TCDD OTIF bilateral meeting - Railway PRO Investment Summit

Report
OTIF
Developing international regulations
for railways
Railway Days
Bucharest, Romania
8 October 2013
OTIF
Content
1.
2.
3.
4.
5.
6.
7.
8.
OTIF
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
2
OTIF
Organisation intergouvernementale pour les transports internationaux ferroviaires
Zwischenstaatliche Organisation für den Internationalen Eisenbahnverkehr
Intergovernmental Organisation for International Carriage by Rail
Межправительственная организация по международным железнодорожным перевозкам
‫المنظمة الحكومية الدولية للنقل الدولي السككي‬
•
•
Inter-Governmental organisation
founded 1 May 1985
–
•
•
•
•
predecessor of OTIF was OCTI (Office Central des transports internationaux par
chemins de fer) since 1893
48 Member States + 1 associate member
– 270,000 km of railway lines
Official languages: English, French and German
Headquarters: Berne, Switzerland
Staff: +/- 20 fte
OTIF
Railway Days, Bucharest, 8 October 2013
3
International Convention concerning
the Carriage of Goods by Rail 1890
OTIF
Railway Days, Bucharest, 8 October 2013
4
The legal interfaces of OTIF
Developing international regulations for railways
The Organosation:
The specific characteristic of OTIF
European
Union:
- Technical rules for
interoperability and safety
-Internal regulation of
transport contracts
- Implementation of liberal
regulations for the rail
market.
OTIF
OTIF:
Regulations on international
rail transport
OSJD:
- Technical rules for
interoperability/dangerous
goods
- Technical rules for
interoperability and safety
-Regulation of transport
contracts
-Administrative regulation
of the rail market.
-Internal regulation of
conditions of transport
- No prerequisite for
regulating the rail market.
Railway Days, Bucharest, 8 October 2013
5
COTIF 1999
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
intended
to be used
in International
Traffic
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
OTIF
Uniform Rules
concerning
the Contract
of International
Carriage
of Goods
by Rail
Railway Days, Bucharest, 8 October 2013
6
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)
Membres associés (1)
Assoziierte Mitglieder (1)
Associate Members (1)
OTIF
Content
1.
2.
3.
4.
5.
6.
7.
8.
OTIF
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
8
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
OTIF
Content
1.
2.
3.
4.
5.
6.
7.
8.
OTIF
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
10
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
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
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
OTIF
Content
1.
2.
3.
4.
5.
6.
7.
8.
OTIF
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
14
OTIF New opportunities 1/6
The Organisation
EU accession
to 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
OTIF New opportunities 2/6
The Organisation
Renewed relationship
with 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
OTIF New opportunities 3/6
UTP roadmap
The Organisation
Level 4:
Infrastructure
Level 3:
Interoperability at
Train level
Level 2:
Passenger
carriages
Level 1: Freight
wagons
Base level:
Application
of APTU and
ATMF
• Compliant
separate
assessment
Exchange of vehicles
OTIF
• UTPs GEN-A to
GEN-G
• UTP WAG, UTP
NOI
• RIV equivalence
•UTP PAS, SRT,
PRM
•Safety management
provisions
•RIC equivalence (?)
• UTP LOC
• UTP OPE
• UTP ENE
• RINF
• Register of types of
vehicles
• Signalling
• Certification of
RU/Driver
• UTP INF
• Infrastructure and
operational
harmonisation on
corridors
OTIF to assist with legal and technical
implementation where requested
Interoperability
OTIF New opportunities 4/6
The
Relation with ERA:
theOrganisation
principles
• 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
OTIF New opportunities 5/6
Organisation
Foster The
railway
industry
• 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
OTIF New opportunities 6/6
Adapt location of OTIF toThe
newOrganisation
chalanges
• 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.
OTIF
Content
1.
2.
3.
4.
5.
6.
7.
8.
OTIF
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
21
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
OTIF New tasks 2/4
Redefinition of theThe
railOrganisation
facilitation
• 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/EuroMediterranean area
• Review deficiencies and opportunity for development.
=> The
rail facilitation process could foster the
development of corridors with legal and technical
coordination
OTIF
OTIF New tasks 3/4
The Organisation
Standard contracts
for ECM
OTIF CS in which ECM and/or
keeper is located
OTIF CS in which the wagon is operated
Technical file
Admission to
operation
Keeper
VKM
Competent
authority
Maintenance
file
RU
ECM
Maintenance
data
OTIF
Operational
data
OTIF New tasks 4/4
The Organisation
Standard contracts
for 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
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
Content
1.
2.
3.
4.
5.
6.
7.
8.
OTIF
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
26
OTIF technical regulations
compared to EU rail regulations
APTU
/ATMF
UTPs
EN Standards, UIC
leaflets, etc.
OTIF
Interop.&
Safety
Directives
Differences in objectives
Functional and technical
requirements
(equivalent not identical)
Means of compliance
(identical)
TSIs
EN Standards, UIC
leaflets, etc.
Railway Days, Bucharest, 8 October 2013
27
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)
OTIF
Railway Days, Bucharest, 8 October 2013
28
Content
1.
2.
3.
4.
5.
6.
7.
8.
OTIF
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
29
COTIF 1999
COTIF
Convention concerning
International Carriage by Rail
OTIF Technical Admission
Technical
Prescriptions
Admission
Procedure
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
intended
to be used
in International
Traffic
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
OTIF
Uniform Rules
concerning
the Contract
of International
Carriage
of Goods
by Rail
Railway Days, Bucharest, 8 October 2013
30
Uniform Technical Prescriptions, ATMF Annexes
and Registers adopted, and in force.
Appendix G
ATMF
Appendix F
APTU
GEN-A
Essential requirements
GEN-B
Subsystems
UTP NOI
Rolling Stock - Noise
Annex A
Certification and Auditing of
Entities in Charge of Maintenance (ECM)
Uniform format
of certificates
Annex B
Requirements and Procedure
for Derogations
UTP WAG
Freight Wagons
(revised)
GEN-C
Technical File
GEN-D
Assessment Procedures
(Modules)
OTIF
Registers
National Vehicle Register (NVR)
GEN-E
Assessing Entity –
Qualifications and Independence
Vehicle Keeper Marking (VKM)
ECM / ECM certification bodies
GEN-G (revised)
Common Safety Methods (CSM)
Risk evaluation and assessment
OTIF
Register of admitted types
Railway Days, Bucharest, 8 October 2013
31
Thank you very much for your attention!
Peter Sorger
+ 41 31 359 10 26
[email protected]
www.otif.org
Gryphenhübeliweg 30, CH - 3006 Bern
OTIF
Railway Days, Bucharest, 8 October 2013
32

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