Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 1

6 Track Free for a Greener Europe - the European Green Deal and the Role of Railways

10 Development of the international railway market challenges and objectives for the technical regulations and dangerous goods provisions

14 Towards a sustainable rail freight transport system

20 Summarise experience in order to minimise the fragmentation of international law

21 Towards the single European rail area – A model for developing international rail law and standards

25 OTIF’s role in ensuring uniform and high quality railway law

30 Challenges and objectives for contractual law and organisation of efficient international traffic

32 20 years of COTIF. Quo vadis?

35 RNE’s vision for harmonisation of the contractual framework

44 For a paradigm shift in the rail sector: resolutely international and feminine

45 “Digitalisation: a future challenge for attractive international rail transport”

47 The Regulation concerning the International Carriage of Dangerous Goods by Rail (RID): an example of intermodal and geographical interoperability Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 2 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 3

Editorial

In 1999, OTIF's 5th General Assembly was held in Vilnius, Lithuania. It adopted a protocol - the Vilnius Protocol - which was to constitute a major milestone for OTIF and the development of international railway law. 20 years later, on 29 October 2019, OTIF, together with the Lithuanian Ministry of Transport and Communications, the Lithuanian Ministry of Foreign Affairs and Lithuanian Railways, jointly organised a symposium in Vilnius on the "20th Anniversary of the Vilnius Protocol: OTIF's achievements and prospects".

The symposium opened with speeches by Mr Gytis Mažeika, the Republic of Lithuania's Deputy Minister of Transport and Communications, Mr Adamas Ilkevi�ius, Deputy CEO of JSC (Lithuanian Railways), Mr Michel Burgmann, former Director General of OCTI and Mr Wolfgang Küpper, Secretary General of OTIF. Participants, speakers and moderators then began the detailed work of the symposium.

Sessions 1 and 3 dealt with future challenges and objectives in terms of achieving the efficient organisation of international rail traffic from the point of view of technical regulations, contract law and the provisions concerning dangerous goods.

The discussion in session 2 focused on the fragmentation of international law in general and railway law in particular, and on the quality of the international regulations and their practical implementation.

There were meaningful discussions throughout the day for the speakers and participants who were present in the conference room. The quality of the debate was very high. The symposium was a successful anniversary to mark the Vilnius Protocol.

With this special edition of the Bulletin, the Secretariat’s aim is to preserve a written record of the speeches in addition to the videos. Thanks to the contributions from most of the speakers, this special edition provides a record of the discussions on 29 October 2019 and offers solutions that can be considered for a promising future.

I hope you enjoy reading this special edition.

Authors:

Caroiline Bailleux Cesare Brand Maurizio Castelletti Christian Chavanel Josef Doppelbauer Jean-Georges Heintz Elisabeth Hochhold Wolfgang Küpper Christophe Le Borgne Clio Liégeois Joost Naessens Dr. Vytautas Naudužas Dr. Péter Rónai Ralf-Charley Schultze Publication, June 2020 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 4 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 5 SESSION 1

Evolution of international railway market: challenges and objectives for technical and dangerous goods regulations

Josef DOPPELBAUER Christian CHAVANEL Joost NAESSENS ERA Executive Director UIC Director of Rail System CEFIC Director Transport & Logistics Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 6 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 7

Track Free for a Greener Europe - the European Green drastically reducing technical economies of scale. At the European wider European rail market, and and operational barriers Union Agency for Railways, it is in creating links to the economies Deal and the Role of Railways therefore our ambition to produce close to the European continent. 2. Increased frequency of a simplified set of rules that can be service – all too often there globally applied, while at the same When travelling by car between and trucks offered a cheap, safe, on Europe’s major routes with a are large gaps in the daily time ensuring safe and interoperable ROLE OF ERA AS European countries, it is not an and reliable way to fuel the global new cohort of environmentally- schedules operations. Our ambition is to be a REGULATOR AND uncommon experience that the economy, and the private car conscious travellers, the natural driving force for the globalisation of SYSTEM AUTHORITY quality of the motorway surface provided citizens with seemingly limits of the current rail system 3. Reduced travel times – in railways, together with our partners degrades more or less significantly endless options of individual come to light. The success of rail order to compete with road around the globe who follow the The European Union Agency for on the final leg connecting two movement. Despite considerable transport in Europe is still held and aviation, a faster service same ambition. Railways (ERA) has assumed a new countries. There are exceptions technical advancements, rail only back by a fragmented network, has to be provided for key role with the technical pillar of the to that rule, but in general those played a marginal role in the third and, consequently, expensive connections. In some cases, National thinking serves neither so-called 4th Railway Package as the roads leading to another country industrial age of globalisation, operations. National small-time night trains may be a viable the purpose of international European authority issuing single seem ever so slightly less frequently which started in the late sixties and thinking and planning hinder alternative railways, nor that of the New safety certificates, vehicle (type) maintained – probably because came to an end only a few years the true internationalisation of Green Deal - as is outlined in its authorisations and ERTMS trackside it is every good politician’s job to ago. As a result, the rail network in rail transport. As in international strategy document, the drivers of approvals that are valid in multiple take care of their own constituency Europe remains highly fragmented, aviation, standardised products ROLE OF LEAN climate change are global and not European countries. The legislation first, and concentrate resources more than 60 years after signing and international technical and REGULATION AND limited by national borders, and it entered into force in mid-2019, so and attention on the core national the Treaty of Rome. operational rules would lead INTERNATIONAL will take a concerted international the focus of Agency staff in previous network before taking care of the to drastic cost reductions, and COLLABORATION effort to deliver a greener world for years was to prepare to assume less voter-relevant international However, the fourth industrial hence to a much better service everybody. Rail freight, especially the new tasks. We have developed connection. This is not a big age – the emergence of which and price offering on behalf of Railways are the only mode of coming from neighbouring countries an IT system to handle requests issue for international road travel, we are witnessing today – brings the rail industry. transport without a global set of and regions close to the European for authorisation EU-wide and in all because generally the conditions with it huge opportunities for the binding rules. The international rail continent, will play an integral official EU languages, the one-stop of the connecting bits and pieces revitalisation of railways. People Taking the cost out of the system world is therefore colourful and full part in organising carbon-neutral shop (OSS). on the intra-European motorway today are looking to reduce the is one of the big challenges – of technically interesting variants and logistics that facilitate trade with our system are quite sound, and there carbon footprint of their travels, and becoming more innovative is another. solutions. From a purely business closest partners and allies. The role We had to re-organise the structure are no technical or administrative are more than ever ready to change In order to compete effectively with point of view, however, we should of OTIF as an intergovernmental of the Agency to cater for the new hurdles for car travellers moving behaviour. As an environmentally road transport, we need to create an strive for a common set of technical organisation for international tasks, and hire new high-calibre staff between European countries. friendly mode of transport, railways environment in which innovation can and operational rules, which allow carriage by rail therefore plays to perform the new duties, again Crossing borders by car is blissfully can once again become the most be swiftly absorbed, so the quality for full compatibility of products and a vital role in harmonising the covering all languages spoken in the uncomplicated. relevant mode of land transport - as of service is increased. Rail freight part of an integrated multimodal operators, for example, urgently Crossing borders by rail is transport chain for passengers need to increase their productivity, an entirely different matter. and freight. As for the EU, the reliability, and flexibility in order The issues are diverse and European Green Deal proposed to compete with road transport. manifold, from operational to by the European Commission Absorbing “soft” innovation is key administrative: starting from clearly expresses the new zeitgeist here – innovation that does not affect differing technical environments, at political level, and it raises the the current physical or operational with different electrical currents, stakes for the transport sector by infrastructure, but rather upgrades track gauges etc., via different setting some ambitious targets. For it thanks to digital innovation. The operational and safety rules and example, the goal of making the quicker they are in absorbing new language requirements, up to European continent climate neutral technologies, the sooner they will different national certification and by the year 2050 – and rail is to play have solved existing issues and will authorisation processes - these a central role in attaining this target. be in a position to offer a competitive differences have so far made it very product. The road sector is our difficult to cross an international benchmark - we want to make border by rail. HUGE POTENTIAL FOR our product so good that people RENEWED SUCCESS - will choose rail over road transport In the past decades, political AND FAILURE - OF RAIL again. The rail sector has to deliver decision-makers have had little TRANSPORT on three dimensions in order to win incentive to change that situation back customers: – rail was just not an issue that Expectations are high as the scored points with voters. Aviation public profile of rail transport is on 1. Better connectivity – was the transport mode that the rise – and so is the potential closing missing links on the connected people globally, ships for failure. As the trains fill up international rail network and Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 8 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 9

EU. We adopted a new corporate in charge of developing Technical risks with anticipation and the European market to reduce existing functions. In its role as with national specific responses to culture of responsiveness and agility Specifications for Interoperability resilience; costs and improve the quality of system authority, ERA will introduce cyber threats. in order to meet short legal deadlines (TSIs). The new processes not only rail equipment. When building strict version management to for decisions, and get prepared for deepen EU-wide harmonisation, 2. Understand workplace the future European rail traffic ensure that there is no further In conclusion, the increased different crisis scenarios in which we they also improve the relationship reality; management system, however, a diversification of ERTMS. awareness of climate change and guarantee business continuity. between the sector and the 3. Cultivate a continuous key factor will be modularity: we This task will be supported by the the role of transport in it have We signed cooperation agreements regulator. Just as good international learning environment; need a more modular structure extended role of ERA - the Agency created a strong tailwind for rail with National Safety Authorities collaboration is vital in order to close for ERTMS. At the same time, has the right to review the ERTMS as an environmentally friendly, (NSAs) in the EU to organise the gaps in the rail system, it is also 4. Integrate safety into business we must maintain the progress specification for new infrastructure sustainable mode of transport. In our collaboration at working vital in terms of creating a common at all levels. achieved, particularly with regard projects from the tender phase order to enable a significant shift level – and created the “pool set of processes and rules. to the stability and compatibility onwards. The most important of transport volume, e.g. from of experts“, with experts from Both formal (SMS, technology of ERTMS, and allow for the next step will be to bring all road to rail, the technical and NSAs working on behalf of ERA etc.) and informal (leadership, integration of the future game ERTMS infrastructure components regulatory fragmentation of the in order to fulfil our new functions SAFETY – THE VITAL culture etc.) elements of safety changers, such as the Future Rail already installed in Europe up to European railway system needs to at all times and in all languages. PRE-CONDITION FOR management need to be addressed Mobile Communication System a compatible level. If all track-side be harnessed, and the cost of rail In short, ERA as an organisation ANY SUCCESSFUL jointly in order to create sustainable (FRMCS), ATO and ETCS Level 3. installations are strictly within the operation has to be reduced. With underwent a fundamental change BUSINESS and safe performance in the EU. specification framework, then a its new mandate, ERA strives to at organisational, cultural, and Unfortunately, there is still a wide At the beginning of 2016, ERA fully compatible on-board unit can contribute to both aspects. operational level – and it could not When defining any future role divergence in different parts of published a so-called strategic run under ERTMS on ALL of these have happened and would not work for railways, safety will be the the European railway system roadmap for the medium-term lines. without a substantial degree of cornerstone for any successful with some countries performing integration of new functions into Josef Doppelbauer international collaboration, both with business. The safety level of exceptionally well, and others still ERTMS, such as a new radio The new digital age also brings with national agencies and the European rail transport in Europe has far below average. The Agency system to replace GSM-R. This it new challenges for the railway rail sector. improved at an impressive rate is committed to tackling these roadmap is based on the principle system, for instance cyber security over the past decades, thanks differences by engaging in different of strict compatibility - new - we have to be careful here, while Building consensus internally and mainly to advances in safety- promotional activities that cater functions can only be introduced bringing down physical barriers, not externally, with such a multitude of related technology. Yet we are to the target country. Recently, based on and compatible with to start creating new digital ones, different organisations, was at times still experiencing catastrophic our focus has shifted from purely challenging – and looking at the accidents in modern rail history. proposing legislation to actual feedback after only 6 months into Moreover, in almost all of the support activities for stakeholders the operation, we can say it was recent major accidents on the – as a result of which we are worth it. The OSS (see Figure 1) European rail system, human and glad to announce that more than provides a new level of transparency organisational factors played a 150 leaders from across the for the processes in question, significant role. The Agency is European rail sector have signed and it streamlines the EU system therefore promoting a harmonised the European railway safety culture beyond its operational limits, as safety management system (SMS) declaration. the processes feeding into it now for Europe, coupled with a positive follow the same logic and structure safety culture. It is recognised for all actors. At the same time, the practice in many high-risk domains ERTMS – THE BACKBONE regulatory framework is more useful to tackle organisational and cultural OF RAIL DIGITALISATION and of higher quality. For example, aspects in order to enhance safety AND INTEROPERABLE the register of vehicle types was levels. The success of safety TRANSPORT not maintained consistently by the culture in those industries has National Safety Authorities (NSAs), convinced leaders of the European The issue of train protection because there was no real need to rail sector, as well as European law- and traffic control in Europe do so, whereas it is a pre-condition makers, to embrace this philosophy deserves special attention, as for us. Now, prior to issuing an across the EU. ERA has created a there, the fragmentation of the authorisation, we must ensure safety culture model, and based European rail system is particularly the register is updated. Likewise, on that, and with the support of developed and hence is a major notified bodies (NoBos) are filling the European Commissioner for obstacle to the development in the database of certificates Transport, ERA has developed the of international rail traffic. The more consistently. Additionally, European railway safety culture standardisation of the numerous ERA staff dealing with the new declaration. The declaration lays systems currently coexisting in the processes, having first-hand contact down the four railway safety European Rail Traffic Management with customers from the EU rail fundamentals: System (ERTMS), in addition to sector, are now in a position to facilitating cross-border traffic, give feedback to those colleagues 1. Manage major railway should give a strong impetus to Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 10 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 11

