was felt that the one year limit would be more appropriate to existing conditions in the region. Any working group may wish to review this provision.
Conclusion
The framework has been developed to allow the possibility of early implementation of provisions largely consistent with existing practices in the region while being largely compatible with practices in neighbouring areas. It represents a compromise. As its terms are kept as simple as possible, it should make it much easier to update in the future than a more complex agreement containing many cross references and details.
5.2.2 Strengthening of National Freight Forwarders Associations Important steps have been made in the carrying out of Task 2A, Setting-up of freight forwarders associations in the Kyrgyz Republic, Turkmenistan and Tajikistan and the re-establishment of a freight forwarders association in Azerbaijan.
In the Kyrgyz Republic a freight forwarders association does exist: AEK Association of Freight Forwarders of Kyrgyz Republic. AEK is member of FIATA. The Association works together with KTA Association of Transport Operators of the Kyrgyz Republic within one Union. It is important now to give body to this association by developing new activities.
Under the umbrella of Abbat, the Association of Road Carriers, a Freight Forwarders Association was established in Tajikistan in September 2005. This new association is applying for FIATA membership and the project was requested to assist in this application.
In Azerbaijan the National Association of Freight Forwarders ceased to exist a couple of years ago. However, discussions held with several freight forwarding companies, with the Ministry of Transport and with the National Secretary of the IGC of TRACECA of Azerbaijan resulted in an initiative to try to re- establish an national association. Important corner stone is whether the association will succeed in providing services for its members. This is also part of the challenge of the project.
An inventory of the main difficulties of the national associations of freight forwarders has been made. One of the main reasons for becoming member of a national association of freight forwarders acknowledged by FIATA is the opportunity to make use of FIATA documents in international freight forwarding operations. However, companies may also use other types of documents issued by specific shipping companies or national authorities.
Provision of training may be another activity which a national association of freight forwarders may promote for its members, but also for non-members.
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Associations may also unite members around an accepted business code of conduct or type of model rules such as the FIATA model rules. Some associations proclaim that there members offer general conditions concerning their freight forwarding activities towards their clients.
Based on discussions with national freight forwarders associations, the Contractor is elaborating a generic document where possible tasks and functions of a freight forwarders association are identified and potential services of such a association are described.
At the seminar in Istanbul intensive discussions took place about ways to strengthen the national freight forwarders associations. Also the two study tours to Europe paid much attention to this issue and presented the participants with new ideas to develop their own freight forwarders associations.
On the CD-ROM, which accompanies this report, the following documents are included, which may guide the associations for development of their future activities:
• FIATA Secretariat. The needs for and obligations of professional freight forwarders associations (2000). • CLECAT. Access conditions to the profession of freight forwarder in Europe (2004). • FENEX (Federation of Dutch Freight Forwarders). Overview of activities, services and products. • FENEX. Dutch Forwarding Conditions (2004). • German Freight Forwarders’ Standard Terms and Conditions. • USER- Romania. Freight Forwarding Conditions. • UTIKAD-Turkey. Freight Forwarding Conditions. • FIATA Model Rules for Freight Forwarding Services. • FENEX Guarantee Fund Indemnity Payment Rules. • FENEX. Dutch warehousing Conditions. • FENEX. Terms and Conditions for Value Added Logistics.
The Contractor is finalizing the compilation of best practices for national freight forwarders associations.
The Contractor is involved in discussions whether it is appropriate to establish a regional freight forwarders association in the TRACECA region. In the document ‘Strategy of the Intergovernmental Commission TRACECA for development of the international transport corridor “Europe-Caucasus-Asia” (TRACECA) for the period up to 2015’, which was elaborated with support of the European Commission it is stated that a regional freight forwarding association will be created for regional coordination between the national freight forwarding associations in the various countries. The Contractor is of the opinion that it is a good initiative to stimulate and promote cooperation among national freight forwarders associations in the TRACECA region. Many countries in the TRACECA share the same experiences from the past and have many problems in common. It is recommended to consult FIATA Headquarters in Zürich whether they would support such initiative. We believe that the first step for national associations should be to become member of FIATA if they are not member yet. FIATA provides an unique platform for exchange of information, experiences and best practices among freight forwarders associations worldwide. FIATA, amongst others through its foundation, may also assist and support individual associations in developing member services. A full member of FIATA is also allowed to make use of widely accepted international freight forwarding documents like the FIATA Multimodal Bill of Lading (FBL). In a second stage, cooperation among national freight forwarders association in the TRACECA region may be sought. The establishment of a platform to commonly use the training materials developed under this project could be the first concrete activity to exchange experiences among national freight forwarders associations in the TRACECA region. What is anyway important, is that the stronger national associations in the region will support and assist the ones, which are still in the process to become strong.
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5.2.3 Specialist Training for freight forwarders A training needs assessment among the main stakeholders in the freight forwarding industry has been carried out. There were 96 respondents. The results show that the project addresses the most important need of the freight forwarding industry: training. Less than 15 per cent of respondents indicated that they had a high level of knowledge of the main issues related with freight forwarding activities; and 40 per cent mentioned that the level of knowledge of the main topics of freight forwarding was poor. Remarkable is the fact that 54 per cent of the respondents stated that their knowledge of ‘safety and dangerous goods’ is poor. 45 per cent of the respondents consider their knowledge of FIATA documents and forms as poor. This training needs assessment was carried out through completion of a disseminated questionnaire, which also served as an application form for the training programmes, that the project intends to implement. The outcome of the training needs assessment and the completion of the application form has been used to select trainees for the different training events.
The most important training events have been the three training programmes on Freight Forwarding in Georgia, Uzbekistan and Ukraine, respectively with 66 participants, altogether1; two study tours to Europe; and one large training event/seminar in Turkey. More detailed reports of the two study tours and the training event in Istanbul can be found in Annex 6, 7 and 8, respectively. Full documentation on the training event in Istanbul can be found on the accompanying CD-ROM.
Training materials in freight forwarding have been developed, in full compliance with the FIATA minimum standards. This material has been completed in a paper-based version as well as in an e-learning environment. The training materials consist of 12 modules and follow in detail the training requirements defined by the FIATA Advisory Body Vocational Training. The training materials have been translated into Russian. The paper-based version of this materials both in English as well as in Russian are included on the accompanying CD-ROM.
A website has been created to offer the entire training programme in full compliance with the FIATA minimum standards in an e-learning environment (http://www.tvm-e-learning.com/nea/inlog.php). This is a temporary website. Also a management module has been developed to manage this website and to control access and use to the website. This website is fully operational in English and will in April become fully operational in Russian. An important issue still is the sustainability of the website. The basic idea is to establish a network among interested institutions and individuals, which intend to make use of the materials; are willing to share their experiences with others; and finally will contribute to the website as well. In an ideal constellation, TRACECA would be involved, FIATA, some associations and/or training institutes in the region and maybe the Contractor as well. In the last phase of the project the Contractor hopes to bring these parties together to reach agreement on maintaining and developing the website after the completion of the project. The management of the network/platform could be in line with the principles of the proposed TRACECA Business Council. The main objective of the Council to the IGC consists in: expansion of economic cooperation within the framework of the MLA, bringing direct contacts and reinforcing the dialogue between the representatives of the business community and financial circle as regards the issues of ensuring the attractive investment environment (for both international institutions and private initiative) with the purpose of improving transport infrastructure and increasing competitiveness of TRACECA transit corridor.
5.3 Project Administration There are no changes regarding the project administration.
1 At the training seminar in Tashkent there were 30 participants more at their own expenses, which were not registered before. The Contractor has decided to let them participate, which turned out to be a success as it enlarged the audience for the dissemination of the training tools. FREIGHT FORWARDERS TRAINING March 2007 24 COURSES - INTERIM REPORT 3
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6 Project planning for next reporting period
The main milestones of the project in terms of events, which are planned to be organized are the following:
April-August, 2007 National seminars in Kyrgyz Republic, Tajikistan and Azerbaijan to disseminate project results and strengthen the national freight forwarders association.
April-August, 2007 National seminar in Turkmenistan to disseminate the project results.
May, 2007 National training programme in Uzbekistan.
June-July, 2007 Seminar in the Caucasus to promote cooperation between the freight forwarders associations in Armenia, Georgia and Azerbaijan.
September, 2007 Dissemination seminar for stakeholders of the freight forwarding industry in the TRACECA region.
