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OTIF Developing international regulations for railways. Railway Days Bucharest, Romania 8 October 2013. Content. OTIF introduction Geographical vision Mission New opportunities New tasks OTIF and EU technical regulations compared The convention and UTP development

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Otif developing international regulations for railways

OTIFDeveloping international regulationsfor railways

Railway Days

Bucharest, Romania

8 October 2013


Content

Content

  • OTIF introduction

  • Geographical vision

  • Mission

  • New opportunities

  • New tasks

  • OTIF and EU technical regulations compared

  • The convention and UTP development

  • International mutual acceptance of wagons

Railway Days, Bucharest, 8 October 2013


Otif developing international regulations for railways

OTIF

Organisation intergouvernementale pour les transportsinternationauxferroviaires

Zwischenstaatliche Organisation für denInternationalen Eisenbahnverkehr

Intergovernmental Organisation forInternational CarriagebyRail

Межправительственная организацияпо международным железнодорожным перевозкам

المنظمة الحكومية الدولية للنقل الدولي السككي

  • Inter-Governmental organisation

  • founded1 May 1985

    • predecessorof OTIF was OCTI (Office Central des transportsinternationaux par chemins de fer) since 1893

  • 48 Member States + 1 associate member

    • 270,000 km of railwaylines

  • Official languages: English, French and German

  • Headquarters:Berne, Switzerland

  • Staff: +/- 20 fte

Railway Days, Bucharest, 8 October 2013


International convention concerning the carriage of goods by rail 1890

International Convention concerningthe Carriage of Goods by Rail 1890

Railway Days, Bucharest, 8 October 2013


The legal interfaces of otif

The legal interfaces of OTIF

Developing international regulations for railways

The Organosation:

The specific characteristic of OTIF

  • OTIF: Regulations on international rail transport

  • Technical rules for interoperability/dangerous goods

  • Regulation of transport contracts

  • No prerequisite for regulating the rail market.

  • European Union:

  • Technical rules for interoperability and safety

  • Internal regulation of transport contracts

  • Implementation of liberal regulations for the rail market.

  • OSJD:

  • Technical rules for interoperability and safety

  • Internal regulation of conditions of transport

  • Administrative regulation of the rail market.

Railway Days, Bucharest, 8 October 2013


Cotif 1999

COTIF

Convention concerning

International Carriage by Rail

AppendixG

AppendixF

ATMF

APTU

Uniform Rules

concerning

the Technical

Admission of

Railway Material

used

in International

Traffic

Uniform Rules

concerning

the Validation

of Technical

Standards and

Adoption of

Uniform Technical

Prescriptions

applicable to

Railway Material

intended

to be used

in International

Traffic

COTIF 1999

Appendix А

AppendixB

AppendixC

AppendixD

AppendixE

CIM

RID

CUV

CUI

CIV

Uniform Rules

concerning

the Contract

of International

Carriage

of Passengers

by Rail

Uniform Rules

concerning

the Contract

of International

Carriage

of Goods

by Rail

Regulationconcerning

the InternationalCarriage

of Dangerous Goods

By Rail

Uniform Rules

concerning

Contracts of Use

of Vehicles

in International

Rail Traffic

Uniform Rules

concerning

the Contracts

of Use

of Infrastructure

in International

Rail Traffic

Railway Days, Bucharest, 8 October 2013


Otif developing international regulations for railways

Champ d’application géographique de la COTIF et ses appendices

Geografischer Anwendungsbereich des COTIF und dessen Anhänge

Geographical scope of COTIF and its appendices

Etat au 1er septembre 2013

Stand 1. September 2013

Situation on 1st September 2013

Tous les appendices de la COTIF (33)

Alle Anhänge des COTIF (33)

All COTIF appendices (33)

Sans ATMF (1)

Ohne ATMF (1)

Without ATMF (1)

Sans CUI/APTU/ATMF (6)

Ohne CUI/APTU/ATMF (6)

Without CUI/APTU/ATMF (6)

Sans CUV/CUI/APTU/ATMF (1)