Development of the international railway market the operation of rolling stock of the UN Recommendations regulations (route restrictions; and train movements, is a (Model Regulations), whose particular operating conditions, challenges and objectives for the technical regulations and prerequisite for the market to aim is to enable the carriage of such as reduced speed, fixed function properly. It is easier dangerous goods throughout journey time, prohibition on dangerous goods provisions to achieve the smooth flow of the world. passing; measures to be taken traffic when there is a good in exceptional circumstances). level of harmonisation between - Lastly, the COTIF and OSJD These measures have to be For a number of years, UIC spread over 95 countries on (UNECE) and OTIF. UIC also has the technical provisions regulations5 are also being subject to a risk analysis and has been contributing to the every continent. Each year, these the status of an NGO accredited and consistency between harmonised and made the competent authority has to development of the regulations members rack up 3,000 billion to the United Nations Organisation the various regulations consistent by the OTIF Member prove that they are necessary. concerning dangerous goods passenger kilometres, 10,000 billion (UN) and OTIF. underpinning this flow, whether States and the members of In some cases, these regulatory by taking part in the work of the tonne kilometres over 1 million it is national or international. OSJD. changes have enabled national European and international bodies kilometres of railway lines and provisions to be enshrined in charge of transporting such employ 7 million people. REGULATORY AND - With regard to the transport However, railway operations, which are sometimes very goods. Among these bodies, OTIF UIC’s strategic objectives as TECHNICAL CONTEXT of dangerous goods, the rail particularly the transport of old, such as so-called barrier plays a key role, as it is responsible a professional organisation OF THE TRANSPORT OF sector has a set of specific dangerous goods, are subject wagons, train composition for the “Regulation concerning the are to promote rail transport at DANGEROUS GOODS international regulations within to other regulations (civil rules, prohibition of hump International Carriage of Dangerous global level, to develop further as the scope of application of safety, environmental protection, shunting, etc. Goods by Rail”, known as RID1. a technical platform serving its The regulatory and technical COTIF, known as “RID”. This security), which are more or less members, to develop joint projects context of the transport of also covers to all transport restrictive, depending on the - There are also new concerns After a brief presentation of UIC on innovations and to promote dangerous goods is dynamic and within the European Union (EU) state: in terms of security. At the and its “added value” in this sustainable, carbon-free transport complex. New dangerous goods in accordance with European beginning of the millennium, area, this article sets out UIC’s view together with its various partners. are placed on the market and Directive 2008/68/EC, annex - For example, some states new provisions were introduced on the following issues: there are increasingly demanding II.1 of which is RID2. add their own laws on the as a result of the existence of With regard to Europe, the societal constraints on transporting prevention of major risks, high risk dangerous goods. - The regulatory and technical institutional organisation of rail them, although these vary to some - From the 1990s onwards, because the transport of High risk dangerous goods context of the transport of transport has changed a great extent depending on the region and the EU decided to meet the dangerous goods is considered mean dangerous substances dangerous goods; deal over the last twenty years. country. Among these constraints, needs of the market simply and to be a source of major risks which, if diverted from their Since it was set up though, UIC safety and security also depend effectively by carrying over the for these states. The problems initial destination and misused - Requirements in terms of has cooperated actively with on regulations and standards from international regulations to its raised are therefore not so for terrorist purposes, can harmonisation and consistency OTIF. Its strategic objectives areas outside the scope of COTIF. territory for transport by rail, much the result of difficulties of cause serious damage, great between the various railway are such that they can support Without claiming to be exhaustive: road and inland waterways. harmonisation and consistency, loss of human life or massive regulations and with the other OTIF’s ambitions in terms of but of safety concepts which destruction. While these new land transport modes; international rail transport in - The technical provisions for the - There is systematic work to differ, or are even irreconcilable, provisions were defined in general and in the transport of carriage of dangerous goods harmonise the transport of between states. the UN Recommendations, - Lastly, some avenues for dangerous goods in particular. by rail (modal and intermodal) dangerous goods regulations it is the prerogative of states possible and desirable Another of UIC’s advantages is fall under both general railway between the regulations for - Moreover, the regulations have to implement them. As a improvements. the cooperation and partnerships regulations and the regulations the land transport modes evolved (RID and Directive result, railway undertakings it has formed with around a specific to the carriage of in Europe. The work on 2008/68/EC)6, and in the are confronted with the very hundred other governmental, dangerous goods. harmonising the modes is process have enabled each variable application of these UN UIC AND ITS ADDED intergovernmental, technical, carried out in joint UNECE and state to decide to impose Recommendations by states VALUE FOR OTIF standardisation and financial - When rail transport involves OTIF bodies (RID/ADR3/ADN4 “transport restrictions” or to and checks by the competent WITH REGARD TO organisations, etc. Notable intermodal interactions, the Joint Meeting and its working take “additional measures” to authorities. This does not help THE CARRIAGE OF examples of UIC’s partnerships technical railway regulations groups). They take account those prescribed in the railway the market function at its best. DANGEROUS GOODS include those it has with a view to must meet the requirements of BY RAIL developing the Euro-Asian freight harmonisation and consistency corridors and UIC’s work on the with the regulations for the 2 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0068&from=FR UIC has a history going back transport of dangerous goods other modes of transport (road, 3 Accord européen relatif au transport international des marchandises dangereuses par route (European Agreement concerning the International almost one hundred years in the within various intergovernmental inland waterways, maritime and Carriage of Dangerous Goods by Road). service of railway operators in bodies dedicated to the carriage air). 4 Accord européen relatif au transport international des marchandises dangereuses par voies de navigation intérieures (European Agreement respect of international cooperation of dangerous goods, particularly concerning the International Carriage of Dangerous Goods by Inland Waterways). between railways. those attached to the European - The quality of technical 5 OSJD = Organisation for Cooperation between Railways It is a global railway organisation Commission, the United Nations documentation, particularly 6 RID: Chapter 1.9 of the Annex to Appendix C to COTIF in accordance with Article 6 “Restrictions on carriage imposed by the competent which now has 200 members Economic Commission for Europe when it is linked directly to authorities” http://otif.org/fileadmin/new/3-Reference-Text/3B-RID/RID_2019_E_05_February_2020.pdf Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods – Article 5 “Restrictions on grounds of transport safety” 1 The Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), forming Appendix C to COTIF and its Annex https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0068&from=FR Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 12 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 13

REQUIREMENTS the rail system itself. There are o The more specific movement applied to dangerous goods” CONCLUSION especially on the European and IN TERMS OF an increasing number of external of dangerous goods; carried out by OTIF and international corridors, supporting HARMONISATION constraints on rail transport, the UNECE in a multimodal Faced with the increasing coordination between rule-making AND CONSISTENCY despite the fact that they are also o And more particularly the perspective (rail road, inland constraints in the carriage of bodies and improving the quality BETWEEN THE VARIOUS presented as being opportunities carriage of dangerous goods waterways). The quality dangerous goods, action is being and reliability of information relating REGULATIONS for rail transport to develop. Among by rail. and reliability of information taken to facilitate the free and to dangerous goods. these are of course the challenges relating to dangerous goods safe movement of dangerous It is therefore evident that the in relation to climate change, - At the perimeters of is essential for safety and goods in a multimodal framework UIC will continue to collaborate to carriage of dangerous goods security and safety or protection of application of regulations the competitiveness of rail under acceptable economic and this end in a spirit of cooperation by rail is facing numerous the natural and urban environment. that might overlap. transport in an international technical conditions. There is a with all the stakeholders. constraints, which are The systematic removal perspective. This is also a lot to do, despite the progress sometimes an obstacle to Being aware of the difficulties linked of overlaps resulting from subject that is covered by the that has been made as a result of the principle of the free, safe to safety and the free movement institutional organisation is not provisions of COTIF. COTIF, particularly in terms of the Jean-Georges Heintz movement of trains under of dangerous goods trains in necessarily a good solution, better coordination of national and Christian Chavanel acceptable economic and Europe, the European Commission, because it does not do away international technical provisions, technical conditions. OTIF and UNECE, among others, with the various competent the unification of national rules, have, for example, developed authorities’ legitimate interest in The requirements in terms of a harmonised multimodal (rail, the subject. On the contrary, it harmonisation and consistency road, inland waterways) method of is better to deal with overlaps between regulations are not new. risk assessment. This work, which on a case by case basis and to The first international regulation on is being driven by the European support coordination between the carriage of dangerous goods Union Agency for Railways is being competent authorities. OTIF dates from the end of the 19th carried out by dedicated working makes a valuable contribution century and had fewer than 10 groups that bring together the to this through the Joint pages. The current RID now has competent authorities, national Coordinating Group of Experts more than 1,100 pages. safety authorities, infrastructure that it has set up. However, the requirements in terms managers, railway undertakings, of harmonisation and consistency consultants and professional Significant progress has already have changed greatly owing bodies (European Chemical been achieved in recent years to the great increase in Europe Industry Council - CEFIC, in terms of dangerous goods of sources of production and UIC, the International Union of transport. However, progress still technical documentation (including Wagon Keepers - UIP, CER, needs to be made, particularly the regulations which, in principle, etc.). Documents concerning the with regard to: are their source) and owing to the method have been tested and are growing number of institutional now public and available on the - The persistence (and actors in the rail system. Agency’s website. This method and sometimes creation) of national its use will now be discussed at the provisions or rules which plenary sessions of the international constitute an obstacle to the AVENUES FOR bodies with a view to integrating it free movement of goods. In this IMPROVEMENT into the regulations. respect, it would probably be better to concentrate efforts Strengthening coordination However, the requirements in initially on the European and in the production of transport terms of harmonisation and international corridors. regulations – not just for consistency also affect aspects dangerous goods, but also at of the rail system, particularly: - The transmission of information intermodal level – provides the relating to the goods being main route to improvement. - The coordination of national carried, including dangerous This coordination exists, but the and international technical goods. complexity of activity makes it more provisions, which can cover: difficult, because, as pointed out - The EU has updated the above, this activity now affects o Railway operations in general; TSI TAF 7 in keeping with aspects which are not part of the project on “telematics

7 Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1585844368509&uri=CELEX:32014R1305 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 14 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 15

Towards a sustainable rail freight transport system A drastic improvement in reliability of rail freight is the basis for a further shift to rail