Venue: Almaty/Astana, Kazakhstan
It is planned that in the next reporting period March 2007 – September 2007 all deliverables of the project will have been completed:
• An analysis of the legal situation of the freight forwarding industry in each of the TRACECA countries. • Recommendations for a national and international legal framework for the freight forwarding industry in the TRACECA countries. • Guidelines for business planning of the national freight forwarders associations to strengthen the associations. • Technical assistance in (re)establishing national associations of freight forwarders in Kyrgyz Republic, Tajikistan, Turkmenistan and Azerbaijan. • A full set of course materials for the FIATA Diploma training programme in freight forwarding in English and Russian in full compliance with the FIATA requirements. • A training plan including training materials for offering training through distance learning working in an e-learning environment. • Capacity development of managers, trainers and experts in several issues relevant for the freight forwarding industry through the organisation of workshops, seminars and training programmes
FREIGHT FORWARDERS TRAINING March 2007 25 COURSES - INTERIM REPORT 3
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Annex 1 Project Interim Report (Form 2.2)
Project title : Project number : Country : Page : Freight Forwarders Training Courses (TRACECA) EUROPEAID/120540/C/SV/MULTI Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz 1 Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Planning period : Prepared on : Contractor : 10/2006 – 03/2007 March 2007 NEA and its partners in the consortium Wagener & Herbst Management Consultants GmbH, TRADEMCO, Shipping and Transport College Rotterdam Project objectives : To facilitate multi-modal transport and enable faster, safer and more reliable and efficient transport on the TRACECA corridor in order to increase security and improve access to international markets and increase the competitiveness of the TRACECA corridors. The strengthening of the freight forwarder sector in the TRACECA countries through transfer of knowledge, capacity building for freight forwarders associations that are strong and able to take ownership of the further development and professionalism of the freight forwarding and develop improvement measures for the regulatory set-up. No ACTIVITIES IMPLEMENTED TIME FRAME 2006 INPUTS Months PERSONNEL LOCAL PARTNER EQUIPMENT OTHER INTERNATIONAL (M-d) +) AND (M-d) MATERIAL 10 11 12 01 02 03 Planned Utilised Planned Utilised Planned Utilised Planned Utilised
1 Analysis existing situation regarding legal and regulatory framework for the x x x x x x 20 25 5 5 - - - - freight forwarding industry 2 Benchmark with European countries and recommendations for changes in the x 5 5 5 5 - - - - regulatory framework for the freight forwarding industry 3 Promotion of changes in the regulatory framework for the freight forwarding x x x x 15 10 5 5 - - - - industry 4 Study tour aiming at dissemination of project findings among major decision- 0 0 0 0 - - - - makers of regulatory bodies
FREIGHT FORWARDERS TRAINING COURSES – March 2007 26 INTERIM REPORT 3
This Project is funded by the European Union
Project title : Project number : Country : Page : Freight Forwarders Training Courses (TRACECA) EUROPEAID/120540/C/SV/MULTI Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz 2 Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Planning period : Prepared on : Contractor : 10/2006 – 03/2007 March 2007 NEA and its partners in the consortium Wagener & Herbst Management Consultants GmbH, TRADEMCO, Shipping and Transport College Rotterdam Project objectives : To facilitate multi-modal transport and enable faster, safer and more reliable and efficient transport on the TRACECA corridor in order to increase security and improve access to international markets and increase the competitiveness of the TRACECA corridors. The strengthening of the freight forwarder sector in the TRACECA countries through transfer of knowledge, capacity building for freight forwarders associations that are strong and able to take ownership of the further development and professionalism of the freight forwarding and develop improvement measures for the regulatory set-up. No ACTIVITIES IMPLEMENTED TIME FRAME 2006 INPUTS Months PERSONNEL LOCAL PARTNER EQUIPMENT OTHER INTERNATIONAL (M-d) +) AND (M-d) MATERIAL 10 11 12 01 02 03 Planned Utilised Planned Utilised Planned Utilised Planned Utilised
5 Setting up freight forwarders associations in Kyrgyz Republic, x x 40 10 10 5 - - - - Turkmenistan and Tajikistan 6 Inventory of difficulties encountered and an outline of a strategy for strengthening x x x x x x 40 40 10 10 - - - - associations 7 Advising existing freight forwarders x x x x x x 40 20 10 5 - - - - associations 8 Encouragement of and assistance to the x x x x x x 30 20 5 5 - - - - foundation of training centres 9 Dissemination of information for freight x x 20 5 5 5 - - - - forwarders 10 Study tour for freight forwarders x x x 30 60 5 10 - - - - associations to Europe 11 Training needs assessment freight 0 0 0 0 - - - - forwarders 12 Selection of trainees 0 0 0 0 - - - -
FREIGHT FORWARDERS TRAINING COURSES – March 2007 27 INTERIM REPORT 3
This Project is funded by the European Union
Project title : Project number : Country : Page : Freight Forwarders Training Courses (TRACECA) EUROPEAID/120540/C/SV/MULTI Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz 3 Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Planning period : Prepared on : Contractor : 10/2006 – 03/2007 March 2007 NEA and its partners in the consortium Wagener & Herbst Management Consultants GmbH, TRADEMCO, Shipping and Transport College Rotterdam Project objectives : To facilitate multi-modal transport and enable faster, safer and more reliable and efficient transport on the TRACECA corridor in order to increase security and improve access to international markets and increase the competitiveness of the TRACECA corridors. The strengthening of the freight forwarder sector in the TRACECA countries through transfer of knowledge, capacity building for freight forwarders associations that are strong and able to take ownership of the further development and professionalism of the freight forwarding and develop improvement measures for the regulatory set-up. No ACTIVITIES IMPLEMENTED TIME FRAME 2006 INPUTS Months PERSONNEL LOCAL PARTNER EQUIPMENT OTHER INTERNATIONAL (M-d) +) AND (M-d) MATERIAL 10 11 12 01 02 03 Planned Utilised Planned Utilised Planned Utilised Planned Utilised
13 Selection and development training x x x x x x 30 70 0 5 - - - - materials 14 Execution training measures x 40 50 5 10 - - - - 15 Training impact assessment x x 10 5 5 5 - - - - TOTAL 320 320 70 75 - - - -
FREIGHT FORWARDERS TRAINING COURSES – March 2007 28 INTERIM REPORT 3
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Annex 2 Resource Utilisation Report (Form 2.3)
Project title : Project number : Country : Page : Freight Forwarders Training Courses (TRACECA) EUROPEAID/120540/C/SV/MULTI Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz 1 Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Planning period : Prepared on : Contractor : 04/2006 – 09/2006 September 2006 NEA and its partners in the consortium Wagener & Herbst Management Consultants GmbH, TRADEMCO, Shipping and Transport College Rotterdam Project objectives : To facilitate multi-modal transport and enable faster, safer and more reliable and efficient transport on the TRACECA corridor in order to increase security and improve access to international markets and increase the competitiveness of the TRACECA corridors. The strengthening of the freight forwarder sector in the TRACECA countries through transfer of knowledge, capacity building for freight forwarders associations that are strong and able to take ownership of the further development and professionalism of the freight forwarding and develop improvement measures for the regulatory set-up.
RESOURCES/INPUTS TOTAL PLANNED PERIOD PLANNED PERIOD REALISED TOTAL REALISED AVAILABLE FOR REMAINDER
PERSONNEL (in man days) Team Leader 295 80 82 166 47 Trade and Transport Expert 200 55 54 112 34 Academic Director 165 25 25 121 19 Training and Project Coordinator 420 115 114 240 66 International senior experts 290 45 45 220 25 Local senior experts 240 70 75 127 38 Total 1610 390 395 1381 229
Incidental Expenditures in euro 630,000 308,200 214,400 539,609 90,391
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This Project is funded by the European Union
Annex 3 Output Performance Report (Form 2.4)
Project title : Project number : Country : Page : Freight Forwarders Training Courses (TRACECA) EUROPEAID/120540/C/SV/MULTI Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz 1 Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Planning period : Prepared on : Contractor : 10/2006 – 03/2007 March 2007 NEA and its partners in the consortium Wagener & Herbst Management Consultants GmbH, TRADEMCO, Shipping and Transport College Rotterdam
Output results Deviation original plan + or - % Reason for deviation Comment
Promotion of necessary changes in legislation Analysis of the existing situation regarding No deviation. legal and regulatory framework freight forwarding industry Benchmark with European countries and No deviation. recommendations for changes in the regulatory framework Strengthening national freight forwarders associations Setting up freight forwarder association in - 30% Priority has been given to training. Attention Turkmenistan has temporarily stopped the the Kyrgyz Republic, Turkmenistan and will be paid to this issue in the last phase of implementation of the project. Tajikistan; re-establish freight forwarder the project. The re-establishment of the national freight association in Azerbaijan forwarders association in Azerbaijan is postponed. Encouragement of and assistance to the No deviation foundation of training centres Study tour for freight forwarders No deviation associations to Europe
FREIGHT FORWARDERS TRAINING COURSES – March 2007 30 INTERIM REPORT 3
This Project is funded by the European Union
Project title : Project number : Country : Page : Freight Forwarders Training Courses (TRACECA) EUROPEAID/120540/C/SV/MULTI Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz 2 Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Planning period : Prepared on : Contractor : 10/2006 – 03/2007 March 2007 NEA and its partners in the consortium Wagener & Herbst Management Consultants GmbH, TRADEMCO, Shipping and Transport College Rotterdam
Output results Deviation original plan + or - % Reason for deviation Comment
Specialist training for freight forwarders Selection of trainees Finalized. Training needs assessment freight Finalized and included in this report. forwarders Selection and development of training No deviation. More time and resources than planned have materials been spent in the development of training materials to improve the quality of both the paper-version as well as the creation of an e- learning environment for the training programme in English and Russian. Execution training measures No deviation. Two study tours to Europe have been organized as well as a large training programme/seminar in Istanbul, Turkey.