Ohne CUV/CUI/APTU/ATMF (1)

Without CUV/CUI/APTU/ATMF (1)

Sans CIV/RID/CUV/CUI/APTU/ATMF (2)

Ohne CIV/RID/CUV/CUI/APTU/ATMF (2)

Without CIV/RID/CUV/CUI/APTU/ATMF (2)

COTIF 1999 pas encore ratifiée (3)

COTIF 1999 noch nicht ratifiziert (3)

COTIF 1999 not yet ratified (3)

Suspension de la qualité de membre (2)

Ruhen der Mitgliedschaft (2)

Membership suspended (2)

Membresassociés (1)

AssoziierteMitglieder (1)

Associate Members (1)


Content1

Content

  • OTIF introduction

  • Geographical vision

  • Mission

  • New opportunities

  • New tasks

  • OTIF and EU technical regulations compared

  • The convention and UTP development

  • International mutual acceptance of wagons

Railway Days, Bucharest, 8 October 2013


Otif developing international regulations for railways

Geographical vision of OTIF

Developing international regulations for railways

The Organisation

The Convention concerning International Carriage by Rail offers all interested nations and regional organisations for economic integration a “neutral” legal framework.

OTIF has recently received interest from GCC

Common approaches ease co-operation and facilitate operations

The development of a “law interface”

A framework that offers legal and geographical flexibility


Content2

Content

  • OTIF introduction

  • Geographical vision

  • Mission

  • New opportunities

  • New tasks

  • OTIF and EU technical regulations compared

  • The convention and UTP development

  • International mutual acceptance of wagons

Railway Days, Bucharest, 8 October 2013


Otif developing international regulations for railways

  • OTIF Mission 1/3

The Organisation

Legal department: developing private law that helps to define liability regimes and contracts with CIT, UIP, UIC, OSJD and UNECE

Technical department: ensuring technical compatibility for rolling stock with CER, EU, ERA and UIC

RID department: coordinating regulations on the international carriage of dangerous goods EU, OSJD and ADR.

=> a coordination and interfacing role


Otif developing international regulations for railways

  • OTIF Mission 2/3

The Organisation

  • The new OTIF regulations will entail operational consequences: ECM regulations will have to be implemented correctly in order to allow freight trains in cross-border traffic

  • There is a need for common understanding of principles and implementation

  • OTIF will also have to rely on the States themselves to implement the UTP correctly

  • OTIF therefore now has a new role, to exchange, collect and disseminate information on the Member States' activities in the common interest.

    • => The Organisation will have to develop a new monitoring role


Otif developing international regulations for railways

  • OTIF Mission 3/3

The Organisation

a young expert programme underway

  • The aim:

    • Develop new competencies

    • Carry out in-depth studies, both technical and legal

    • Give an opportunity to young experts from non-EU Member States to work on railway law

  • The modalities:

    • Request for candidates from prominent technical/legal university

    • Definition of added value task


  • Content3

    Content

    • OTIF introduction

    • Geographical vision

    • Mission

    • New opportunities

    • New tasks

    • OTIF and EU technical regulations compared

    • The convention and UTP development

    • International mutual acceptance of wagons

    Railway Days, Bucharest, 8 October 2013


    Otif developing international regulations for railways

    • OTIF New opportunities 1/6

    The Organisation

    EU accessionto COTIF

    • The EU’s accession to COTIF in July 2011 is an opportunity to develop uniform railway law

    • EU and OTIF have a complementary approach

      • COTIF CIM and CIV are based on a contractual philosophy

      • EU law is by nature public law

      • With regard to technical regulation, OTIF has a bridging role, in order to ensure interoperability on the largest possible scale

      • => Development of OTIF relies on a consensus based approach


    Otif developing international regulations for railways

    • OTIF New opportunities 2/6

    The Organisation

    Renewedrelationshipwith ERA

    • ERA is developing safety and interoperability concepts and regulations under the control of EU Member States and the Commission

    • Defining priorities:

      • A roadmap for the transposition of the TSI

        • Setting up efficient working relations

        • Upstream involvement of non EU contracting states

        • Cooperation on registers

      • =>Final phase of negotiation of an AA with ERA and the Commission


    Otif developing international regulations for railways

    • OTIF New opportunities 3/6

    UTP roadmap

    The Organisation

    OTIF to assist with legal and technical implementation where requested

    Exchange of vehicles Interoperability


    Otif developing international regulations for railways

    • OTIF New opportunities 4/6

    The Organisation

    Relation with ERA: theprinciples

    • Regular management level meetings

    • Developing rules of procedure for early involvement of OTIF

    • Setting up a process for consultation of non-EU Member States

    • Arrangement in order to coordinate vehicle registers and information

      • => Ensure full compatibility and wider vision


    Otif developing international regulations for railways

    • OTIF New opportunities 5/6

    The Organisation

    Foster railwayindustry

    • Developing application of CIM and compatibility with OSJD rules will contribute to developing freight traffic, in particular by incorporating part of 1520 technical regulations

    • Secure railway investment by giving technical regulations a wider scope

    • Uniform maintenance and approval procedures will facilitate the development of industry

    • Help the development of IT standards

      • => Obtain input from our Contracting States to improve regulations and develop technical standards


    Otif developing international regulations for railways

    • OTIF New opportunities 6/6

    The Organisation

    Adaptlocation of OTIF tonewchalanges

    • Need for more regular contacts - ad-hoc workshops and training sessions - with Member States

    • Reduce overheads for fostering expertise

    • Closer work with ERA and non-EU Member States

    • Attract high profile experts from a large spectrum of Member States and organisations

    • Ease travel and meeting organisation.

      • Define an optimal location

      • Foster efficiency and budget use through well positioned headquarters.


    Content4

    Content

    • OTIF introduction

    • Geographical vision

    • Mission

    • New opportunities

    • New tasks

    • OTIF and EU technical regulations compared

    • The convention and UTP development

    • International mutual acceptance of wagons

    Railway Days, Bucharest, 8 October 2013


    Otif developing international regulations for railways

    • OTIF New tasks 1/4

    The Organisation

    Extension of CUI

    • Scope: contract of use of railway infrastructure for the purposes of international carriage within the meaning of the CIV UR and the CIM UR

    • Contract = basis for relations between infrastructure manager and carrier:

      • liability of the infrastructure manager:

      • for bodily loss or damage (death, injury or any other physical or mental harm),

      • for loss of or damage to property (destruction of, or damage to, movable or immovable property),

      • For pecuniary loss resulting from damages payable by the carrier under the CIV Uniform Rules and the CIM Uniform Rules

    • => The application of CUI will be extended to provide security for railway undertakings and infrastructure managers


    Otif developing international regulations for railways

    • OTIF New tasks2/4

    The Organisation

    Redefinition of therailfacilitation

    • Involvement of OTIF in the UNECE process for unified railway law:

      • There is a need for general transport contracts (GTC)

      • Interoperability issues must be addressed.

  • A business oriented strategy involving our Member States in partnership with EU, CIT and UIC:

    • Identify tests on freight corridors: Asia/Middle East/Euro-Mediterranean area

    • Review deficiencies and opportunity for development.

  • => The rail facilitation process could foster the development of corridors with legal and technical coordination


  • Otif developing international regulations for railways

    • OTIF New tasks3/4

    The Organisation

    Standard contractsfor ECM


    Otif developing international regulations for railways

    • OTIF New tasks4/4

    The Organisation

    Standard contractsfor ECM

    • The ECM regulations require exchanges of information between RU and ECM, even though they may have no contractual relationship

    • The RU remains in charge of safety

    • GCU must be developed to take these matters into account

    • CUV should be able to cope with these questions

      • OTIF is the right place to develop within CUV a common understanding in order to ensure that critical information for safety and operation is available.