For many years, the chemical A MORE EFFECTIVE QUALITY speed-up the integration of IT industry has been a strong user MANAGEMENT SYSTEM systems to improve data and and believer in railway transport, information exchange. This is as it is a safe and environmentally In order to improve the required to enable functionalities friendly transport mode. As a effectiveness of rail freight quality such as track and trace, proactive mover of large volumes of freight, management, a uniform punctuality exception alerts and the provision the chemical industry is not only KPI should be put in place, of reliable revised estimated time of committed, but is also dependent measuring punctuality end-to- arrival (ETA). Such system and data on making good use of all types end along the entire rail transport integration must also include the of rail transport (ranging from chain. Such measurement must connection of terminals, combined intermodal transport, via block include clear identification of the transport operators and logistics trains through to single wagon causes of delay, showing what service providers, to ensure that transport). Availability of reliable and kind of event or which party has proactive exception alerts and competitive rail freight services is caused certain delays and to what information about revised ETA can crucial to the chemical industry’s extent. Through analysis of the be made available to reach the ability to maintain seamless supply causes of delay, actions can be shippers of goods and ultimately chain operations. Therefore, CEFIC undertaken gradually to improve consignees. shares the ambition of the rail freight the performance. sector and of the EU to increase the Rail freight transport needs to sharing between the stakeholders, being added in 2018, as a share of rail freight from currently Such KPIs should be made DRIVING A TRAIN become as easy as road transport. is a must to allow smooth crucial lesson from the Rastatt 18% to 30% by 2030. available from point-to-point, SHOULD BE AS EASY AS Because true collaborative planning international train operations. incident. throughout the rail freight corridor DRIVING A TRUCK and steering is lacking, a lot of The chemical industry supports Chemical companies have to a network and beyond (up to the time is wasted along the logistics the 2016 Rotterdam Ministerial In order to speed up large extent already captured last terminal). It should be made The chemical industry expects chain. This makes the end-to-end Declaration and the commitments implementation of the sector current modal shift opportunities, available via an on-line tool or the rail freight sector to become lead-time at least 24 hours longer expressed in the corresponding priorities, the Sector Statement finding it difficult to increase modal quality dashboard, giving rail easier to use, more reliable and compared to road haulage! 2016 Rotterdam Sector Statement Group (SSG) Rapporteurs and shift further without jeopardising customers access to quality data efficient. A drastic improvement in The many operational hurdles “Boosting International Rail Freight”. Project Managers must take the service levels. Chemical business on a monthly rolling basis, showing reliability and efficiency is required faced at border crossings, due While all priorities matter to achieve findings and recommendations decides on the transport mode the development of performance in all types of rail freight transport. to differences between operating the above, CEFIC particularly contained in the “Rotterdam based on three key criteria: safety, over a 12-18 month rolling time Security of supply is essential systems and procedures, as welcomes all those priorities having Declaration – Comprehensive reliability and efficiency. While window. As a first step, the for the chemical industry and its illustrated above, need to be a direct impact on improving Progress Report” (August 2018) safety always comes first and is available information on train runs customers. simplified and harmonised. For reliability or, when rail services are forward. From a shippers' and rail everyone’s license to operate, in Europe from the RailNetEurope example, the implementation of one disrupted, on information flow and users’ perspective, follow-up action reliability of rail freight is the next (RNE) train information system To achieve this improvement, operating language (operational contingency management: is lacking visibility. Leadership and most important criteria. Reliability should be “freely accessible” to all the chemical industry expects phrases), supported by a technical support will also be required both of chemical logistics chains is of stakeholders, not only for railway from all stakeholders in the rail solution, should not be that difficult - Improving coordination from the European Commission, crucial importance, with potentially undertakings and infrastructure freight sector to work together in to achieve. Other examples could of Temporary Capacity DG MOVE and national transport huge consequential losses in case managers, but also freight overcoming current interoperability be the usage of route navigation Constraints (TCR), ministries, as the signatories of the of supply chain disruptions. To seize forwarders and shippers problems in cross-border rail freight and information systems, instead Rotterdam Ministerial Declaration. the potential of rail transport fully, This transparency about the quality transport. of relying on train driver knowledge - Improving harmonisation of some urgent and important actions of rail freight, in particular when of specific route properties, leading processes at borders, are essential. showing improvement, will be The following chart – using the also to a single European train WE NEED MORE EUROPE crucial in terms of re-establishing Rhine-Alpine Rail Freight Corridor driver license. - Train tracking and Expected IN EUROPE customers’ confidence in rail freight as an example - illustrates the Time of Arrival (ETA), FREIGHT TRAINS HAVE and triggering further modal shift inter-operability challenges of IMPORTANCE OF SECTOR Infrastructure management and TO OPERATE ON TIME to rail. international rail freight and what STATEMENTS AND SECTOR - Monitoring the quality of freight train planning and steering for needs to be done: PRIORITIES services with implemented and international rail freight can only be Currently, depending on the route, THE IMPORTANCE OF shared KPIs, successful when it is coordinated the punctuality of rail freight is only HAVING A RELIABLE REVISED Cross border interoperability at international corridor level. averaging around 50% to 60%, EXPECTED TIME OF ARRIVAL through the revision of local and - Effective implementation of To achieve this, international counting freight trains with delays of European regulations, improved the Handbook for International collaboration needs to be further up to 1 hour on-time. Railway undertakings should collaboration and information Contingency Management, improved. Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 16 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 17

STRENGTHENING THE as appropriate. facilitating the alignment between SUMMARY AND shift can be achieved. freight is to improve cross-border ROLE OF THE RAIL FREIGHT European Rail Infrastructure CONCLUSION interoperability: “No national CORRIDORS - Consideration should be Managers, Allocation Bodies and To improve the effectiveness of barriers: one language, less given to the centralisation of Rail Freight Corridors, on their Availability and reliability of rail rail freight quality management, a regulation, one highway!”. Representatives from National certain operational functions joint mission to coordinate and freight services translates into uniform punctuality KPI should be Transport Ministries in the Executive for international freight train harmonise international rail traffic security of supply for the chemical put in place, measuring punctuality The Rail Freight Corridors (RFCs) Boards of the Rail Freight Corridors management. Today, regional management. industry and its customers. The end-to-end. If freight trains are are vital platforms to initiate and (RFCs), Infrastructure Managers operations centres often chemical industry is committed delayed, it is crucial for shippers to lead the changes required from and Railway Undertakings need manage corridor traffic in The above should be taken into to making optimal use of rail receive proactive information with national Ministries of Transport and to improve their corridor thinking a fragmented, suboptimal account in the current revision of freight and has already captured a reliable revised estimated time of Infrastructure Managers to move further, speeding up the integration way. Moving forward, Regulation 913/2010, granting the most modal shift opportunities. arrival (ETA), to be able to inform towards one standard infrastructure and harmonisation of processes corridor operations should be RFCs a stronger mandate to steer However, reliability and flexibility the consignee of goods and to for international rail freight to along the RFCs. strengthened and harmonised, and direct changes. of rail freight is lagging behind that make adequate contingency plans. become easier, more reliable and taking into account the specific of road transport. The chemical The information in the transport efficient. The change this might bring requirements of international CLOSING MISSING LINKS AND industry is therefore finding it chain has to be managed in a for national infrastructure freight trains. If we want to ESTABLISHING SUFFICIENT difficult to increase modal shift professional and cooperative way management is significant, but if see real and quick results, BACK UP CAPACITY AND further without jeopardising by all stakeholders. Joost Naessens we really mean to reduce transport we must strengthen the rail DIVERSIONARY ROUTES service levels. Hence drastic emissions through the modal freight corridor organisations improvement of reliability is The key to improving the reliability shift, we need to think and act by entrusting them with The Rastatt incident has required before further modal and efficiency of international rail beyond borders. The rail freight responsibility and competency demonstrated the current corridors have been established for capacity planning and vulnerability of our European for this purpose, but they need a improving operational decision- rail freight network. It has stronger mandate to be able to making for international freight demonstrated that it is vital to have perform their role effectively and trains. in place sufficient diversionary bring about the urgently required routes, with appropriate TEN-T improvements in interoperability - More attention in international infrastructure parameters. and cross-border collaboration. rail freight should be given Unfortunately, this is still not the The RFC Management should to traffic management. The case today. be given more power to lead and national traffic management direct changes, in pursuit of the centres should be connected More European leadership and further establishment of a Single as a “Virtual European Traffic strategies are required to overcome European Railway Area, with a Management” network. This national resistance to infrastructure common harmonised infrastructure, would consist of English improvements which make sense in operating rules and procedures. speaking traffic controllers, the larger European context, along working together following with sufficient European funding to As such we would recommend the common service levels for compensate for situations where following, at a strategic level: mutual communication and the majority of the investment incident management. These burden is in one country and the - To extend the role of the controllers should be able to majority of the benefit is in another European TEN-T Core use common European tools country. Network Coordinators to for train status and dispatching. chair the Executive Boards Communication would also This applies to both line sections of the RFCs, with the role of include common previews of that are included in the geographic overcoming national resistance traffic patterns, the impact of definition of the TEN-T RFCs, to improvements which make temporary capacity restrictions as well as sections not yet sense in a larger European and other anticipated included, but which are crucial perspective. disturbances. This “Virtual either as diversionary, back-up or European Traffic Management” alternative routes. There must also - These RFC Coordinators should be complemented by be sufficient political support at should also liaise horizontally, regular task force meetings for European level for the inclusion of across and between corridors, each RFC border, resolving such missing links in the corridor to ensure consistencies in process incompatibilities. definition. approach and enable cross- corridor coordination of To strengthen the RFCs further, it activities of common interest, will also be important to continue capturing synergies, where and the good work of RailNetEurope, Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 18 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 19 SESSION 2

How can the fragmentation of international railway law be avoided and the quality of international regulations and their effective implementation be ensured?

Dr. Vytautas NAUDUŽAS Maurizio CASTELLETTI Wolfgang KÜPPER Ambassador of the Republic EC-DG MOVE Head of Single OTIF of Lithuania European Rail Area unit Secretary General Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 20 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 21

Summarise experience in order to minimise the Towards the single European rail area – fragmentation of international law A model for developing international rail law and standards1