FREIGHT FORWARDERS TRAINING COURSES – March 2007 31 INTERIM REPORT 3
This Project is funded by the European Union
Annex 4 Plan of Operations for the Next Period (Work programme) (Form 1.6) Project title : Project number : Country : Page : Freight Forwarders Training Courses (TRACECA) EUROPEAID/120540/C/SV/MULTI Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz 1 Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Planning period : Prepared on : Contractor : 10/2006 – 03/2007 March 2007 NEA and its partners in the consortium Wagener & Herbst Management Consultants GmbH, TRADEMCO, Shipping and Transport College Rotterdam Project objectives : To facilitate multi-modal transport and enable faster, safer and more reliable and efficient transport on the TRACECA corridor in order to increase security and improve access to international markets and increase the competitiveness of the TRACECA corridors. The strengthening of the freight forwarder sector in the TRACECA countries through transfer of knowledge, capacity building for freight forwarders associations that are strong and able to take ownership of the further development and professionalism of the freight forwarding and develop improvement measures for the regulatory set-up. TIME FRAME INPUTS 2007 (months) PERSONNEL EQUIPMENT OTHER (Man-Days) AND MATERIAL No ACTIVITIES 04 05 06 07 08 09 International Local 1 Analysis existing situation regarding legal and regulatory 0 0 - - framework for the freight forwarding industry 2 Benchmark with European countries and recommendations for changes in the regulatory 0 0 - - framework for the freight forwarding industry 3 Promotion of changes in the regulatory framework for the x x x x x x x x x x x x 16 5 - - freight forwarding industry 4 Study tour aiming at dissemination of project findings x x x x 30 10 - - among major decision-makers of regulatory bodies
FREIGHT FORWARDERS TRAINING COURSES – March 2007 32 INTERIM REPORT 3
This Project is funded by the European Union
Project title : Project number : Country : Page : Freight Forwarders Training Courses (TRACECA) EUROPEAID/120540/C/SV/MULTI Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz 2 Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Planning period : Prepared on : Contractor : 10/2006 – 03/2007 March 2007 NEA and its partners in the consortium Wagener & Herbst Management Consultants GmbH, TRADEMCO, Shipping and Transport College Rotterdam Project objectives : To facilitate multi-modal transport and enable faster, safer and more reliable and efficient transport on the TRACECA corridor in order to increase security and improve access to international markets and increase the competitiveness of the TRACECA corridors. The strengthening of the freight forwarder sector in the TRACECA countries through transfer of knowledge, capacity building for freight forwarders associations that are strong and able to take ownership of the further development and professionalism of the freight forwarding and develop improvement measures for the regulatory set-up. TIME FRAME INPUTS 2007 (months) PERSONNEL EQUIPMENT OTHER (Man-Days) AND MATERIAL No ACTIVITIES 04 05 06 07 08 09 International Local 5 Setting up freight forwarders associations in Kyrgyz Republic, x x x x x x x x x x x x 15 5 - - Turkmenistan and Tajikistan 6 Inventory of difficulties encountered and an outline of a x x 15 0 - - strategy for strengthening associations 7 Advising existing freight x x x x x x 25 0 - - forwarders associations 8 Encouragement of and assistance to the foundation of x x x x x x x x x x x x 10 0 - - training centres 9 Dissemination of information for x x x x x x x x x x x x 10 5 - - freight forwarders 10 Study tour for freight forwarders 0 0 - - associations to Europe 11 Training needs assessment 0 0 - - freight forwarders
FREIGHT FORWARDERS TRAINING COURSES – March 2007 33 INTERIM REPORT 3
This Project is funded by the European Union
Project title : Project number : Country : Page : Freight Forwarders Training Courses (TRACECA) EUROPEAID/120540/C/SV/MULTI Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyz 3 Republic, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan Planning period : Prepared on : Contractor : 10/2006 - 03/2007 March 2007 NEA and its partners in the consortium Wagener & Herbst Management Consultants GmbH, TRADEMCO, Shipping and Transport College Rotterdam Project objectives : To facilitate multi-modal transport and enable faster, safer and more reliable and efficient transport on the TRACECA corridor in order to increase security and improve access to international markets and increase the competitiveness of the TRACECA corridors. The strengthening of the freight forwarder sector in the TRACECA countries through transfer of knowledge, capacity building for freight forwarders associations that are strong and able to take ownership of the further development and professionalism of the freight forwarding and develop improvement measures for the regulatory set-up. TIME FRAME INPUTS 2007 (months) PERSONNEL EQUIPMENT OTHER (Man-Days) AND MATERIAL
No ACTIVITIES 04 05 06 07 08 09 International Local
12 Selection of trainees 0 0 - - 13 Selection and development x x x x x x 30 5 - - training materials 14 Execution training measures x x x X x x x x 30 5 - - 15 Training impact assessment x x x x 10 3 - - TOTAL 191 38 - -
FREIGHT FORWARDERS TRAINING COURSES – March 2007 34 INTERIM REPORT 3
This Project is funded by the European Union
Annex 5 Multimodal Transport Operator
Draft Agreement of the IGC TRACECA on the development of Multimodal Transport]
[Draft Agreement of the IGC TRACECA on [Проект Соглашения МПК ТРАСЕКА о развитии the development of Multimodal Transport] мультимодальных перевозок]
1. Objectives 1. Цели
1.1. The Parties shall endeavour to 1.1. В целях создания единой правовой основы harmonize their legislation to implement a развития мультимодальных перевозок, Стороны unified legal framework using the definitions будут стремиться к гармонизации and based upon the concepts contained законодательства посредством использования herein. определений и основываясь на концепциях, содержащихся в настоящем документе.
1.2. For this purpose the Parties may set up 1.2. Для достижения указанных целей, a Legal Working Group, as referred to in руководствуясь пунктом 7 статьи 8 Основного Clause 7 article 8 of the Basic Multilateral многостороннего соглашения по развитию Agreement on international transport for the международного коридора Европа-Кавказ-Азия, development of international corridor Стороны могут создать рабочую группу по Europe-the Caucasus-Asia, which will юридическим вопросам, которая разработает adhere to the concepts and definitions обязательный для сторон правовой инструмент contained herein to work out a legal (далее «Инструмент») в соответствии с instrument, (“the Instrument”) mandatory for концепциями и определениями, изложенными в the signatories thereto. настоящем документе.
2. Scope 2. Объем
2.1. The Instrument reached by means of 2.1. Инструмент, созданный в соответствии с this Agreement shall be the basis for further договоренностями, достигнутыми по настоящему development of a legal framework for Соглашению, будет принят за основу для multimodal transport performed between дальнейшей разработки правового обеспечения places in two Parties, if the place of taking in мультимодальных перевозок, осуществляемых charge or delivery of the Goods as provided между пунктами в двух Сторонах, когда место for in the multimodal transport contract is оправки или доставки груза, указанные в договоре located in a Party. перевозки, находится в одной из Сторон.
2.2. The contracting parties may decide to 2.2. Стороны договора перевозки могут принять apply the provisions of the Instrument in full решение о применении Инструмента полностью or in part for carriage performed involving или в части в отношении перевозок, one or several modes of transport, with осуществляемых одним или несколькими видами issuance of a single transport document or транспорта, с выдачей единого провозного without it. документа или без такового.
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3. Definitions 3. Определения
For the purposes of the Instrument, the В целях Инструмента, следующие наименования following definitions shall bear the meanings имеют следующие значения: as follows:
Multimodal transport means a goods Мультимодальная перевозка - перевозка transportation performed by at least two грузов, осуществляемая двумя или более видами different modes of transport транспорта
Multimodal transport contract means a Договор мультимодальной перевозки – single contract for the carriage of goods by at единый договор на доставку груза двумя или least two different modes of transport более видами транспорта
Multimodal transport operator (MTO) Оператор мультимодальной перевозки (ОМП) means a natural or legal person who – физическое или юридическое лицо, concludes a multimodal transport contract заключающее договор мультимодальной and assumes responsibility for the перевозки и принимающее на себя полную performance thereof by issuing a document ответственность за его исполнение посредством of multimodal transportation either in выдачи переводного или непереводного negotiable or non-negotiable form документа мультимодальной перевозки;
Carrier means the person who actually Перевозчик – лицо, фактически performs or undertakes to perform the осуществляющее перевозку или ее часть или принявшее на себя обязательства по перевозке carriage, or part thereof, whether he is identical with the multimodal transport полностью или в части, как являющееся перевозки так и operator or not оператором мультимодальной не являющееся им. Consignor means the person who Грузоотправитель – лицо, заключившее concludes the multimodal transport contract договор на осуществление мультимодальной with the multimodal transport operator. перевозки с оператором мультимодальной перевозки.