      • A new working group was created to modernise CUV with input from EU, CER, UIP, UIC and NSAs


    Content5

    Content

    • OTIF introduction

    • Geographical vision

    • Mission

    • New opportunities

    • New tasks

    • OTIF and EU technical regulations compared

    • The convention and UTP development

    • International mutual acceptance of wagons

    Railway Days, Bucharest, 8 October 2013


    Otif technical regulations compared to eu rail regulations

    OTIF technical regulations compared to EU rail regulations

    Differences in objectives

    Functional and technical requirements

    (equivalent not identical)

    Means of compliance

    (identical)

    Railway Days, Bucharest, 8 October 2013


    Otif developing international regulations for railways

    In a nutshell

    EU  interoperability + opening of supply market + competition between railway operators

    Uninterrupted movement of trains across EU borders

    (operating across borders under uniform rules, without changing train configuration or staff)

    OTIF Promote, improve and facilitate international traffic

    Circulation of rail vehicles in more than one state

    Applies only to international traffic

    (The EU objectives are compatible, but also the exchange of vehicles at border crossing stations fits the definition)

    Railway Days, Bucharest, 8 October 2013


    Content6

    Content

    • OTIF introduction

    • Geographical vision

    • Mission

    • New opportunities

    • New tasks

    • OTIF and EU technical regulations compared

    • The convention and UTP development

    • International mutual acceptance of wagons

    Railway Days, Bucharest, 8 October 2013


    Cotif 19991

    COTIF

    Convention concerning

    International Carriage by Rail

    OTIF Technical Admission

    Admission

    Procedure

    Technical

    Prescriptions

    AppendixG

    AppendixF

    ATMF

    APTU

    Uniform Rules

    concerning

    the Technical

    Admission of

    Railway Material

    used

    in International

    Traffic

    Uniform Rules

    concerning

    the Validation

    of Technical

    Standards and

    Adoption of

    Uniform Technical

    Prescriptions

    applicable to

    Railway Material

    intended

    to be used

    in International

    Traffic

    COTIF 1999

    Appendix А

    AppendixB

    AppendixC

    AppendixD

    AppendixE

    CIM

    RID

    CUV

    CUI

    CIV

    Uniform Rules

    concerning

    the Contract

    of International

    Carriage

    of Passengers

    by Rail

    Uniform Rules

    concerning

    the Contract

    of International

    Carriage

    of Goods

    by Rail

    Regulationconcerning

    the InternationalCarriage

    of Dangerous Goods

    By Rail

    Uniform Rules

    concerning

    Contracts of Use

    of Vehicles

    in International

    Rail Traffic

    Uniform Rules

    concerning

    the Contracts

    of Use

    of Infrastructure

    in International

    Rail Traffic

    Railway Days, Bucharest, 8 October 2013


    Uniform technical prescriptions atmf annexes and registers adopted and in force

    Appendix G

    ATMF

    Appendix F

    APTU

    OTIF

    Registers

    GEN-C

    Technical File

    GEN-B

    Subsystems

    GEN-A

    Essential requirements

    UTP WAG

    Freight Wagons

    (revised)

    UTP NOI

    Rolling Stock - Noise

    Uniform format

    of certificates

    GEN-D

    Assessment Procedures

    (Modules)

    Register of admitted types

    National Vehicle Register (NVR)

    ECM / ECM certification bodies

    Vehicle Keeper Marking (VKM)

    GEN-E

    Assessing Entity –

    Qualifications and Independence

    Annex A

    Certification and Auditing of

    Entities in Charge of Maintenance (ECM)

    GEN-G (revised)

    Common Safety Methods (CSM)

    Risk evaluation and assessment

    Annex B

    Requirements and Procedure

    for Derogations

    Uniform Technical Prescriptions, ATMF Annexes and Registers adopted, and in force.

    Railway Days, Bucharest, 8 October 2013


    Otif developing international regulations for railways

    Thank you very much for your attention!

    Peter Sorger

    + 41 31 359 10 26

    [email protected]

    www.otif.org

    Gryphenhübeliweg30, CH - 3006 Bern

    Railway Days, Bucharest, 8 October 2013


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