During the last few decades, Mr Michel Burgmann, Director why our experience should be International railway law is a companies operated rail transport competitive tendering of public the international transport General of the Central Office in summarised in order to minimise complex collection of national, on a monopolistic basis with no real service contracts. network has changed Europe 1999, Mr Hans Rudolf Isliker, the fragmentation of international regional and international legal market for competition. Costs were dramatically and fundamentally. Chairman of OTIF’s Administrative law by monitoring and indicating frameworks, supplemented by continuously increasing, as were Thanks to this reform process, It has become smaller, better Committee and representative of what works and what does not. industry standards and practices. debts. Notably, both infrastructure most national railway companies interconnected, more comfortable Switzerland in 1999, Ms Viviane Rail transport law is, therefore, management and transport in the EU evolved into separate and environmentally friendly. Vaucher, one of the interpreters in Europe is united in diversity. still divergent at international level, operations were highly regulated divisions or independent Transport delivers straight to our 1999, and the author of these lines, Four EU railway packages are an in particular when compared to with detailed requirements companies for infrastructure homes a modern modus vivendi. the chairman of OTIF’s General impressive result. It seems that other modes of transport for which prescribed at national level. management, passenger transport Railways provide connectivity Assembly in 1999 and 2019. OTIF the EU works according to the worldwide rules have been in force and freight operations. European and cooperation. Connectivity does not build railways, but principle: ready, steady, reform! for many years and decades. To overcome these challenges, networks of infrastructure opens trust between countries provides regional rules for them. This contributes towards better At the same time, there are facilitate cross-border operation, managers and rail regulatory and people. Connectivity benefits OTIF now focuses its efforts on coordination of the interests of important dynamics in the global and make rail transport more bodies were established, and the everybody in terms of sustainable minimising the fragmentation of actors in the railway market. economy that provide incentives for competitive, the EU decided to European Commission developed development, a clean environment international railway law. Mr W. Küpper, the Secretary lawmakers and regulatory bodies create a single European rail area its capacity as the central regulator and financial advantages.Railways What is still required in this area? General of OTIF, contributed a great to work towards a unified system featuring: i) high quality customer for monitoring the implementation are like a heart that pumps It is not just speed that is required; deal to the work on the EU’s railway of legal norms for railways and oriented services; ii) a level playing of the EU legislation and the heat around Europe and other a balance between infrastructure, packages and now deals with a international rail transport services. field between EU Member States; operation of the markets across continents. technology and the international much broader geographical area. iii) cost efficient operations; and iv) the entire EU. In light of this, it legal basis needs to be maintained. Vision, provision and international This paper analyses and highlights market driven innovation. appears necessary to agree on As a driver of the global economy, Harmonised Euro-Asian rules for regulations can set a realistic the experience gained within and implement shared principles railways are indispensable, in spite transport are necessary, rather agenda for closer EU – Asian the European Union (EU) in the The general objective was to in order to make progress on of a number of challenges. The than a legal jungle. The value of railway ties, but the path to rail transport sector and how it improve the competitiveness of harmonising rail transport law at main challenge is not infrastructure, transport between Europe and Asia success will always be to could benefit the ongoing debate railways, by comprehensively international level. technology or the railway market. It exceeds an incredible four billion implement the regulations on unifying international railway transforming the system of is the lack of efficient regulations for USD per day. This route carries the developed by OTIF. transport law. The EU's policy regulations and standards. international and domestic carriage. largest amount of freight anywhere OTIF’s Symposium in Vilnius in framework on rail transport is A COMPREHENSIVE The Vilnius Protocol adopted in in the world. Unfortunately, only 2019 provided an excellent platform international by design and builds REGULATORY 1999 was a legal response to a small amount of this freight is for the exchange of ideas and upon a unique political venture, SHARED ECONOMIC FRAMEWORK AT EU changes in the railways. I am glad carried by rail on this route. The was a significant step towards the aiming to create a single market PRINCIPLES LEVEL to note that commemorating the amount of freight carried needs to more effective implementation of across all EU countries. The main 20th anniversary of this document, be increased significantly. international railway law. output of the EU rail policy has This change of paradigm required The fragmentation of the railway four of those who witnessed the The law is adequate, in that it been the establishment of a single an in-depth transformation of law in the EU was primarily signing of this historic Protocol satisfies the interests of people, European rail area, where the the railway system throughout addressed through a vast reform were among the participants at the companies, international Dr. Vytautas Naudužas same economic norms, technical the EU, based on key principles of the sector and the creation OTIF Symposium in Vilnius in 2019: institutions and states. This is standards and operating conditions underpinning the reform, namely: of a comprehensive new legal effectively apply in a transparent i) separation of transport services framework. From the beginning and non-discriminatory manner at from infrastructure management; of the 1990s until today, several EU level. ii) railway companies being legislative packages were passed at independent of the State; iii) EU- EU level, with two main objectives: Rail transport in the EU is wide licensing system for railway characterised by technical and undertakings; iv) uniform rules on - Opening markets to regulatory diversity, due to the track access charges and capacity competition as a means of historical development of national allocation; v) sustainable funding improving quality of service; networks in each Member State of infrastructure and transparent and over almost two centuries. Before financial management; vi) equal the first EU legislation on rail access to service facilities; vii) - Improving the interoperability transport appeared in the early independent and effective national and safety of the railway system 1990s, fully integrated State railway rail regulatory bodies; and viii) within the EU.

1 The views expressed by the author are personal and do not necessarily reflect those of the European Commission Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 22 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 23

The Fourth railway package, The operation of the single programmes: i) the Shift-2-Rail A STEP-BY-STEP For example, the Convention UNIFYING RAIL adopted in 2016, provided the European rail area also required Joint Undertaking, a public-private APPROACH concerning International Carriage TRANSPORT LAW AT necessary instruments to complete a specific governance framework partnership established in 2014 by Rail (COTIF) includes uniform INTERNATIONAL LEVEL a true internal market for rail to be established at EU level, so to pool and coordinate research In a majority of EU Member States, rules on the contract of international services. The package is still being that the EU rail policy framework activities and innovation efforts the rail sector has been a strategic carriage of goods and passengers Some of the success factors implemented and is expected could be implemented and applied at EU level; and ii) the European component of the economy, and by rail, uniform rules on the contracts that helped to create the single to be fully put into effect in the effectively. Rail Traffic Management System, has greatly benefited society and of use of vehicles in international European rail area may be coming years. In addition to the an industrial programme for linked up territories. Therefore, rail traffic, and uniform rules on the applied when it comes to unifying ‘market’ and ‘technical pillar’, the Two committees – the Single harmonising the automatic train the reform process needed to be contract of use of infrastructure in international rail transport law. EU law on railways also includes European Rail Area Committee control and communication carried out step-by-step, over a international rail traffic. cross-cutting legislation on the and the Rail Interoperability system. rather long period. The EU already plays an important transport of dangerous goods, and Safety Committee – were As all EU Member States (with role in this area. passenger rights, and social set up under the legislation to Accordingly, the opening up of the international rail traffic on their conditions. prepare and adopt the necessary A LEGALLY-BINDING markets to competition was carried territory) are also members of the As far as candidate and potential executive measures at EU level FRAMEWORK out in several successive phases, Intergovernmental Organisation for candidate countries for EU The creation of the European (e.g. administrative decisions, ENFORCEABLE AT EU in parallel with the implementation International carriage by Rail (OTIF), membership are concerned, Union Agency for Railways in implementing regulations). The two LEVEL of structural reforms: i) in 2001, the there is a clear interest for the EU there is a clear commitment to 2004 was also an important step committees operate formally, and first railway package provided for and OTIF to cooperate in order incorporate and apply the EU in consolidating and putting into are composed of Member States’ In order to improve the quality and the opening up of competition for to ensure complementarity and legislation on railways, with a view effect the single European rail area. representatives and are chaired by the effective implementation of EU international rail freight services consistency between OTIF rules to helping possible future Member a representative of the European rules applicable in the rail transport on the trans-European transport and EU law on rail transport. States to integrate into the market Commission. sector, the EU adopted a clear, network; ii) in 2004, the second and to improve rail connectivity in A GOVERNANCE goal-based, and legally-binding package liberalised international The EU acceded to the COTIF the pan-European region. FRAMEWORK AT CENTRAL In addition, several stakeholder framework that is enforced by the rail freight transport services on Convention in 2011 and became a LEVEL platforms and expert groups were European Commission and by the the entire EU network and also full member of OTIF, with the status To foster this strategy, the EU set up to discuss implementation Court of Justice of the European required opening up of competition of ‘Regional Economic Integration and six Western Balkan partners The European Union Agency for issues and organise the exchange Union. for domestic freight services; iii) in Organisation’. (Republic of Albania, Bosnia and Railways was created to provide of information and best practices 2010, the third package liberalised Herzegovina, Republic of North the EU Member States and the in a systematic manner. There are: Without these powers provided for international passenger transport In this capacity, the EU can take Macedonia, Kosovo2, Montenegro European Commission with i) the European Network of Rail by the EU treaties, it would have services; iv) in 2016, the fourth an active part in developing and Republic of Serbia) signed technical assistance in developing Regulatory Bodies; ii) the Group been much more difficult to ensure package completed the process and unifying rail transport law in 2017 and ratified the Treaty and implementing the single of Experts on Rail Market access; the timely and uniform application by opening up competition for beyond its internal market, while establishing the Transport European rail area. The Agency's iii) the European Network of of the rules harmonised at EU level. domestic passenger services (open providing OTIF with a great wealth Community applicable in road, tasks include: Infrastructure Managers; and iv) the access and competitive tendering of technical and standard-setting rail, inland waterway and maritime Dialogue for Railway Undertakings. On the other hand, EU rail of public service contracts). expertise – for example the transport. - Promoting a harmonised legislation contains various items new Appendix H of the COTIF approach to railway safety; The European Commission is of flexibility that allow different Similarly, the harmonisation and Convention on safe operation The Transport Community is also responsible for monitoring national practices to fulfil the unification of rail transport law at of trains in international traffic is based on transport markets and - Devising technical and legal the operation of the markets objectives of the legislation; for international level should be carried largely inspired by, and derived networks being progressively frameworks for removing within the EU. Every two years, example, vertically integrated out using a progressive and gradual from, the provisions and technical integrated based on the relevant technical barriers; and it compiles and publishes the railway undertakings may exist, approach. specifications in the EU legal EU legislation, including in the Rail Market Monitoring Survey providing there is an effective framework. This kind of synergy areas of: i) technical standards; - Acting as the EU-wide (RMMS), which provides a detailed and documented functional is very valuable and supports ii) interoperability; iii) safety; iv) authority for the European and comprehensive statistical separation between infrastructure FINDING SYNERGIES AND the harmonisation process at security; v) traffic management; Railway Traffic Management description of the rail transport management and transport COMPLEMENTARITY international level. vi) state aid; vii) social policy; System and for issuing railway sector in each Member State. The operations. Also, the EU legal viii) public procurement; and ix) vehicle authorisations and sixth RMMS report was published framework for rail transport is The scope of the EU rail legislation Following this rationale, international environment. single safety certificates. at the beginning of 2019 and mostly regulated by Directives, concerns the general organisation railway law should develop at can be accessed on the website which set out the objectives and regulation of the railway system international level based on the Furthermore, the EU Hence, the Agency plays a central of the European Commission’s but allow EU countries to take and does not cover the field of existing legal systems worldwide, neighbourhood policy provides a role in pooling expertise and Directorate-General for Mobility appropriate transposing measures contract law, which is regulated at in order to prevent rules and framework for cooperation and for as a platform for exchange and and Transport. that take into account the specific national level and/or at international requirements currently in force from streamlining rail transport normative development. In June 2019, it situation of each country's legal level. overlapping and fragmenting. systems with several non-EU also acquired a new role to act The process of harmonising rail and administrative system. as a one-stop shop and issue transport rules and standards at authorisations for placing vehicles EU level has been supported and 2 This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration on the market. catalysed by two technological of independence Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 24 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 25