Consignee means the person entitled to Грузополучатель – лицо, имеющее право receive the goods from the multimodal получения груза от оператора мультимодальной transport operator. перевозки.
Multimodal transport document means a Документ мультимодальной перевозки – document evidencing a multimodal transport документ, удостоверяющий заключение contract issued in a negotiable or a non- договора мультимодальной перевозки, negotiable form (consignment note of выданный в переводной или непереводной multimodal transportation, multimodal форме (в форме коносамента мультимодальной transport waybill and any other legally перевозки, накладной мультимодальной accepted form), whereby the MTO has перевозки или в любой иной законной форме) и accepted the goods for carriage and подтверждающий принятие груза оператором assumed the responsibility to deliver the мультимодальной перевозки в свое ведение, а goods as agreed thereby. также его обязательство доставить груз в соответствии с условиями этого договора.
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Delivery means the handing over of the Доставка – передача груза грузополучателю, а goods to the consignee, or the placing of the также предоставление груза в распоряжение goods at the disposal of the consignee in грузополучателя в силу закона, договора accordance with the multimodal transport мультимодальной перевозки или обычая contract or with the law or usage of the делового оборота, применимого в месте particular trade applicable at the place of доставки, а также передача груза органам или delivery, or the handing over of the goods to иным третьим лицам, которым должен быть an authority or other third party to whom, передан груз в соответствии с законом, pursuant to the law or regulations applicable действующим в месте доставки груза. at the place of delivery, the goods must be handed over.
Special Drawing Right (SDR) means the СПЗ - специальные права заимствования в unit of account as defined by the определении Международного валютного International Monetary Fund. фонда.
Goods means any property including live Груз - любое имущество и собственность, animals as well as containers, pallets or включая живых животных, а также контейнеры, similar articles of transport or packaging not поддоны и другие подобные предметы supplied by the MTO. перевозки или упаковки, если только они не предоставлены ОМП.
4. Documents 4. Документы
The form of the multimodal transport Правительства Сторон могут рекомендовать для document used under the Instrument, may использования в целях Инструмента форму be advised by the Governments of the документа мультимодальной перевозки. Parties.
The Government of one Party shall agree to Правительства каждой из Сторон согласятся recognize the form of the multimodal признавать форму документа мультимодальной transport documents advised by the перевозки, рекомендованной правительством Government of any other Party, so as to любой другой Стороны, с тем, чтобы не avoid impeding the performance of a препятствовать осуществлению multimodal transportation performed мультимодальной перевозки между Сторонами. between the Parties. The Legal Working Group set up to develop Рабочая группа по юридическим вопросам, the Instrument shall develop and recommend созданная для разработки Инструмента, for use by the Parties the model document подготовит и рекомендует для использования for multimodal transportation, referred to Сторонами модельный документ above as the multimodal transport document, мультимодальной перевозки, здесь и выше in accordance with the UN layout key называемый документ мультимодальной перевозки, в соответствии с шаблоном ООН.
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5. Insurance 5. Страхование
5.1 The Parties shall endeavour to provide a 5.1 Стороны будут стремиться обеспечить legal basis to enable the MTO to: правовую основу для того, чтобы ОМТ имел возможность:
- insure his public liability risks in connection - застраховать свою гражданскую with the transportation process ответственность в связи с процессом перевозки
- insure his liability in connection with the - застраховать свою ответственность в связи с goods in his charge грузом, находящимся в его распоряжении
5.2. The Parties shall however leave it to the 5.2. Стороны предоставят возможность МТО discretion of the MTO to provide insurance определять по собственному усмотрению as referred to in 5.1., depending on the объект страхования в соответствии с указанием contractual arrangements with the client. в п. 5.1., в зависимости от условий договора, согласованных с клиентом.
5. Responsibilities of the multimodal 5. Ответственность оператора transport operator мультимодальной перевозки
5.1. The Instrument shall provide that the 5.1. Ответственность оператора period of responsibility of the MTO shall мультимодальной перевозки на основании include the whole time when the MTO has Инструмента охватывает период с момента the goods in his charge, until their delivery. принятия груза в свое ведение до момента выдачи груза.
5.2. The Instrument shall also provide that: 5.2. Кроме того, на основании Инструмента: the MTO shall be responsible for acts and ОМП несет ответственность за действия и omissions of his servants or agents, when бездействия его служащих или агентов, если any such servant or agent is acting within the такой служащий или агент действуют в scope of his employment пределах своих служебных обязанностей; the MTO shall be responsible for any other ОМП несет ответственность за действия любого person of whose services he makes use for другого лица, услугами которого он пользуется the performance of the contract, as if such для исполнения договора перевозки, как если acts and omissions were his own бы такие действия и бездействия были совершены им самим.
5.3. The Instrument shall also provide that 5.3. Обязательства, принятые на себя ОМП в the MTO may undertake to perform or to соответствии с Инструментом, могут быть procure the acts necessary to ensure определены как действия либо по доставке delivery of the goods. груза, либо по обеспечению его доставки.
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5.4. The Instrument shall provide the 5.4. На основании положений Инструмента груз following modalities of delivering the goods может быть передан грузополучателю to the consignee: следующими способами: (a) when the MT document has been issued (а) если документ мультимодальной перевозки in a negotiable form "to bearer", to the выдан как оборотный и составлен в виде person surrendering one original of the документа «на предъявителя», то груз document, or выдается лицу, предъявившему оригинал документа мультимодальной перевозки, либо
(b) when the MT document has been issued (б) если документ мультимодальной перевозки in a negotiable form "to order", to the person выдан как оборотный и составлен в виде surrendering one original of the document ордерной ценной бумаги, груз выдается лицу, duly endorsed, or предъявившему документ мультимодальной перевозки с надлежащей передаточной надписью, либо
(c) when the MT document has been issued (в) если документ мультимодальной перевозки in a negotiable form to a named person, to выдан как оборотный и составлен в виде that person upon proof of his identity and именной ценной бумаги, то уполномоченному surrender of one original document; if such лицу, по предъявлению им документов, document has been transferred "to order" or удостоверяющих его личность и оригинала in blank the provisions of (b) above apply, or такого документа; если же оригинал уже был передан по приказу либо по бланковому индоссаменту, то применяются положения пункта (б); либо:
(d) when the MT document has been issued (г) если документ выдан как необоротный, то in a non-negotiable form, to the person лицу, указанному в документе в качестве named as consignee in the document upon грузополучателя, по предъявлении им proof of his identity, or документов, удостоверяющих его личность, либо
(e) when no document has been issued, to a (e) если документ мультимодальной перевозки person as instructed by the consignor or by a не был выдан ОМП, то лицу, указанному person who has acquired the consignor's or грузоотправителем, либо лицу, к которому the consignee's rights under the multimodal перешли права грузоотправителя или transport contract to give such instructions. грузополучателя выдавать инструкции по договору мультимодальной перевозки.
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6. Liability of the multimodal transport 6. Ответственность оператора operator мультимодальной перевозки The Instrument shall provide that: Следующие основания ответственности будут предусмотрены Инструментом:
6.1. The MTO is liable for loss resulting from 6.1. ОМП несет ответственность за ущерб, loss of, or damage to, the goods as well as являющийся результатом утраты или from delay in delivery, unless the MTO повреждения груза, а также задержки в proves that no fault or neglect of his own, his доставке, если только он не докажет, что утрата, servants, agents or sub-contractors has повреждение или задержка в доставке груза не caused or contributed to the loss, damage or обусловлены виной или небрежностью его delay in delivery. самого, его служащих или агентов, а также лиц, услугами которых он пользуется для исполнения договора мультимодальной перевозки.
6.2. Delay in delivery occurs when goods 6.2. Задержка в доставке имеет место, если груз have not been delivered within the time не был доставлен в пределах срока, прямо expressly agreed upon or, in the absence of определенного соглашением, или при such an agreement, within the time it would отсутствии такого соглашения – в пределах be reasonable to require of a diligent MTO, срока, который было бы разумно требовать от having regard to the circumstances of the заботливого оператора мультимодальной case. перевозки с учетом конкретных обстоятельств.
6.3. If the goods have not been delivered 6.3. Если груз не был доставлен в течение 90 within 90 consecutive days following the date календарных дней по истечении срока доставки, of delivery, the claimant may, in the absence то лицо, уполномоченное заявить требование, of evidence to the contrary, treat the goods при отсутствии фактов, свидетельствующих об as lost. обратном, может считать груз утраченным.
