ORGANISATION INTERGOUVERNEMENTALE POUR LES TRANSPORTS INTERNATIONAUX FERROVIAIRES ZWISCHENSTAATLICHE

ORGANISATION INTERGOUVERNEMENTALE POUR LES TRANSPORTS INTERNATIONAUX FERROVIAIRES ZWISCHENSTAATLICHE ORGANISATION FÜR DEN INTERNATIONALEN EISENBAHNVERKEHR INTERGOVERNMENTAL ORGANISATION FOR INTERNATIONAL CARRIAGE BY RAIL Technical and legal regulations to ensure development of the railways Secretary General of OTIF François Davenne Working party on Rail Transport - November 2014 OTIF

OTIF : a coordination and interfacing role COTIF Convention concerning International Carriage by Rail Appendix А Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G CIV CIM RID CUV CUI APTU ATMF Regulation concerning the International Carriage 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 Uniform Rules concerning the Validation of Technical Standards and Adoption of Uniform Technical Prescriptions applicable to Railway Material Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic Uniform Rules concerning the Contract of International Carriage of Passengers by Rail 2 Uniform Rules concerning the Contract of International Carriage of Goods by Rail OTIF

Comparing EU and OTIF regulations Objectives Improve efficiency and market share of rail. Promote, improve and facilitate international traffic Scope of application Domestic and international traffic in the EU International traffic between OTIF Member States Market model EU Member States are required to open their rail markets to competition OTIF does not have requirements imposing a particular market model Scope of regulation Interoperability and safety Organisation of railways Competition regulation Passengers’ rights Dangerous goods regulation Interchangeable vehicles Uniform contract law: - passengers/freight - use of vehicles - use of infrastructure Dangerous goods regulation 3 OTIF

Develop a working relationship with EU • 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. => OTIF provides a level playing field for transport by rail 4 OTIF

The specific characteristics of OTIF: Connecting Europe, Asia and Africa with unified railway law European Union: OTIF: OSJD: - Technical rules for Regulations on international rail transport - Technical rules for interoperability/dangerous goods -Internal regulation of conditions of transport interoperability and safety -Internal regulation of transport contracts - Implementation of liberal regulations for the rail market. -Regulation of transport contracts interoperability and safety -Administrative regulation of the rail market. - No prerequisite for regulating the rail market. 5 OTIF

UIC 1435 mm and 1520/1524 mm gauge (as at 01. 05. 2014) 1435 mm gauge (UIC Standard gauge) 1520/1524 mm gauge Others or multiple gauge widths Multiple gauge widths including 1435 mm gauge 6 OTIF

Pursue consistent targets to connect Europe, Asia and Africa with unified railway law Contribute to efficient and coordinated legal regime: Make a central contribution to the definition of unified law in the field of freight transport and to the facilitation of international traffic. Resolve issues of legal liability opened up by the recent developments in European legislation Contribute to an efficient uniform technical regulation Improve the compatibility of the RID rules with the technical approach of the TSI as regards issues of interoperability Develop technical regulations for the safe facilitation of interoperability Develop RID regulation to support innovations by industry Promote safety in particular by the analysis of accidents. Broaden the area in which COTIF is applied 7 OTIF

Define interface law for common Railway playground 8 OTIF

APTU and ATMF: Important principles and aims • Develop and adopt harmonised technical requirements for the admission to international traffic of vehicles at state level • Transfers the competence for approving vehicles from the railway companies to governments • Definition of responsibilities for the use of vehicles; in particular for railway undertakings (RU), entities in charge of maintenance (ECM) and keepers • Establish compatibility with EU railway regulations for all of the above 9 International harmonisation Separation of powers Definition of responsibilities Equivalence with EU OTIF

Operational concepts Exchange of vehicles Interoperability Train preparation at point of departure 10 Reconfiguring and preparation of train at border crossing station; other locomotive, other driver, other operational rules. Uninterrupted train movement across border, without changing train configuration or driver OTIF

Develop a working relationship with EU : the October 2013 administrative arrangement with EC and ERA • ERA is developing safety and interoperability concepts under the control of the EU Member States and the Commission. • Definition of common priorities: – a road map for the transposition of the technical specifications for interoperability; – setting up effective working relations; – prior involvement of the States parties that are not EU members; – cooperation on registers. => Involvement of the non Member States of the EU for a uniform technical environment. 11 OTIF

Harmonizing RID and Annex 2 to SMGS • Alignment of Annex 2 to SMGS with the structure of RID 2001 • Quicker incorporation of amended RID provisions into SMGS • Simplification of traffic between COTIF and SMGS Member States • Start of wider harmonisation procedure in November 2012 12 OTIF

Added value for increasing railways competitiveness - Railways level playing field: § § § No market organisation assumptions Legal and technical interface definition Harmonised dangerous good regulation Simple requirements Granting access to EU markets. - Focus on international traffic. - Develop monitoring and dissemination. - Roadmap to interoperability. 13 OTIF

ORGANISATION INTERGOUVERNEMENTALE POUR LES TRANSPORTS INTERNATIONAUX FERROVIAIRES ZWISCHENSTAATLICHE ORGANISATION FÜR DEN INTERNATIONALEN EISENBAHNVERKEHR INTERGOVERNMENTAL ORGANISATION FOR INTERNATIONAL CARRIAGE BY RAIL Thank you for your attention Secretary General of OTIF François Davenne OTIF