countries. This is particularly Parties to legally-binding in the EU, the right approach OTIF’s role in ensuring uniform and high quality railway law relevant in the case of the Eastern conventions administered by ITC for unifying international railway Partnership, which is a joint policy and its Working Parties currently transport law is a pragmatic and initiative between the EU, its include 147 UN Member States. step-by-step approach, which 20 YEARS OF THE Revision Committee. In some developments require considerable Member States and its six Eastern The adoption of this strategy enables trust to be built among VILNIUS PROTOCOL - respects, harmonisation goes so far efforts by the Member States if they neighbours: Armenia, Azerbaijan, signals the further opening up of stakeholders and cooperation SITUATION UPDATE as to mean that COTIF is applied are to be successful. With regard Belarus, Georgia, Moldova and the conventions under the ITC’s mechanisms to be developed directly in the EU Member States’ to developments in Geneva, it is Ukraine. purview to the entire 193 Member between the different parties The 20th anniversary of the Vilnius national sphere (cf. PRR/CIV, RID). important to find out what reasons States of the UN. involved. Protocol provides a welcome in terms of transport law have led At regional level, the EU In this context, the work of the opportunity to take stock of Another important outcome of to the URL in its current form being recognises that nine of its UNECE Group of Experts towards More specifically, several success OTIF’s position. Rail transport Vilnius in terms of COTIF/EU legal rejected. Member States, which are OTIF Unified Railway Law is particularly factors need to be considered. is currently at the centre of harmonisation was OTIF’s new role members, are also members of significant and relevant. Firstly, a shared understanding of the political discussion in of developing rules for the mutual the Organisation for Co-operation fundamental administrative and terms of finding solutions for acceptance of vehicles, based on HOW CAN IT BE between Railways (OSJD); on In this forum, the European economic principles underpinning a sustainable transport policy EU legal provisions and technical ENSURED THAT this account, the EU is involved Commission, along with several EU the functioning of railways – this (see, for example, the EU’s Green standards (interoperability/ INTERNATIONAL RAIL in the ongoing negotiations on a and non-EU countries, advocates determines a process of structural Deal, UN’s SDG). To achieve TSI, safety). In future, it will be TRANSPORT LAW IS OF draft OSJD convention, with the gradually developing global rules reform and regulatory convergence. climate targets and in light of social important to pay close attention to HIGH QUALITY? view to bringing OTIF and OSJD for rail transport law, starting with Secondly, the justification and megatrends, such as urbanisation the interface between the SERA systems closer – thereby easing the adoption of a new legally- prioritisation of technical areas and demographic changes, the and international transport, e.g. in In addition to avoiding new and supporting the process of binding instrument providing a and market segments, for which railways are indispensable. Rail the context of implementing the interfaces and the harmonisation harmonising and unifying rail law single legal and liability system legal norms should or could be transport enables the sustainable technical pillar of the 4th Railway of transport law systems, the and technical requirements across for the contract of carriage of harmonised. Thirdly, a coherent performance of passenger and Package. The external border of uniform application and ongoing the Eurasian continent. goods by rail in international traffic approach to developing railways at freight transport that preserves the the EU must in no way become development of transport law itself is between Europe and Asia. national level, as part of integrated environment, without restricting an obstacle to international rail another major challenge. At global level, the Inland Transport international and national transport people’s mobility and, at the same transport. Committee of the UN Economic This could be a major first step in strategies. Fourthly, an effective time, rail transport strengthens In order to simplify the application of Commission for Europe (UNECE) the process of unification of railway mind-set of cooperation between the economy. For OTIF and Another important task for COTIF and its further development, plays an important role for legal law at global level also taking and within relevant international international rail transport, it is OTIF is to achieve significant some important decisions were and technical harmonisation of into account the development of organisations. important that the legal conditions progress in harmonising the taken in this respect at OTIF’s land transport. In 2019, the Inland Eurasian rail transport corridors. for these developments be two systems of transport law of 13th General Assembly in September Transport Committee (ITC) adopted designed as favourably as possible. OTIF (COTIF) and OSJD (SMGS/ 2018. – with the EU’s support – its 2030 Maurizio Castelletti SMPS). For historical reasons, strategy, which set out the ambition CONCLUSIONS the two organisations represent One of these was to amend Article to create a worldwide framework HOW CAN THE different railway systems that 34 of COTIF so that the period for for sustainable inland transport, Based on the experience gained in FRAGMENTATION OF urgently need to be adapted to the entry into force of amendments including rail. The Contracting creating a harmonised legal system INTERNATIONAL RAILWAY current developments, particularly to the Appendices to the Convention LAW BE AVOIDED OR in the Euro-Asian region. The very was reduced to three years in OVERCOME? welcome growth in Euro-Asian rail order to react more quickly to freight traffic, where rail transport is developments in the rail sector. The Vilnius Protocol adapted playing an increasingly significant the somewhat antiquated rail role in addition to the more However, it will also be necessary transport legal regime of COTIF expensive air freight option and to keep a watch on the rapid and to the requirements of a modern more time-consuming sea routes, complete implementation of COTIF European transport market. will in future require complete legal in national law. Since the Vilnius The current legal framework and technical interoperability of the Protocol, this has been a specific makes it possible to perform rail systems. task of the Secretary General, as the transport in very different ways, depositary of COTIF. Recognising unshackled from the monopolies There has already been important the necessity of this, the Secretary of the former state railways. With progress in this area as a result General set up an advisory Working regard to compatibility with the of the common CIM/SMGS Group of Legal Experts. Its task is to EU’s acquis communautaire, consignment note and in the support the organs of OTIF in terms complete harmonisation was thus carriage of dangerous goods. Work of legal matters, thus simplifying achieved. With regard to the COTIF being carried out within the UNECE their work, and to ensure that the Appendices CUI, APTU and ATMF, (URL) and the current reform of Convention is effectively managed. this harmonisation was reached OSJD offer further opportunities step by step with the help of the for harmonisation. Both these The Working Group’s role is of a Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 26 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 27

preparatory and advisory nature application and implementation contribution to resolving transport in the legal area and includes the of COTIF; problems and will thus become the following particular tasks: means of transport for the - Forum and think-tank for the 21st century. - Prepare draft amendments or OTIF Member States, where additions to COTIF; relevant legal issues can be OTIF is aware of its important role addressed and discussed. in ensuring uniform international - Advice and support in legal railway law. The focus of the work matters; must be to overcome the differences CONCLUSION in the legal systems for rail transport - Promote and facilitate the and to ensure that there is a high application and implementation All the signs are that, as at the quality legal framework. of COTIF; start of the industrial revolution in the 19th century, the railways can - Monitor and assess the again make a significant social Wolfgang Küpper Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 28 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 29 SESSION 3

Evolution of international railway market: challenges and objectives for contractual law and organisation of efficient international traffic

Ralf-Charley SCHULTZE Cesare BRAND Dr. Péter RÓNAI UIRR President CIT Secretary General RNE Vice-President Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 30 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 31

Challenges and objectives for contractual law and OTIF LAW MAKES railway rules, the underlying law smaller quantities, the intermodal RAILWAY TRANSPORT and the differences in the facilitating technique widely used in organisation of efficient international traffic EASIER IT systems. maritime shipping is becoming dominant in rail freight as well. The issue is to make railway Should peace prevail on the This trend, observed throughout The President of UIRR, Ralf- - the Uniform Rules concerning infrastructure managers, but also transport easier and to eliminate wider, interconnected Eurasian- the European Union, is certainly Charley Schultze, moderated this the Contract of Use of the customers to support their the complexity of rail transport. In North African landmass, and not stopping at its borders, but it is panel with the participation of Infrastructure in International work. order to improve the development the development of trade be extending beyond them. Cesare Brand, General Secretary Rail Traffic (CUI), which are of railway transport, the sector unobstructed, the need for more of the International Rail Transport international law and an UIRR is the industry association has some requirements and efficient and smoothly running These facts have a direct impact on Committee (CIT), Péter Rónai, Vice- appendix to COTIF applicable for combined transport in Europe. expectations. rail freight is certain. OTIF, as the the regulations. International rail Chairman of RailNet Europe (RNE) to any contract of use of railway The International Union for custodian of the railway law that freight law must therefore extend and Peter Jäggy, Secretary General infrastructure in international Road-Rail Combined Transport COTIF is a proven and high- governs this activity, should use to the particular features of ad interim of Forum Train Europe railway traffic represents the interests of quality framework for rail the time to intensify its activities to intermodal transport to include its (FTE). European road-rail combined transport contracts and the update international railway law. specific transhipment and technical, CIT, RNE and FTE are working - the European general terms transport operators (customers development of common safety, liability and administrative closely together. All three are voices and conditions for the use of the RUs) and transhipment procedures. The modern, forward The rules enshrined in COTIF aspects. of the sector. of infrastructure (EGTC-I), terminal managers. Its aggregated looking legal framework should be and its appendices are critically a set of basic contractual transport performance represents further developed and adapted to important to creating a functioning The objectives of CIT are mainly conditions for use of railway more than half of European some new needs and challenges. Eurasian-North African railway area. THE RELATIONSHIP the implementation of COTIF and infrastructure, which RNE and combined transport, including In some instances, the rules need BETWEEN DOMESTIC, European law that has an impact on CIT recommend applying to port hinterland, continental and COTIF has been the backbone of updating or more details; in others, REGIONAL AND GLOBAL transport law, the standardisation of all contracts of use of railway intercontinental relations, while rail freight transport in the greater they need to be slightly broadened INTERNATIONAL the contractual relationship between infrastructure for international including both rolling motorway European railway area, providing – to include terminal rules for RAILWAY POLICY AND carriers and between carriers and or international and domestic and unaccompanied transport rules that were vital to conducting instance – in order to be used as REGULATIONS MUST BE their customers for passenger and transport by rail and use of services. The Association’s cross-border traffic in times a blueprint to develop operational ARRANGED IN A NEW freight traffic and representation of services in service facilities activities focus on three areas of when the continent was divided. processes and the underlying IT WAY its members’ interests vis-à-vis the operated under an IM’s control interest: (i) the quality performance The European Union’s eastward systems, as well as the architecture authorities and other organisations. of rail freight, (ii) a fair, mode- extension to the former socialist for the data flows that need to International law goes beyond Market opening in rail transport - the Standard contract of use neutral regulatory framework, and countries and the incorporation of accompany rail freight in the international transport; it started in the early 1990s. Since of infrastructure (SCU-I) which (iii) the enhancement of intermodal COTIF into EU law has meant that 21st century. is also harmonising and then, three major trends have been should be a contract template transport. In this context, the initiative in terms of developing modernising national law. Just identified: digitalisation, increasing serving as toolbox for IMs and UIRR promotes combined legislation for rail transport has as COTIF became the backbone competition and door-to-door RUs. transport and contributes to the mainly passed to the EU. THE FUTURE OF of European railway law, so should traffic. development of its best practice MULTIMODAL its updated, 21st century version CIT suggests alignment with and standardisation. It also Political developments in nearly all TRANSPORT be made suitable to support the The aim of RNE, the umbrella existing texts, in particular EGTC-I, administers essential components regions neighbouring the EU – from daily operation of freight trains organisation for Infrastructure and application to international and of digital systems that aid daily North Africa through the Middle East The Commission’s multimodal throughout the entire Eurasian- Managers and allocation bodies, domestic transport. operations, including the issuance to Ukraine and Russia in the East – year 2018 showed that intermodal North African land mass. OTIF is to help facilitate international of the ILU Code identifier for non- have resulted in the deterioration of transport is the engine of growth of should develop the rules and rail business. It delivers tools FTE is the European coordination ISO loading units. relations, and occasionally even in railways. While the rail mode itself then facilitate recognition of the and solutions for international platform of railway undertakings wars that have negatively affected is stagnating and interoperability Convention and its appendices infrastructure management and for cross-border passenger and In the multimodal logistics trade relations. The consequences has not yet been fully implemented as the backbone of railway law in provides information on the freight trains. Its main tasks are chain, a lot of stakeholders are were quite negative from the in the EU, the volume of intermodal every country within this area that is European Railway Infrastructure. the harmonisation of production involved. The positions of the perspective of rail freight. traffic has doubled in less than 18 connected by railway infrastructure. RNE follows a market-oriented plans and path requests and the key stakeholders on the need years. approach and designs the entire harmonisation of international for further harmonisation are not Intercontinental rail transport along rail infrastructure production processes and IT systems. The always aligned, but simplification the “Silk Road” connecting China Thanks to the techniques of Ralf-Charley Schultze process. In addition, RNE acts most important projects are the of the contractual framework to Europe has been the exception intermodal transport, rail freight as a coordination platform for redesign of the international time through harmonisation seems key in this regard. Substantial railway is rapidly becoming capable of the development of common table process (TTR) and the to improving the competitiveness investments in both China and offering competitive solutions for procedures, documents and IT technical specifications for freight of rail transport. Russia have fueled promising logistics and of delivering the right tools across all 11 Rail Freight and passengers (TAF/TAP-TSI). developments in rail freight traffic. conditions to transport diverse Corridors. Optimising international trains is a Today, the main obstacles to cargo, either palletised or otherwise very intensive and iterative process. further rapid development are grouped into smaller units. As Some examples of international Railway undertakings cannot less infrastructural than political, trade is becoming more centred rules are: do it on their own; they need the heterogeneity of customs and on the just-in-time delivery of these Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 32 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 33