7. Limitation of liability of the multimodal 7. Предел ответственности оператора transport operator мультимодальной перевозки The Instrument shall provide that: Следующие пределы ответственности будут предусмотрены Инструментом:
7.1. If the nature and value of the goods 7.1. Если характер и стоимость груза были have been declared by the consignor before заявлены Грузоотправителем до передачи груза the goods have been taken in charge by the оператору мультимодельной перевозки и были MTO and inserted with the agreement of the согласованы с ним в документе MTO in the multimodal transport document, мультимодальной перевозки, оператор the MTO shall be liable in full for the loss of мультимодельной перевозки несет the goods and shall be liable for the goods ответственность в полном объеме за утерю damaged in the amount equivalent to the груза, несет ответственность за ущерб, value of goods damaged, or, in case where причиненный при перевозке груза, в размере the damage to the goods is such that none of стоимости поврежденного груза, а при the goods can be recovered, the MTO shall невозможности восстановления поврежденного have to compensate in full for the goods lost. груза, оператор обязан полностью The value of the goods shall be deemed to компенсировать стоимость утраченного груза. be the Invoice value. Стоимость груза определяется исходя из его цены, указанной в счете продавца. FREIGHT FORWARDERS TRAINING March 2007 40 COURSES - INTERIM REPORT 3
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7.2. In all other cases when the nature and 7.2. Во всех остальных случаях, когда характер value of the goods have not been declared и ценность груза не объявлены by the consignor, the MTO’s liability for loss грузоотправителем, ответственность ОМП за of, and damage to the goods shall be limited утрату, повреждение груза, ограничивается to 8.33 SDR per kilogram of gross weight of суммой, не превышающей 8.33 СПЗ за кг веса the goods lost or damaged. брутто утраченного или поврежденного груза.
7.3. Liability for loss resulting from delay in 7.3. За убытки вследствие просрочки в доставке delivery, and for consequential loss or груза, а также за косвенные убытки и ущерб, damage other than loss of, or damage, to the кроме утраты или повреждения груза, оператор goods is limited to 5 percent of the мультимодальной перевозки уплачивает transportation contract price for every day of неустойку в размере не более 5 процентов delay. However, in any event, the liability of платы, согласованной в договоре на перевозку, the MTO for the delay in delivery of goods за каждые сутки просрочки. Ответственность cannot exceed the amount of the оператора мультимодальной перевозки за transportation cost agreed in the multimodal просрочку доставки груза не может превышать transport contract. общую сумму провозных платежей в соответствии с договором мультимодальной перевозки груза.
7.4. The MTO is not entitled to the benefit of 7.4. ОМП не имеет права на ограничение the limitation of liability if it is proved that the ответственности, если будет доказано, что loss, damage or delay in delivery resulted утрата, повреждение или задержка в доставке from an act or omission of the MTO done груза явились результатом намеренных with the intent to cause such loss, damage or действий или упущений оператора delay or recklessly and with knowledge that мультимодальной перевозки, совершенных с such loss, damage or delay would probably пониманием вероятности возникновения такой result. утраты, повреждения или задержки.
8. The right of lien 8. Право залога The MTO shall have the right of lien on the Оператор мультимодальной перевозки имеет goods and documents in his charge, until the право удержания груза, который находится в его MTO is fully paid for the transportation and распоряжении, в обеспечение причитающихся reimbursed for other costs incurred in ему провозной платы и других платежей по connection with the transportation, unless перевозке, если иное не согласовано в договоре otherwise agreed by the Contract. перевозки.
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9. Liability of the consignor 9. Ответственность грузоотправителя
The Instrument shall provide that: Следующие основания ответственности будут предусмотрены Инструментом:
9.1. The consignor is deemed to have 9.1. По общему правилу считается, что guaranteed to the MTO all information given грузоотправитель гарантирует ОМП with respect to the goods, and, in particular, предоставление всех сведений о грузе и, в wherever applicable, their dangerous частности, об опасном характере груза. character.
9.2. The consignor shall indemnify the MTO 9.2. Грузоотправитель гарантирует ОМП against any loss resulting from inaccuracies возмещение ущерба и освобождение от in or inadequacies of the particulars referred ответственности за убытки, понесенные в to above. результате указания недостоверных, неточных или неполных сведений в транспортных документах.
9.3. The consignor shall remain liable even if 9.3. Грузоотправитель несет ответственность the multimodal transport document has been даже в том случае, если документ transferred by him. мультимодальной перевозки был передан им другому лицу.
9.4. The right of the MTO to such indemnity 9.4. Право ОМП на получение от shall in no way limit his liability under the грузоотправителя гарантии компенсации ущерба multimodal transport contract to any person и освобождения от ответственности, никоим other than the consignor. образом не ограничивает ответственность ОМП перед любым иным лицом, отличным от грузоотправителя.
10. Time-bar 10. Исковая давность
10.1 The time-bar set for all purposes of the 10.1 Срок исковой давности, устанавливаемый в Instrument, shall be one year. целях Инструмента, равен одному году.
10.2 Time begins to run for the purposes of 10.2 Срок исковой давности исчисляется со дня, the time bar on the day following the day of следующего за днем доставки груза, либо днем, delivery of the goods or the date when the когда груз должен был быть доставлен. goods should have been delivered.
11. The scope of the Instrument 11. Объем регулирования Инструмента
Where neither other international Положения национальных законов и Договора agreements and conventions nor the мультимодальной перевозки действует в части Instrument make specific provisions, national отношений, не урегулированных положениями law and the provisions of the contract shall международного договора или Инструмента. apply.
FREIGHT FORWARDERS TRAINING March 2007 42 COURSES - INTERIM REPORT 3
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Annex 6 Study Tour Europe October 9-17, 2006
FREIGHT FORWARDERS TRAINING March 2007 43 COURSES - INTERIM REPORT 3
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Participants Study Tour Europe October 9-17, 2006
Country Name Company Position Address
1. Armenia Anna Danielyan Association of Secretary General 12 V.Vagarshyan, r. Armenian Freight 403, Yerevan, Armenia Forwarders
2. Armenia Karapet Avagyan Association of Head of Financial 12 V.Vagarshyan, r. Armenian Freight Department 403, Yerevan, Armenia Forwarders
3. Azerbaijan Javid Murphy Shipping and Maersk Line Garadagh district, Mirzamammadov Commercial Services representative in Salyan highway, Baku J.V. Azerbaijan AZ1083, Baku, Azerbaijan 4. Azerbaijan Sulhaddin Gezalov Azerbaijan Technical Deputy chair of 25 H. Javid str. Baku University Motor Transport AZ0073, Baku, Facilities Azerbaijan
5. Azerbaijan Gunel Farzaliyeva Freight Forwarders Coordinator of FFTC 8 Gen,Aliyarbeyov str, Training Courses Project Baku AZ1005, Baku, (TRACECA Project) Azerbaijan
6. Georgia Shengelia Zurab Association of Georgian Secretary General 12A Al. Kazbegi ave. Freight Forwarders 0160 Tbilisi, Georgia
7. Georgia Mikheil Civil Aviation Head of Department 12A Al. Kazbegi ave. Nadareishvili Administration of 0160 Tbilisi, Georgia Georgia