20 years of COTIF. Quo vadis? INCREASED compensation between the various agreement (Article 8 § 4 CUI). COMPETITION participants takes place “behind COTIF 99 was developed in the 1990s. At that time, liberalisation and opening of the railway market the scenes” as part of a recourse The wagon keeper is liable to the were on the cards. While it was possible to discern the beginnings of digitalisation at that time, this Encouraging competition was one settlement. In other words, the carrier for damage caused by and other trends have now become much more apparent. Does COTIF 99 need to be adapted to of the key objectives of COTIF most important matter is dealt with the wagon only if the carrier can reflect these developments? Do the railways have to modernise the “legal” tracks on which they 99. However, this was more a behind closed doors. demonstrate fault on the part of operate? theoretical concept than a reality in the keeper (Article 7 § 1 CUV). In the 1990s. THE RULES IN THE practice, such proof is difficult to BACKGROUND provide. CONGRATULATIONS TO OPEN QUESTIONS ABOUT differently in different countries. Today it is different. The THE COTIF ON ITS DIGITALISATION Today, this involves a huge amount introduction of competition was In the event of death or personal OBVIOUS DISINCENTIVES 20th BIRTHDAY! of legal uncertainty and is one completed for freight traffic in 2007 injury, the passenger traffic carrier There are three main questions reason why the digitalisation of and for international passenger is liable in principle, irrespective It is clear that one side is at a COTIF 99 international railway law concerning digitalisation and COTIF consignment notes is progressing traffic in 2010. National passenger of the infrastructure used.5 disadvantage, and that is the was developed in the 1990s with 99. so slowly. The situation with traffic is following in 2020. The According to Articles 8, 11 and 12 railway undertaking. There the impending liberalisation of the passenger traffic is similar. Article share of the competitor railways of the CUI, recourse against the is no commercial reason for railway market in mind. It has been - Is the requirement for functional 7 § 5 of the CIV3 states that a in freight traffic is around 30%, infrastructure manager is limited6 infrastructure managers to in force since 2006. An outstanding equivalence in the context ticket can also take the form of although the share in passenger to the compensation due to the conclude an agreement on delays feature of these rules is their of technical developments in electronic records that can be traffic is still well below 20%.4 passenger on the basis of the and operational disruptions agreeably high legal quality. The digitalisation still up to date? transformed into legible written The EU’s market regulation of CIV. Excluded from the recourse for either passenger or freight law has proven itself in practice. symbols. The data must also be the railway sector has led to against the infrastructure manager traffic. The principle of (voluntary) The introduction of competition In tomorrow’s digital world, only functionally equivalent in terms of an increase in the number of are the increasingly important agreements does not go far was completed only a few years predefined data records will be its evidential value, although it is players with differing financial compensation payments for enough here. Mandatory regulation after COTIF 99 was implemented, transmitted electronically. IT doubtful whether this will continue incentives (railway undertakings, delays as prescribed by the EU is needed, and it should eliminate in 2007 for freight traffic and 2010 systems will be interoperable and to be realistic in a digital world. infrastructure managers, service Regulation on Passenger Rights. disincentives from the system at the for international passenger traffic. will no longer rely on “printable” facility operators, wagon keepers, According to media reports, the same time. interfaces. Data records will not - What about customs etc.). COTIF follows the principle annual compensation payments Since then, we have identified three only contain the content of the regulations? of the “one-stop shop” in the made by DB now amount to over What is the incentive for an important trends: digitalisation, consignment note but will also execution of contracts, which is well 50 million EUR. The parties could, infrastructure manager to offer increased competition and the contain information flows to the According to the current Article 6 § understood and appreciated by the of course, reach an agreement on high-quality train paths if he does demand on the part of customers authorities (such as customs, RID) 7 a legal connection exists between customers. The complex railway whether and to what extent the not have to pay for the financial for contractual “door-to-door” or to the infrastructure managers the consignment note and customs system can only compete if it is infrastructure manager is liable for consequences of delays, even if solutions. Today, 20 years later, (such as TAF TSI). A governance law. Although the simplified easy for customers to understand the damages suffered by the carrier he has caused them? Experience we have to ask ourselves whether system will regulate access to customs procedure is likely to be and to use, even when there are as a result of the delay or disruption has shown that state-owned COTIF 99 needs to be adapted in data. Whether the requirement for with us for several years yet, the problems. The pathways must (Article 8 § 4 CUI). But let’s be frank infrastructure managers subsidised response to these trends. functional equivalence will still be question remains as to how freight remain clear and simple for the – are infrastructure managers really by the public sector point to the appropriate in this kind of digital and customs law should act within customer. They do not want to have interested? lack of a statutory framework and environment is rather doubtful. a digital environment (new EU to find their way through a maze. refuse to increase their contractual DIGITALISATION customs code). Paper will inevitably The same principles also apply to liability “voluntarily”. While this - What about evidential value? become less important. What are the roles of the current freight traffic, where the carrier is is understandable, it is far from COTIF 991 was not unaware of the players in this system? The doors liable for loss or damage and for satisfactory. digital transformation; its arrival On paper, it is quite clear; the to the previously mentioned, and exceeding the transit period (Article was already on the cards. Article paper-based consignment note certainly desirable, COTIF “one- 23 § 1 of CIM). The carrier is also The same applies to wagon law: 6 § 9 of the CIM2 therefore defines (original and carbons) is proof of stop shop” are in the hands liable for the loss of or damage why should a wagon keeper invest in the legal basis for the electronic the contract and is recognised of the railway undertakings. to the wagon or its accessories.7 safety measures when he is unlikely consignment note. However, the by the courts (Article 12 CIM). These are the primary points Here too, recourse against the ever to be liable for the damage electronic consignment note must The situation is more complex in of contact for passengers and infrastructure manager for damages caused by his wagons? After all, have functional equivalence with the digital world. An investigation consignors of freight in the event suffered by the carrier as a result during the negotiations on the GCU the paper solution, particularly for by CIT has shown that the of a disruption in the performance of a delay or operational disruption (General Contract of Use of Wagons), reasons of evidential value. acceptance of digital documents of the contract of carriage. The is only possible if the parties the wagon keepers agreed to reduce (meaning print-outs of digital allocation of responsibility and have concluded an appropriate the strict burden of proof placed on information) is regulated very

4 Figures from fifth report on monitoring development of the rail market by the European Commission, 2016. 1 Convention concerning International Carriage by Rail, or COTIF for short, according to the Vilnius Protocol. 5 Article 26 CIV 2 Uniform Rules concerning the Contract for International Carriage of Goods by Rail - Appendix B to COTIF. 6 Uniform Rules concerning the Contract of Use of Infrastructure in International Carriage by Rail - Appendix E to COTIF 3 Uniform Rules concerning the Contract for International Carriage of Passengers by Rail (CIV) - Appendix A to COTIF. 7 Article 4 § 1 CUV; Uniform Rules concerning the Contract of Use of Wagons in International Rail Rraffic - Appendix D to COTIF Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 34 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 35

railway undertakings towards the the law and contracts is a major that the last revision of the CUI RNE’s vision for harmonisation of the contractual wagon keepers in the CUV. reason for this negative perception, missed the opportunity to adjust as well as quality. Freight traffic the scope of application of CIM, framework The railways can only compete with customers in particular want to CIV and CUI and to simplify their road transport if the regulations send their goods from A to B contractual structure, at least for provide economic incentives (such without being confronted with international traffic. ABOUT RNE has launched a project aimed and mandatory manner2. as liability rules, for example) the different regulations for RAILNETEUROPE at overcoming this fragmentation to support an improved “system each mode of transport and the by analysing existing documents, The application of the CUI UR performance” by the railway towards likelihood of having to deal with CONCLUSION RailNetEurope (“RNE”) was set up identifying missing or overlapping is obligatory (only) insofar as the its customers. complex transport contracts. Digital in 2004 on the initiative of a number contents, and providing purpose of the contract of use of platforms, such as blockchain, and From CIT’s point of view, COTIF of European railway Infrastructure standardised structures and texts; railway infrastructure is international ACTING MORE QUICKLY smart contracts are helping them to and its appendices provide Managers and Allocation Bodies in this Article, RNE’s vision for carriage by rail within the meaning conclude and process intermodal a valuable, high-quality legal (IMs/ABs) to help its members approaching the harmonisation of the Uniform Rules concerning the The growth in competition is transport contracts from A to B framework for the performance meet the challenges of the rapidly challenge will be presented. Contract of International Carriage of making it necessary to alter more conveniently and easily. For of international rail transport. changing railway sector in Europe Passengers by Rail - Appendix A to some of the COTIF appendices. this reason, carriers are under The framework has proved to be and to promote international rail COTIF (“CIV UR”) and the Uniform For example, there is the an increasing obligation to bear very successful in practice. In the traffic. This entails developing INTERNATIONAL AND EU Rules concerning the Contract of matter of whether, in view of the the legal and financial risks of the 1990s, COTIF was devised to be harmonised international business LAW AS A BASIS FOR International Carriage of Goods by changes in the logistics sector, transport chain. modern and forward-looking. processes and supporting IT THE WORK Rail (CIM) - Appendix B to COTIF the consignment note can be This forward-looking approach tools, templates, handbooks and (“CIM UR”). made a letter-of-credit-compliant The question here is whether of the “founding fathers” must guidelines. Any attempt to address the current The contracts governed by CUI UR document. In order to respond to and how COTIF can support this be maintained – especially in the fragmentation of the contractual can be contracts under civil law or these rapid changes in the market technical development from a face of digitalisation, increased Today RNE has 35 Full Members relations between infrastructure under public law. environment, the adjustment legal point of view. On this same competition and multimodal door- from over 25 different countries managers and their customers As the scope of application of mechanisms for regulation need to matter, the authors of COTIF to-door transport! The overriding and 10 Associate Members (the needs to take into consideration CUI UR partly overlaps with that be accelerated. The basis for doing 99 have already implemented objective must be to make the Rail Freight Corridors). All in all, the existing legal framework, and in of corresponding EU law, CUI UR so was put in place at the last OTIF a multimodal approach to complex railway system even their rail networks add up to well particular the following documents/ contain dedicated clauses to clarify General Assembly in 2018. regulation (Article 1 §§ 2, 3 more competitive with other over 230 000 kilometres of railway acts: the hierarchy between CUI UR of CIV and 3, 4 of CIM). This modes and systems of transport lines. Further information on RNE is and EU law on specific aspects approach should be continued. through the use of innovation, available at rne.eu. INTERNATIONAL LAW governed by the CUI UR.3 DOOR-TO-DOOR legal certainty and the highest SOLUTIONS In view of the increasing national level of quality and customer - Appendix E to the EU LAW importance of COTIF (CIV, awareness. INTRODUCTION Convention concerning The railways have a reputation with for example, passed into national TO THE TOPIC International Carriage - Directive 2012/34/EU customers for being extremely law as part of the EU Passenger by Rail (“COTIF”), i.e. the establishing a single complicated. The complexity of Rights Regulation), it is regrettable Cesare Brand Harmonising contractual relations Uniform Rules concerning European railway area between infrastructure managers the Contract of Use of and their customers1 to facilitate Infrastructure in International The key objective of Directive international rail transport has Rail Traffic (“CUI UR”) 2012/34/EU4 (“the Directive”) is to been a long-standing objective of enable non-discriminatory access the railway sector, in particular of The CUI UR constitute a set of to the railway network of the EU railway undertakings/applicants. In binding rules for international for all railway undertakings. To this order for rail to remain competitive rail transport operations, with a end, the Directive contains a set of with other modes of transport, focus on liability rules. They are procedures and requirements for it is of paramount importance to based on the fundamental idea accessing the railway infrastructure reduce the complexity of operating of granting the parties to the in EU Member States, e.g. rules on international rail transport services; contract maximum freedom in the licensing of railway undertakings, in this context, the fragmentation of constitution of their contractual the allocation of infrastructure the contractual framework needs to relationships, with liability, however, capacity, calculation of charges be tackled. having to be regulated in a uniform for the use of the infrastructure,

1 “Customers” in this document refers to “railway undertakings” and (non-RU) “applicants”, as defined in points 1 and 19 of Article 3 of Directive 2012/34/EU. It thus covers non-RU applicants such as shippers, freight forwarders, competent authorities, etc. 2 See page 3 of the consolidated Explanatory Report on CUI UR adopted by the OTIF General Assembly, AG 12/13 Add. 8 of 30.9.2015. 3 See Article 5bis of the CUI UR. 4 OJ L 343, 14.12.2012, p. 32. Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 36 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 37