8. Kazakhstan Nikolai Anisimov
9. Kyrgyzstan Temirbek Association of General secretary 39 Kiyevskaya str, Musayevich Forwarders and Kyrgyzstan Shabdanaliyev Carriers
10. Kyrgyzstan L.I.Kasyanova "ZhelDorAziyaCentre" Director 9 Pushkin str. Shopokovo city , Kyrgyzstan
11. Moldova Serghei Taran Training Centre of Director МD-2051, Republica International Carriers Moldova, Kishinev , str. Ion Pelevan 30/6 - 6
12. Moldova Ina Angheliuc Moldavian Agency of Head of External 16/1 Florilor str МD- International Road relations 2068 Kishinev Carriages of Ministry of Department Transport and Road Services
FREIGHT FORWARDERS TRAINING March 2007 44 COURSES - INTERIM REPORT 3
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Country Name Company Position Address
13. Tajikistan Boymurod Tajikistan Republic Head 79, Puskin str, Eshonov Forwarders Association Dushanbe 735300
14. Tajikistan Mirali Nurmatov FF Terminal in Deputy Director 20B Dexoti str, Dushanbe city of Dushanbe, app.9, ABBAT 735300
15. Turkmenista Tayliev Turkmen Association of General 95 Azady str, Ashgabat, n Durdymurad International Road Secretary Turkmenistan Carriers
16. Turkmenista Shaguly TurkmenTransInspectio Director 95 Azady str ,Ashgabat, n Gayipniyazov n Turkmenistan
17. Ukraine Oleg Platonov Board Ukrzovnishtrans, President 12 Zabolotniy str "Plaske" Joint stock ,Odessa, 65001, venture. Ukraine
18. Ukraine Sergiy Kokot AIRCU Training Director 11A Grigorenko str, Consulting Center Kiev, Ukraine
19. Ukraine Mikhail Falchenko Pass No: AH 910125 Interpreter issue: 24.06.2000 valid until: 20.06.2010 Date of birth: 02.05.1978 20. Uzbekistan Davronbek Association of Freight General Director 2 Chotkol str, 100077, Khamraev Forwarders of Tashkent, Uzbekistan Uzbekistan- AMEUz 21. Uzbekistan Alexandr Kim "Almalykvneshtrans“ Deputy Director 29 Sh. Rashidov str, LLC Almalyk city 702400, Tashkent, Uzbekistan
22. Russia Prokofiev Mikhail MADI Moscow Professor Educational &Training Wagener & Herbst Centre Project & Training Moscow Transport Coordinator Institute 64, Leningradsky Prospekt 125829 Moskau, Russland
FREIGHT FORWARDERS TRAINING March 2007 45 COURSES - INTERIM REPORT 3
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Programme of the Study Tour to Germany and the Netherlands 9 – 17 October 2006 Monday October 9th
Time Activity Who Morning Arrival at Frankfurt/Main Airport Wagener & Herbst Pick-up at airport; Travel to hotel
Afternoon Arrival at Frankfurt/Main Airport Pick-up at airport, Travel to hotel Wagener & Herbst
Word of Welcome and Registration Norbert Wagener
Airporthotel Formann An der Brücke 8-10 64546 Mörfelden-Walldorf www.airporthotel-formann.com
Tuesday October 10th
Time Activity Who 08.45 Departure from Hotel to FIT, Frankfurt
09.15 – 11.15 FIT Intermodal Terminal, Frankfurt Wagener & Herbst “Management of Combined Transport Terminal” Presentation, Visit
11.30 Lunch
12.15 Travel to Düsseldorf by Bus Wagener & Herbst to Lindner Hotel Lindner Hotel Airport Düsseldorf Unterrather Str. 108, 40468 Düsseldorf
15.00 – 16.30 YUSEN Sea & Air, Düsseldorf YUSEN “From Forwarding to Logistics” Wagener & Herbst Seminar, Visit
16.30 Travel from Hotel to YUSEN Branch YUSEN Mündelheimer Weg 59, Wagener & Herbst Düsseldorf Visit Warehouse
17.00 – 18.00 Travel to Bonn by Bus Wagener & Herbst
FREIGHT FORWARDERS TRAINING March 2007 46 COURSES - INTERIM REPORT 3
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Evening Dinner Wagener & Herbst
Günnewig Hotel Bristol Bonn Prinz-Albert-Strasse 2 53113 Bonn www.guennewig.de
Wednesday October 11th
Time Activity Who 09.10 Travel by Bus to German Federal Ministry of Transport, Bonn
09.30 – 11.30 BMVBS Bonn, Room 0.121 Wagener & Herbst Presentation of BAG
11.45 Lunch in Canteen from German Federal Ministry of Transport
12.45 Travel
13.00 – 16.00 Deutscher Speditions- und Logistikverband e.V. Bonn Wagener & Herbst Plenary Introduction and 2 group sessions „Organization of Association“, „Training“
16.00 – 18.00 Town Visit Bonn Wagener & Herbst
19.00 Dinner
Thursday October 12th
Time Activity Who Travel to Rotterdam by Bus Accompanied by Mikhail Prokofiev
12.30 – 13.30 Lunch at Hotel Ara NEA Robbert Lunsingh Scheurleer Veerweg 10 3336 LM Zwijndrecht 0786-231780
14.30 Plenary Discussion with Dutch Freight FENEX Rotterdam Fowarders Association Mr Han van Os
Seattleweg 7 3195 ND PERNIS-RT 010-40 20 398
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Review Discussion FENEX and NEA
17.00 Travel to Delft – check in Hotel de Kok Houttuinen 14 2611 AJ Delft www.hoteldekok.nl
19.00 – 22.00 Dinner at Restaurant Prinsenkelder NEA
Restaurant de Prinsenkelder Schoolstraat 11 2611 HS Delft 015-212 18 60
Friday October 13th
Time Activity Who 09.30 Bus departs to Rotterdam NEA Robbert Lunsingh Scheurleer René Meeuws
Training Transport, Freight Forwarding and STC Logistics Cas van der Baan
Lloydstraat 300 3024 EA Rotterdam 010-448 6000
12.00 – 13.00 Lunch STC
13.00 Departure to ECT NEA Trip over Maasvlakte and ECT Terminal with Guide
16.15 Departure to Delft
Evening Dinner free choice
FREIGHT FORWARDERS TRAINING March 2007 48 COURSES - INTERIM REPORT 3
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Saturday October 14th
Time Activity Who 10.00 Bus departs from Hotel NEA To Amsterdam Elizabeth van Groll Robbert Lunsingh Scheurleer
11.30 Programme in Amsterdam, Boat trip
13.00 Lunch in De Jaren
14.00 Guided tour through Amsterdam
16.00 Drink in Wijnand Fockink
18.00 Bus Departs for Delft
Evening Free time
Sunday October 15th
Time Activity Who 10.00 Bus departs from Hotel NEA To the Delta Works (Neeltje Jans) Elizabeth van Groll
11.30 Film on the Deltaworks in Russian
12.00 – 13.00 Lunch at Neeltje Jans
13.00 – 14.00 Guided tour over the Deltaworks
14.00 – 15.00 Opportunity to walk around and visit Museum etc.
15.30 Bus Departs for Delft
Evening Free time
FREIGHT FORWARDERS TRAINING March 2007 49 COURSES - INTERIM REPORT 3
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Monday October 16th
Time Activity Who 09.15 Bus departs from Hotel to NEA NEA Check out
09.45 Speech by Managing Director NEA Menno M. Menist
Morning FMST Training with E-Learning Components Govert van den Aardweg NEA Robbert Lunsingh Scheurleer
Experiences with Associations NEA Klaas Westerkamp
12.30 Lunch at Thais Restaurant NEA
14.00 Bus Departs for Frankfurt, Check in to Hotel
Evening Farewell Dinner Wagener & Herbst
Airporthotel Formann An der Brücke 8-10 64546 Mörfelden-Walldorf www.airporthotel-formann.com
Tuesday October 17th
Time Activity Who Departure from Frankfurt Hotel Wagener & Herbst
FREIGHT FORWARDERS TRAINING March 2007 50 COURSES - INTERIM REPORT 3
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Annex 7 Study Tour Europe March 19-27, 2006
FREIGHT FORWARDERS TRAINING March 2007 51 COURSES - INTERIM REPORT 3
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Country Name Company Position Address Date of birth/ Passport Date of issue/ Place of birth number Date of expiry
Manager Coordinator for 0099, 6/1 Abelyan str, 21.07.1964 29.04.1997 Armenia Armen Davtyan “Apaven” LTD AB0366709 Tracking Service Yerevan, RA Qajaryan, Armenia 29.04.2012
Operator in Export 0010, 23/1 Pushkini str, 08.08.80 24.06.1997 Armenia Tatevik Mkrtchyan “Trans-Alliance” LTD AB0341220 Department Yerevan, RA Yerevan, Armenia 24.06.2007
National Secretary; permanent Akif Mustafayev PS IGC TRACECA 8/2 General Aliyarbeyov str, 17.02.1947 09.08.2006 Azerbaijan representative PS IGC SO140456 in Azerbaijan AZ-1005, Baku-Azerbaijan TRACECA in Sheki, Azerbaijan 09.08.2009 Azerbaijan
Freight Forwarding Project Coordinator in 8/2 General Aliyarbeyov str, 21.08.80 13.11.2002 Azerbaijan Gunel Farzaliyeva P0955608 Training Courses Azerbaijan AZ-1005, Baku-Azerbaijan Baku, Azerbaijan 13.11.2007
8 Shahbazi str, AZ – 1006 Nariman Mamedov Blue Water Shipping 10.07.1969 18.11.2005 Azerbaijan Operations Director Baku, Azerbaijan P1632541 Moscow, Russia 18.11.2010
Yelena TRACECA 8/2 General Aliyarbeyov str, 26.07.1967 21.08.1998 Azerbaijan Database Expert N2244644 Vassilevskaya representative AZ-1005, Baku-Azerbaijan Russia 26.07.2012
8/2 General Aliyarbeyov str, 12.05.1978 Azerbaijan Ulvi Salayev Interpreter P1885845 19.02.2012 AZ-1005, Baku-Azerbaijan Azerbaijan
FREIGHT FORWARDERS TRAINING COURSES – March 2007 52 INTERIM REPORT 3
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Gia Tsipuria 0160 Tbilisi, Association of Georgia International road carriers General Secretary Al. Kazbegi ave 12 а 29.05.1965 0906952 30.01. 2008
of Georgia Fax/tel-99532-332501
Centre of Procedures and 15 Tamar Mepe avenue, Tamaz Tsikhelashvili Conditions of Commercial Service of the Freight Head Tbilisi, 0112 26.09.2015 Georgia 25.08.1952 1667170 Transportation tel:99532-563214
Department "Georgian tel/fax:99532-564514 Railway" Ltd
Zhanbolat Aknazarov “Kazinterfreight – Aktobe” 127 Furmanov str. Almaty, 13.07.1969 02.11.1997 Kazakhstan Director 1545383 LTD 050000, Kazakhstan Aktybinskaya olb. 13.07.2014
127 Furmanov str. Almaty, 05.01.1979 14.01.2004 Kazakhstan Dmitriy Segal Mega Kazakhstan” LTD Director 44003902 050000, Kazakhstan Kazakhstan 13.01.2014
Bishkek Automobile- 720060, Bishkek, 6 mikro 04.04. 1960 Ulukbek Davliatov Traffic Technical School, Automobile transport region, 13-58, 20.08.1998 Kyrgyzstan Kyrgyzstan А 1349096 Deputy Director operations engineer Tel: (0996312) 541953, 31.12.2010 416361 16.06. 1961 720020, Bishkek, 7 -45 31.10.2002 OsOO „Nogaro“ Suerkulova snr, Tel: Kyrgyzstan Kyrgyzstan Anatolii Onyschenko Director КС278175 31.10.2012 (0996312) 545528, 645062 e-mail: [email protected]
Director of External Ministry of Transport and 5 Chetatya Albe str, app. Relations and European Moldova Iliana Stasiuc 137 MD 2012, Kishinev 20.02.1972 А1547413 29.09.2004 Road Services integration [email protected] Administration
FREIGHT FORWARDERS TRAINING COURSES – March 2007 53 INTERIM REPORT 3
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IGC TRACECA in National Secretary IGC 12 A Bukuriey str, office 405 Eduard Biriucov Moldova Kishinev 06.08.1967 А 2668695 24.10.2006 Moldova TRACECA
30.01.1957 Tajikistan Republic 79, Puskin str, Dushanbe 28.02.2004 Tajikistan Eshonov Boymurod Head Dangarinskiy disctrict, TJK 078678 735300 Forwarders Association Tajikistan 28.02.2009
79, Pushkin str, Dushanbe 15.10.2003 Tajikistan Rakhimov Saidullo "Orien Trans” LTD General Director 03.03.1960 TJK 001432 735300 15.10.2008
Kyiv, Ukraine 01042 Patris Lumumba street 4/6 A FF Association 20. 06.1944 24.10.00/ Ukraine Eugeniy Novikov President off.305 KC651585 UKRZOVNISHTRANS 24.10.10 [email protected] +38 044 2060509 Suite 20, 29.05.03/ 112-B Saksahanskoho Str., 12.04.1955 29.05.13 Ukraine Yuriy Prikhodko FF association AIFFU President Kyiv, 01032, Ukraine AX408828
+38 044 235 5115
Cherkasi, Ukraine 22.06.2000 Ukraine Mykhaylo Falchenko Interpreter AH910126 02 May, 1978 22.06.2010
Uzbekistan, Tashkent, Sharof Rashidov str, 40 - Uzbek International Tashkent, Uzbekistan Uzbekistan Boris Mironchik Deputy Chairman Uzbek International CA 2314062 28.11. 2006 Forwarders Association Forwarders Association 10 October, 1952 tel. (+998 71) 153-57-46 Uzbekistan, Tashkent, Sharof Rashidov str, 40 - "Sharq Trans Service" Tashkent, Uzbekistan Uzbekistan Abdugappar Mirzaev Head Uzbek International CA 1500585 01.03.2006 company Forwarders Association 2 August, 1953 tel. (+998 71) 153-57-46
FREIGHT FORWARDERS TRAINING COURSES – March 2007 54 INTERIM REPORT 3
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Programme Programme of the Study Tour to Germany and the Netherlands 19 – 26 March 2007
Monday March 19th
Time Activity Who Morning Arrival at Frankfurt/Main Airport Wagener & Herbst Pick-up at airport; Travel to hotel
Afternoon Arrival at Frankfurt/Main Airport Pick-up at airport, Travel to hotel Wagener & Herbst
Word of Welcome and Registration Norbert Wagener
Airporthotel Formann An der Brücke 8-10 64546 Mörfelden-Walldorf www.airporthotel-formann.com
Tuesday March 20th
Time Activity Who 08.45 Departure from Hotel to FIT, Frankfurt
09.15 – 11.15 FIT Intermodal Terminal, Frankfurt Wagener & Herbst “Management of Combined Transport Terminal” Presentation, Visit Infraserv GmbH & Co KG Herr Udo Heepe, Terminalleitung FIT Industriepark Höchst Tor Süd 65926 Frankfurt/Main
11.30 Lunch
12.15 Travel to Düsseldorf by Bus Wagener & Herbst to Lindner Hotel Lindner Hotel Airport Düsseldorf Unterrather Str. 108, 40468 Düsseldorf
15.00 – 16.30 YUSEN Sea & Air, Düsseldorf YUSEN “From Forwarding to Logistics” Wagener & Herbst Seminar, Visit
16.30 Travel from Hotel to YUSEN Branch YUSEN Mündelheimer Weg 59, Wagener & Herbst Düsseldorf Visit Warehouse
FREIGHT FORWARDERS TRAINING March 2007 55 COURSES - INTERIM REPORT 3
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17.00 – 18.00 Travel to Bonn by Bus Wagener & Herbst
Evening Dinner Wagener & Herbst Günnewig Hotel Bristol Bonn Prinz-Albert-Strasse 2 53113 Bonn www.guennewig.de
Wednesday March 21st
Time Activity Who 09.10 Travel by Bus to German Federal Ministry of Transport, Bonn
09.30 – 11.30 BMVBS Bonn, Room 0.121 Wagener & Herbst Presentation of BAG Bundesministerium für Verkehr, Bau und Stadtentwicklung Robert-Schumann-Platz 1 53175 Bonn
11.45 Lunch in Canteen from German Federal Ministry of Transport
12.45 Travel
13.00 – 16.00 Deutscher Speditions- und Logistikverband e.V. Bonn Wagener & Herbst Plenary Introduction and 2 group sessions „Organization of Association“, „Training“ Deutscher Speditions- und Logistikverband e.V. Weberstr.77 53113 Bonn
16.00 – 18.00 Town Visit Bonn Wagener & Herbst
19.00 Dinner
FREIGHT FORWARDERS TRAINING March 2007 56 COURSES - INTERIM REPORT 3
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Thursday March 22nd
Time Activity Who Travel to Rotterdam by Bus Accompanied by Mikhail Prokofiev
12.30 – 13.30 Lunch at Hotel Ara NEA Robbert Lunsingh Scheurleer Veerweg 10 3336 LM Zwijndrecht 0786-231780
14.30 Plenary Discussion with Dutch Freight FENEX Rotterdam Forwarders Association Mr Han van Os
Seattleweg 7 3195 ND PERNIS-RT 010-40 20 398
Review Discussion FENEX and NEA
17.00 Travel to Delft – check in Hotel Coen Delft Coenderstraat 47 2613 SN Delft www.hotelcoendelft.nl
19.00 – 22.00 Dinner at Restaurant Prinsenkelder NEA
Restaurant de Prinsenkelder Schoolstraat 11 2611 HS Delft 015-212 18 60
FREIGHT FORWARDERS TRAINING March 2007 57 COURSES - INTERIM REPORT 3
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Friday March 23rd
Time Activity Who 09.30 Bus departs to Rotterdam NEA Robbert Lunsingh Scheurleer René Meeuws
Training Transport, Freight Forwarding and STC Logistics Cas van der Baan
Lloydstraat 300 3024 EA Rotterdam 010-448 6000
12.00 – 13.00 Lunch STC
13.00 Departure to ECT NEA Trip over Maasvlakte and ECT Terminal with Guide
16.15 Departure to Delft
Evening Dinner free choice
Saturday March 24th
Time Activity Who 10.00 Bus departs from Hotel NEA To Amsterdam Elizabeth van Groll/Cassie Wilson Robbert Lunsingh Scheurleer
11.30 Programme in Amsterdam, Boat trip
13.00 Lunch in De Jaren
14.00 Guided tour through Amsterdam
16.00 Drink in Wijnand Fockink
18.00 Bus Departs for Delft
Evening Free time
FREIGHT FORWARDERS TRAINING March 2007 58 COURSES - INTERIM REPORT 3
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Sunday March 25th
Time Activity Who 10.00 Bus departs from Hotel NEA To the Delta Works (Neeltje Jans) Cassie Wilson
11.30 Film on the Deltaworks in Russian
12.00 – 13.00 Lunch at Neeltje Jans
13.00 – 14.00 Guided tour over the Deltaworks
14.00 – 15.00 Opportunity to walk around and visit Museum etc.