prohibition to transfer allocated - Directive 2016/798/EU on the contract are agreed between defined by infrastructure managers, NETWORK STATEMENTS AND developed by the infrastructure paths, an obligation of infrastructure railway safety the infrastructure manager and CIT and RNE, with the support of CORRIDOR INFORMATION managers and is subject to managers to publish the conditions the railway undertaking. In EU CER and EIM, have developed a DOCUMENTS consultation with the customers. for access to their networks in the Directive 2016/798/EU5 (“the Safety Member States, the principle of set of European General Terms (FOR EU MS AND COUNTRIES There is currently no common form of a network statement, etc. Directive”) sets out the principles non-discrimination enshrined in and Conditions of Use of Railway HAVING TAKEN OVER EU RAIL understanding among infrastructure It applies to the use of railway for issuing, renewing, amending Directive 2012/34/EU always has to Infrastructure (“E-GTC-I”)8. ACQUIS) managers as to whether the infrastructure for domestic and and restricting or revoking safety be complied with. Infrastructure managers are free network statement is legally binding international rail services. The certificates and authorisations. The to decide on whether to apply Thirdly, many infrastructure or not. A number of infrastructure provisions of the Directive have to safety certificate is a precondition Currently, there is no agreed the E-GTC-I or national GTC-I. managers refer in their contract managers consider the network be transposed and implemented to operate rail transport services standard for contracts of use of So far, only a limited number of use of the infrastructure or the statement as the general terms by all EU Member States; as a in the EU, which is also reflected the infrastructure for international of infrastructure managers are general terms and conditions to the and conditions for access to their number of provisions only lay down in the CUI UR, Directive 2012/34/ rail transport operations. Most applying/offering the E-GTC-I. network statement and/or Corridor infrastructure; others use it as the principles/objectives, Member EU and contracts between infrastructure managers have National GTC-I vary in scope, even information document. extended part of the contract, while States are entitled to define at infrastructure managers and their designed their own standard though they are in a number of some only refer to it as information national level detailed rules to customers. contract of use of the infrastructure; cases inspired by the E-GTC-I. According to Article 27 of Directive documents. meet these principles (e.g. national in many cases, a template for Different approaches are currently 2012/34/EU, each infrastructure capacity allocation frameworks). such a contract is included in chosen to make GTC-I part of manager in the EU is obliged to In addition to the network OVERVIEW OF THE the network statement of the the contractual framework. Some publish a network statement setting statement, Regulation (EU) No Contractual relations between CONTRACTUAL infrastructure manager. The scope infrastructure managers include out the nature of the infrastructure 913/2010 requires infrastructure infrastructure managers and their FRAMEWORK FOR and level of detail of provisions GTC-I in the text of the contract which is available to railway managers to draw up an customers are referred to in Articles INTERNATIONAL RAIL included in these contracts vary of use of the infrastructure, others undertakings. In addition, the information document for rail 28 and 44 of the Directive, which TRANSPORT considerably. include them in their network network statement must contain freight corridors established in require railway undertakings and However, the infrastructure statement, yet others include GTC-I the conditions for access to the accordance with that Regulation infrastructure managers to conclude The design of contractual relations managers of the Scandinavian – partly in the contract of use and relevant railway infrastructure and (“Corridor information document”). “the necessary agreements under for the operation of international rail Mediterranean Rail freight Corridor partly in the network statement. to service facilities connected to This document has to contain public or private law” regarding transport is currently characterised (“ScanMed RFC”)6 are about to Some IMs also include the GTC-I the network of the infrastructure all information from the network the use of the infrastructure. by a multitude of different launch a trial offering a standard in dedicated documents, which manager as well as for supply of statements that is relevant to the The conditions governing such approaches. However, it appears contract of use of the infrastructure are annexed to the contract of use rail-related services offered in such Corridor as well as additional agreements have to be non- that the following three elements to railway undertakings operating or made part of the contractual facilities. information on Corridor-specific discriminatory and transparent, are very common constituents on their Corridor. In addition, RNE relations by references in the procedures (e.g. allocation of in accordance with the Directive. (“building blocks”) of the contractual developed a template for such a contract. The network statement is capacity offered by the Corridors). Moreover, the Directive entitles relations between infrastructure contract in 20047 and is currently non-RU applicants to conclude managers and their customers: discussing with CIT the possibility agreements with the infrastructure of designing a new version. December 2019 manager to reserve capacity to be CONTRACT OF USE OF THE STAUS QUO: DIFFERENT MODELS used by a railway undertaking to INFRASTRUCTURE GENERAL TERMS AND (based on results of survey with RNE LM WG Members) be appointed at a later stage by the CONDITIONS FOR THE USE OF non-RU applicant. Firstly, as required by Article 28 of THE INFRASTRUCTURE Directive 2012/34/EU and Article IS

While the Directive does not contain 5 of the CUI UR, infrastructure Secondly, most infrastructure FI any further provisions defining in managers usually conclude a managers have defined a set of NO SE detail the content of contractual contract of use of the infrastructure general terms and conditions for EE LV RU relations between infrastructure with the railway undertaking use of the infrastructure, which form DK LT managers and their customers, the operating the rail transport service. part of the contractual relationship Contract of use (incl. GTC) + NS BY IE NL GB PL extensive set of binding rules on In addition, contracts for reservation with their customers. Contract of use + NS (incl. GTC) DE BE CZ LU UA access to/use of the infrastructure of capacity are concluded by a The CUI UR provide a framework Contract of use (incl. GTC) + NS (incl. GTC) SK LI AT MD laid down in the Directive effectively number of infrastructure managers for the development of general FRFR CH HU Contract of use (incl. GTC) + NS + GTC (sep. doc.) SI HR RO results in a significant limitation with non-RU applicants (e.g. conditions for use of the BA RS Contract of use + NS + GTC (sep. doc.) MC IT BG ME GE of the contractual freedom of the shippers, freight forwarders, infrastructure (“GTC-I”). While AL MK AM AZ Contract of use (incl. GTC) PTPT ESES parties. public authorities). The terms of GTC-I are in principle unilaterally GR TR

TN SY IR LB IQ MA DZ IL 5 OJ L 138, 26.5.2016, p. 102. Please note: this map does not include information about application of EGT-I; JO EG based on feedback from LM WG Members it appears that EGT-I are currently applied LY SA 6 Rail freight Corridors are set up in accordance with and governed by the rules of Regulation (EU) 913/2010 on a European rail network for fully by ProRail and CH IMs and party by Infrabel, HZ Infrastruktura, SNCF Reseau and Tra kverket competitive freight (OJ 276, 20.10.2010, p.22). 7 The template of the standard contract of use is available at http://www.rne.eu/wp-content/uploads/RNE-Standard-Contract-of-Use-Version-2004. pdf. 8 The E-GTC-I are available at http://rne.eu/legal-matters/egtc-l/. Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 38 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 39

An overview of the approaches EXPECTED BENEFITS - Positions of key stakeholders legal provisions/regulatory statements and/or GTC-I will provide valuable input to this chosen to combine the different AND POTENTIAL on the need for further bodies’ decisions limiting remain applicable. work. “building blocks” shows the variety CHALLENGES OF harmonisation in this domain an infrastructure manager’s of solutions currently applied9: HARMONISATION are not always aligned. Actors contractual freedom. All these 3. As a third step, the benefits such as OTIF, UIC and railway elements (may) have an impact RNE’S VISION FOR and potential challenges of A discussion within RNE’s LM WG A harmonised contractual undertakings operating on infrastructure managers’ APPROACHING THE implementing one common has shown that there is not only a framework for use of the international transport services ability to follow a harmonised HARMONISATION model for assembling the variety of different structural models infrastructure in Europe could aim at harmonisation, whereas approach in designing the CHALLENGE different constituents (i.e. currently being applied, but there undoubtedly significantly facilitate some infrastructure managers contractual relations with their implementation of one of the is currently not even a common the operation of international and some customers would customers. Based on a first analysis of potential types shown on the map above) understanding of the typical content rail transport services. It would prefer to maintain their current benefits, risks and constraints, should be assessed. In this of the “contract of use” and of contribute to the establishment models which have been - A first prototype of a single RNE considers that the current context, the potential benefits “general terms and conditions”. of a truly single European rail developed (sometimes together contract was developed by fragmentation of the contractual of combination of some of the Content that is included in the area and could help to foster the with national regulatory bodies) the infrastructure managers relations for international rail constituents (e.g. merging of “general terms and conditions” development of international freight over years. Member States, from Sweden, Denmark and transport should be addressed in GTC-I with network statement in one country is not necessarily and passenger services. It can as owners of most (main) Germany for the route from the following way: or contract of use) should also considered as part of the “general be assumed that a harmonised infrastructure managers, and Älmhult in Sweden to Duisburg be considered. Based on the terms and conditions” in another contractual framework could at the same time national in Germany for the trains of STEPWISE APPROACH outcome of that assessment, country (e.g. in one country, certain generate savings for both lawmakers, have to implement IKEA Rail in the early 2000s. the sector should agree whether regulations are perceived as generic infrastructure managers and their binding international and EU However, it was discontinued Given the current diversity in to pursue this objective. content of the NS, while in another customers. law, but often want to preserve due to its limited added value. approaches for combining the country the same regulations form room for national specificities. In fact, despite signing a single different elements of the contractual 4. As a fourth step, it should part of the GTC-I). The same applies At the same time, when contract, the national GTC-Is framework, a stepwise approach be assessed to what extent to the content of the contract of use. approaching the harmonisation - Different organisations are and/or network statements of seems to be the most promising it is feasible and meaningful Therefore, in addition to the already exercise, the following potential willing to work on harmonising each infrastructure manager road towards harmonisation of the to develop common text for big variety of models, even countries challenges need to be considered: the contractual framework remained applicable. Moreover, contractual framework: contracts of use and general applying one and the same model for international rail transport the single contract covered terms and conditions, taking do not necessarily have the same - National legal frameworks and (e.g. OTIF11, CIT12, RNE, UIC, the international train service; 1. As a first step, there is a into account differences in understanding of the topics to be regulatory bodies’ decisions UNIDROIT, the rail freight however, for any additional need to develop a common national legal frameworks addressed in each of the different can constitute obstacles to forward initiative13). Alignment, national rail transport understanding of the scope/ and current practices. In this “building blocks”. harmonisation. Results of a rather than competition operations, the railway typical content of each context, the (potential) relevance survey conducted among RNE between the work undertaking needed to sign constituent of the contractual of supporting international/ As a consequence of the different Members show that in some undertaken at the various additional national contracts framework (i.e. contract of use EU legislation should also be approaches chosen to design countries, national law defines levels, seems crucial for a with each infrastructure of infrastructure, GTC-I and discussed. the contractual relations and of mandatory content of the successful outcome of the manager concerned. network statement), taking into the close interrelations between contract of use of infrastructure, different initiatives. account the relevant provisions SECTOR DRIVEN the documents constituting the and/or regulatory bodies have - The model contract of use of of international law (CUI UR for contractual framework between issued binding decisions on - Existing EU law leaves room for the infrastructure developed the contracts of use/GTC-I) and Experts in charge of designing and infrastructure managers and their the structure and content different organisational set- by RNE in 2004 (on the basis EU law (in particular Directive concluding contracts within their customers, it appears that the three of these contracts. These ups of infrastructure managers of the contract developed for 2012/34/EU for the network relevant organisations (infrastructure “building blocks” presented above constraints need to be taken (under public law/under private IKEA Rail) was rarely used. statement). managers and railway undertakings/ need to be treated as a package into consideration in defining law), varieties in implementing The start of the current trial of applicants) seem best placed to when tackling the fragmentation and assessing potential options certain processes relevant to a standard contract of use on 2. Such common understanding identify solutions that can properly of the contractual relations for for harmonisation.10 the design of the contractual RFC ScanMed was delayed can then be translated into address current problems and international rail transport. framework or for national due to unexpected hurdles common structures for at the same time be successfully from the ministerial side (related contracts of use, general terms implemented. Even if it cannot be to the governance structure and conditions and the network excluded that the sector encounters 9 The information contained in the Chart is based on the replies to a survey conducted among RNE Members. RNE cannot guarantee the accuracy of one of the infrastructure statement. RNE has learnt obstacles, which it might not of the information provided by its Members. managers involved). The model that common structures such overcome without the support 10 While it is very challenging to get a complete picture of such constraints, a survey to which 16 of RNE’s Members responded has shown that standard contract will be made as the Network Statement or from lawmakers, the harmonisation specificities in national laws exist. However, in most cases it appears that these constraints could be overcome by, for example, leaving some available by the C-OSS for Corridor Information Document process should nevertheless be flexibility in harmonised documents and possibly involving regulatory bodies in the harmonisation exercise. railway undertakings ordering Common Structure can initiated and driven by the sector. 11 See document SG-18046-AG 13/17 of 25.5.2018 concerning the OTIF working group of legal experts, which suggests that the working group PaPs and feeder- and/or already significantly facilitate should support the sector in establishing a uniform legal framework for using international train paths following the model of the GCU. outflow-paths offered by RFC the orientation of customers. RNE expects first results from 12 See CIT Info No. 2/2019, p. 9; https://www.cit-rail.org/media/files/public/cit-info/2018/cit-info_2018-4/cit_info_2_2019_de.pdf ScanMed. It needs to be noted The common structure of the its project aimed at harmonising 13 See “30 by 2030 rail freight strategy to boost modal shift” published by the rail freight forward initiative: https://www.railfreightforward.eu/sites/ that in addition to the standard network statement and the the contractual framework for default/files/downloadcenter/whitepaperldupdated.pdf, p. 21. contract, national network E-GTC-I that already exists can international rail transport, such as Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 40 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 41

a proposal for a common structure international rail transport is network statements, is needed for the three constituents of the characterised by a large variety to address the harmonisation contractual framework (i.e. contract of different solutions, which challenge. of use of infrastructure, GTC-I and constitute a major challenge for network statement) to become the development of international RNE is prepared to take an available in 2020. rail transport. RNE has undertaken active, leading role in the process a first attempt to analyse the of harmonising the contractual In parallel, RNE is engaging with CIT status quo and to identify possible framework for international rail on the topic and is closely following ways forward to tackle this transport and to pursue its vision the planned trial of a standard fragmentation, taking into account in close exchange with other contract of use on the Scan-Med the existing legal framework and organisations at European and RFC. ongoing initiatives in this regard. international level (including OTIF’s RNE considers that a sector-driven, working group of legal experts). stepwise approach, which looks CONCLUSIONS at the broad picture of contractual relations, i.e. not only the contract Elisabeth Hochhold As this article shows, today of use as such, but also general Dr. Peter Rónai the contractual framework for terms and conditions and the Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 42 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 43 CONCLUSION