15.30 Bus Departs for Delft
Monday March 25th
Time Activity Who 09.00 – 17.00 Departures for Airport
FREIGHT FORWARDERS TRAINING March 2007 59 COURSES - INTERIM REPORT 3
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Annex 8 Training Istanbul November 20-25, 2006
FREIGHT FORWARDERS TRAINING March 2007 60 COURSES - INTERIM REPORT 3
This Project is funded by the European Union
Programme Seminars/Training sessions Freight Forwarding in TRACECA region – Istanbul, Turkey – November 20-24, 2006
List of Participants
Armenia 1. Danielyan Anna Association of Freight Forwarders of Armenia 2. Khachikyan Amalia "Apaven" Head of department of container transportations 3. Siradeghyan Pavlik Head of Transport Department of Ministry of Transport Azerbaijan 4. Gezalov Sulhaddin Azerbaijan Technical University 5. Iskenderov Rovshan Head of legal analyses and expertise sector of MoT 6. Gulamov Elchin General director of “Eltrans” FF company 7. Musayev Elshad Interpreter 8. Hajiyeva Gunay Interpreter Bulgaria 9. Petrov Ivan TransExpress International Freight Forwarders 10. Kratanova Polixena NSBS Georgia 11. Shengelia Zurab Association of Freight Forwarders of Georgia 12. Nadareishvili Mikhail Civil Aviation Administration of Georgia 13. Abramishvili George Georgia Technical University Kazakhstan 14. Nikibayeva T. Methodologist of “The Logistics Center of KFFA” 15. Bakbergenov Murat Deputy director of LLA “Iskomtransservice” 16. Bakasheva Banu Director and lecturer of “The Logistics Center of KFFA” Kyrgyz Republic 17. Zakirov S.S. Ministry of Transport and Communications 18. Kim Viktor Director ОсОО “RailTrunk” 19. Shabdanaliyev T. General Secretary of FF Association Moldova 20. Biriucov Eduard National Secretary IGC TRACECA 21. Kovalskiy Alexander Manager of CIPTI 22. Stasyuk Juliana Ministry of Transport and Road Services Romania 23. Iordache Ionut Ministry of Transport, Construction and Tourism, NS TRACECA 24. Popa, Stefan Vice-President Freight Forwarders Association 25. Gardareanu, Mihai Deputy General Director CETA Company Tajikistan 26. Abdullayev A. Deputy Head of Forwarding Dept. of Dushanbe terminal 27. Kurbonbekov D. Vice- president of ABBAT Association 28. Fakhriddinov F. Head of land transport Department
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Turkey 29. İyigün Hasan International Relations and Coordination Manager UTIKAD 30. Erdal Murat Training Coordinator of UTİKAD 31. Aybek Abdrahmanov UND 32. Begüm Aynaz NEA Turkey Turkmenistan 33. Tayliyev Durdymurat General Secretary of Turkmen Association of Intern Road Carriers Ukraine 34. Kuzmenko Antonina Ministry of Transport and Communications 35. Yakobchuk Victor AIFFU 36. Dobrukha Larissa AIRCU Training and Consulting Centre 37. Falchenko Mykhaylo Interpreter 38. Platonov, Oleg Plaske Company 39. Liptuga, Iwan FIATA Deputy Chairman Training Uzbekistan 40. Gulyamov Saidmurad CJSC “Shoshtrans” 41. Rapoport Igor JV “Avialeasing” 42. Fayziyev Bakhadir Freight Forwarding Association of Uzbekistan PS IGC TRACECA 43. Turdzeladze Vadim Land transport expert TRACECA Project Team 44. Meeuws Rene NEA Team Leader 45. Westerkamp Klaas NEA Working Group Associations 46. Leijer Harrie NEA Working Group Associations 47. Farzaliyeva Gunel Local Project Coordinator 48. Wilson Cassie NEA Project Assistant 49. van der Baan Cas STC Working Group Training 50. van Aarden Govert TVM E-Learning Working Group Training 51. van Trigt Jan TVM E-Learning Working Group Training 52. Emmanopopoulos G. TRADEMCO Working Group Training 53. Bouros S. TRADEMCO Working Group Legal 54. Wagener Norbert Wagener&Herbst Working Group Training 55. Prokofiev Mikhail Wagener&Herbst Working Group Associations 56. Booker Mark NEA Working Group Legal 57. Komarova Arina Local Expert Working Group Legal
FREIGHT FORWARDERS TRAINING March 2007 62 COURSES - INTERIM REPORT 3
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Programme Seminars/Training sessions Freight Forwarding in TRACECA region – Istanbul, Turkey – November 20-24, 2006 Specialized Group 1: Legal Framework Freight Forwarding Industry in TRACECA region – Mark Booker/Arina Komarova Specialized Group 2: Strengthening National Freight Forwarders Associations – Klaas Westerkamp/Mikhail Prokofiev Specialized Group 3: FIATA Diploma Training in an E-learning Environment – Norbert Wagener/Govert van den Aardweg/Jan van Trigt
WEEK 1 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
09.00 Registration participants Introduction Discussion to 10.00
Plenary session Specialized Groups Specialized Groups
TEA/COFFEE BREAK
10.00 Opening and introduction Selected presentations Synthesis discussion and Results and Conclusions to conclusions Group 1, 2 and 3 12.00 Host, Project Team, Country presentations Associations Evaluation
Closing session
Plenary session Specialized Groups Specialized Groups Plenary session
LUNCH BREAK
13.30 Introduction Strengthening Discussion City Tour Istanbul to Associations 14.30 Introduction Legal Framework
Plenary session Specialized Groups Specialized Group 1,2 or 3
TEA/COFFEE BREAK
15.00 Introduction FIATA E-learning Working visit Rahmi Koc City Tour Istanbul to Training Museum – History Transport 16.00 Programmes Specialized Groups
Evening 20.00 h. Welcome drink Dinner Dinner Galata Tower
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Detailed programme Istanbul Tuesday November 21, 2006
10.00 h. – 10.20 h. Opening and presentation of programme - Rene Meeuws, Team Leader 10.20 h. – 10.35 h. Presentation UTIKAD – Statement from Turkish Freight Forwarders Association 10.35 h. – 10.50 h. Statement from Bulgarian Freight Forwarders Association 10.50 h. – 11.00 h. Statement from Romanian Freight Forwarders Association
11.00 h. – 11.15 h. Coffee break
11.15 h. – 11.30 h. Project objectives Freight Forwarders Training Courses - Norbert Wagener, Academic Director 11.30 h. – 11.45 h. FIATA Advisory Board Vocational Training – Ivan Liptuga, Deputy Chairman 11.45 h. – 12.00 h. Questions/remarks
12.00 h. – 13.30 h. Lunch
13.30 h. – 14.00 h. Strengthening Freight Forwarders Associations – Mikhail Prokofiev and Klaas Westerkamp 14.00 h. – 14.30 h. Legal framework for freight forwarding activities in the TRACECA region – Mark Booker and Arina Komarova
14.30 h. – 15.00 h. Coffee break
15.00 h. – 15.45 h. E-learning in Freight Forwarding - Govert van den Aardweg en Jan van Trigt 15.45 h. – 16.30 h. Composition working groups
FREIGHT FORWARDERS TRAINING March 2007 64 COURSES - INTERIM REPORT 3
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Results Evaluation
Freight Forwarders Training Courses Conference
Istanbul 20 -24 November 2006
Dear Delegate,
We would like to hear your opinion about the Conference you have attended. Therefore we would like you to answer a few questions.
1. What do you think about the choice of topics that have been presented?
Excellent Good Neutral Poor 17 21 0 0
2. How would you evaluate the plenary sessions?
Excellent Good Neutral Poor 17 21 0 0
3. How would you evaluate the working groups?
Excellent Good Neutral Poor 20 18
4. Was the Conference beneficial to you personally?
Excellent Good Neutral Poor 19 19
FREIGHT FORWARDERS TRAINING March 2007 65 COURSES - INTERIM REPORT 3
This Project is funded by the European Union
5. What is your opinion of the Conference organization?
Excellent Good Neutral Poor 23 15 0 0
6. What is your overall impression of the event?
Excellent Good Neutral Poor 23 15 0 0
Some general remarks:
On the organization of conferences/seminars: • The organization of conferences/seminars with a mixture of plenary sessions and working groups works out very good, in particular when the working groups are not too large (15-20 participants). There still is a huge need for this kind of events in the TRACECA region.
On TRACECA: • The TRACECA route needs organization, advertisement, useful practical information and training with respect to legal matters, insurance, day-to-day practices and experiences, in particular with respect to transport and trade documentation and FIATA documents. • In intra-CIS trade and transport, the Russian language is used. However, for other international trade and transport to and from the TRACECA countries in Central Asia, Caucasus, Ukraine and Moldova, language – in particular lack of knowledge of English, is still a serious obstacle to the development of the TRACECA corridor.
FREIGHT FORWARDERS TRAINING March 2007 66 COURSES - INTERIM REPORT 3
This Project is funded by the European Union
FREIGHT FORWARDERS TRAINING March 2007 67 COURSES - INTERIM REPORT 3
Published March 2007
This publication has been produced with the assistance of the European Union. The contents of this publication is the sole responsibility of NEA and its partners and can in no way be taken to reflect the views of the European Union.