Clio LIÉGEOIS Christophe LE BORGNE CAROLINE BAILLEUX OTIF Ad hoc Committee on Cooperation, OTIF Committee of Technical OTIF RID Committee of Experts - Revision Committee - Chair Experts - Chair Chair Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 44 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 45

For a paradigm shift in the rail sector: resolutely “Digitalisation: a future challenge for attractive international international and feminine rail transport”

symposium on which both men and Against this background, I wished Twenty years have already passed and hence less competitive. the safe operation of trains in women were equally represented. to underline the fact that the work since the Vilnius Protocol and Speakers at the symposium did not international traffic was passed at I expressed my regret at the fact OTIF carries out is aimed mainly at the ratification of the Convention hesitate to emphasise the problems OTIF’s last General Assembly. The that on this very interesting day, meeting the requirements of the rail concerning International Carriage they encounter in international working group of technical experts despite the presence of numerous sector, which is the primary user by Rail (COTIF 1999). Last October, rail transport. For example, the (WG TECH) is also preparing new female participants, the panel and beneficiary of the provisions OTIF organised a symposium in the European Chemical Industry UTPs relating to infrastructure. members who had spoken were of COTIF and its appendices, capital of Lithuania to bring together Council (CEFIC) criticised the weak exclusively men. As part of the which are intended to organise representatives of the railways and coordination between rail transport In terms of European legislation, DG MOVE “Women in Transport” the legal framework applicable European institutions. The aim of actors in the logistics chain. The a major change occurred last initiative, I therefore invited listeners to international rail transport. It the symposium was to provide International Union of Wagon year with the introduction of the to give some thought to giving is therefore important that the an update on the situation of rail Keepers (UIP) referred to cases 4th Railway Package (technical women more encouragement to subjects and studies dealt with by transport, recall achievements where it is more expensive to cross pillar). Since 16 June 2019, the participate actively in this type the organs of OTIF are appropriate in this area and discuss the new the border by train than by lorry. European Union Agency for of event in order to strengthen in terms of issues that have an challenges that have to be faced. Railways (ERA) has been the It was a great honour and pleasure diversity in the rail sector and added value likely to encourage Since it was founded in 1893, central authority responsible for for me to be invited by the contribute to broadening the international rail transport. In my According to the latest statistics OTIF has played a predominant issuing single safety certificates, OTIF Secretariat to present the discussion. view, the rail sector, which is still from Eurostat, the proportion role in harmonising the regulations vehicle authorisations for placing on conclusions at the end of the Vilnius very much organised around of freight carried by rail in the governing international rail the market and ERTMS trackside Symposium in my capacity as Chair The Vilnius Symposium gave us the its national components, and EU has not increased for years, transport. COTIF 1999, which is technical approvals in the EU. The of the Revision Committee and the opportunity to be informed about hence the positions which are compared with the other land a real toolbox available to the 4th Railway Package (TP) already ad hoc Committee on Cooperation. past developments in international taken, focus on these aspects, transport modes (road and inland States parties, today covers applies in eight EU Member The aim of my contribution in this railway law, with a look back at the but rarely go beyond national waterways). It stood at 17.3% in three areas of activity: rail States, including France and Italy. respect was to identify the lessons history of the Vilnius Protocol and considerations. I therefore urged 2017, i.e. around 4 times less than transport law for the carriage of The other Member States plan to learned from the round tables that the radical change it represented. representatives of the sector for road transport. In the current goods and passengers, regulating transpose the new legislation into were held during the symposium so We were also informed of what who attended the symposium to context of the battle against global the carriage of dangerous goods their national law by no later than as to derive proposals from them is happening now in terms of think more about international warming, how can this stagnation (RID) and interoperability. COTIF 16 June 2020. After one hundred for the work programme of the recent developments in this law, requirements and to participate be explained when rail transport has been able to adapt to the days in operation, ERA had already above-mentioned bodies, in order particularly the changes that the actively in deciding the priorities for remains the most ecological mode sector’s requirements and now received numerous requests via that the discussions that took place forthcoming entry into force of the the bodies that I have the honour of transport? In fact, rail transport provides three levels of integration the one-stop shop: 172 requests throughout the day can provide fuel Luxembourg Protocol will bring, as of chairing. To this end, I expressed with electric traction emits up of rail transport thanks to for vehicle authorisations, 8 others

for OTIF’s future work. well as looking ahead to the future the wish to be able to open these to 27 times less CO2 than road international contracts of carriage of concerning safety certificates and by contributing ideas that might bodies to sector representatives in transport. According to the Swiss freight and passengers by rail, the 3 requests for ERTMS trackside I therefore began by thanking the form the basis of OTIF’s future the near future and thus to give it a Federal Railways’ “ecocomparator” exchange of railway vehicles at the project approvals. ERA’s new Secretariat for its kind invitation work. It was in this framework that voice so as to direct the decisions application, a train journey from border and, lastly, interoperability. competence will in due course and by expressing my satisfaction my role as Chair of the Revision taken by providing an insight based Zurich to Geneva saves up to The interoperability aspect was simplify and speed up requests at being able to take part, together Committee and the ad hoc on practice. 50 kg of CO2 gas compared to introduced in 2011 following the for authorisation and will ensure with my counterparts who chair Committee on Cooperation led me a car. Moreover, wheel/steel rail accession of the European Union harmonised deployment of the RID Committee of Experts to speak in order to explore the contact and particularly the low to COTIF. It reflects the highest the ERTMS trackside system and the Committee of Technical conclusions to be drawn for the Clio Liégeois rolling resistance offer greater level of integration of international throughout the EU. Experts, and the Secretary General work programmes of these two transport capacity for less energy rail transport and makes it possible of OTIF, in the only panel at this bodies. consumption. In general, rail for trains to run without having to Technology and innovation transport consumes up to 6 times stop at borders. Appendices F have always played a prominent less energy than road transport. A (APTU) and G (ATMF) to COTIF are role in resolving problems single freight train can take around now dedicated to interoperability of interoperability in the rail fifty lorries out of road traffic! and contain a total of about fifteen system. In the area of power documents concerning, among semi-conductors for example, the Despite all these advantages, it is other things, the Uniform Technical increased performance of IGBTs clear that international rail transport Prescriptions (UTP) on rolling stock has led to the advent of multi- lacks appeal. The causes are well and rules and specifications on the system locomotives, which today known: technical, administrative national vehicle register and entities run from northern to southern and legal barriers that make this in charge of maintenance. A new Europe by adapting to the four main mode of transport more restrictive Appendix H (EST UR) concerning supply voltages of the European Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 46 Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 47

rail network. Another example and will in particular enable policy, for example. The European The Regulation concerning the International Carriage of is the European Train Control interconnection with the other rail sector’s “30 by 2030” aim System (ETCS), which is being modes of transport. Digitalisation, plans to double the modal share Dangerous Goods by Rail (RID): an example of intermodal deployed in the EU and beyond which has overwhelming support of rail freight transport in the next (most notably in China) and which from the sector, is becoming a ten years! As in the aviation and and geographical interoperability is gradually replacing the so- major challenge in terms of making maritime sectors, English will called class B national systems. the rail system homogeneous. certainly prevail as the common The ECTS unifies the system for Among other things, it opens language in international rail At the symposium, RID was several carried out by all the committees dangerous goods. This directive controlling train movements and, up new ways of simplifying and transport. Within the EU, there times referred to as an example of with responsibility in this area in requires the Member States of the with level 2, harmonises railway connecting processes, obtaining will be calls for ERA to strengthen regulations that ensure safety and order to align with the new version European Union to comply with RID signalling across Europe. With information in real time and its centralising role in the fields interoperability in the carriage of of the Model Regulations. In for transport between the Member regard to telecommunications, the facilitating decision-making. of interoperability and safety. dangerous goods by rail. addition, for land transport, a joint States and for national transport. new FRMCS (future railway mobile Digitalisation must make All these changes will require RID/ADR/ADN meeting is organised As a result, national rules have communication system) standard the railways more agile and OTIF’s cooperation and the This is why, at the conclusion twice a year by OTIF and the gradually disappeared. will supersede the GSM-R system competitive. EU’s collaboration to adapt of the symposium, the various UNECE. This meeting mechanism and deliver considerably better the international rail transport mechanisms that have led to this and cooperation between OTIF performance in terms of volumes In conclusion, the transformation regulations. OTIF must prepare success were underlined. and UNECE ensures harmonisation THE RAILWAY ASPECT and data transmission speeds, of the rail sector will continue for the challenge of digitalisation, between the regulations for thanks to 5G technology. According and speed up in the next few because it will probably have to The high level of safety is obtained the different transport modes, It has to be ensured that RID and to UIC, 5G technology, linked to years, particularly with the digital integrate the new situation into its by complying with the very precise particularly with regard to the the general railway regulations are artificial intelligence, is going to revolution. More significant sphere of activity. provisions, which have been classification of dangerous goods, consistent. This is assured by the pave the way for the digitalisation investment will be necessary to published step by step since 1893! packing requirements and tank participation of specialist experts of rail transport (Internet of Things) support the EU’s “Green Deal” Over the years, RID has evolved construction requirements. from the European Union Agency Christophe Le Borgne on the basis of experience for Railways and the European and scientific and technical Commission in the RID Committee progress. The participation of THE GEOGRAPHICAL of Experts’ working groups. A organisations from across the ASPECT joint coordinating group of experts industry, such as UIC, UIP and (JCGE) has also been set up. CEFIC, has played a large part in In the OTIF area, 44 states have This is jointly organised by OTIF this success. acceded to RID. and the European Commission’s Directorate-General for Mobility and Interoperability is ensured from the Harmonisation work is also carried Transport. This group, which brings perspective of intermodality and out with OSJD. Harmonisation together experts from the rail sector from a geographical perspective. between SMGS Annex 2 and RID is and the transport of dangerous a fixed item on the agendas of the goods sector, makes sure that two committees (RID and OSJD). the decisions taken by OTIF’s RID THE INTERMODAL The secretariats’ joint participation Committee of Experts and the ASPECT in these meetings and the active European Commission’s Dangerous participation of delegates from Goods Transport Committee Intermodal interoperability is countries involved in transport on the one hand, and by OTIF’s ensured by harmonising the in the two geographical zones Committee of Technical Experts rules with the United Nations ensures that there is progress in the and the European Commission’s Recommendations on the work on harmonisation. RISC Committee on the other, Transport of Dangerous Goods remain consistent. (the Model Regulations). All Within the European Union, RID the modal regulations for the has been carried over as an OTIF’s active role in all these carriage of dangerous goods annex to Directive 96/49/EC on processes, as well as the (IMDG for maritime transport, the approximation of the laws of competence and professionalism of ICAO for aviation, ADR for road the Member States with regard to its staff, have been welcomed. transport and ADN for inland the transport of dangerous goods waterways) are harmonised with by rail, which was subsequently these Recommendations. Every replaced by Directive 2008/68/ Caroline Bailleux two years, harmonisation work is EC on the inland transport of Bulletin of International Carriage by Rail | 20th Anniversary of the Vilnius Protocol 1999 - 2019 48

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