1 the new railway environment today’s status the gcu (general contract of use for wagons) j.l....

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The new railway environmentToday’s status

The GCU(General Contract of Use for Wagons)

J.L. Dosquet The new railway environment 01.12.2010

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The GCU (General Contract of Use for Wagons)

PRESENTATION The GCU: - its origine ?- Its usefulness?

GCU and transport contract : why two contracts?

PRACTICALLY What should be done if a damage is noticed to a wagon during the transportation ? What should be done if a damage is noticed after arrival or on a private siding ? What should be done if my wagon causes an accident or damages?


1st July 2006: Application OTIF Vilnius Protocoll 1999

- RU CUV general rules+ general contractex GCUor indiv. Contract

- OTIF-non EU:

- RU CUV + CUU- RU ATMF- RU APTU

- EU:

- Directives- TSIs (WAG, TAF,..)- ENs

EU Laws

AfterSingle status for Wagons

Safety&TechnicalRules

Bilateral Relation RU - Keeper

- RIV Technical part mandatory - UIC leaflets mandatory

- RIV Contractual part mandatory

BeforeR-Wagons P-Wagons

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- CIM/RIP mandatory - UIC leaflet 433 mandatory- Contract of Registration

- RIV Technical part mandatory- UIC leaflets mandatory


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UIC, UIP and ERFA work together to develop the General Contract of Use for Freight Wagons „GCU“

• The GCU has entered into force on July 1st 2006

•The Market players have demonstrated with the GCU that they can organize themselves in an open market in areas where cooperation is advantageous.

• The Assocations are playing a key role in this process. They are the „guardian“ of the GCU.

• The EU Commission and ERA attach great value to the GCU as a vector for the flexible and concrete implementation of the new wagon environment


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The GCU provides a multilateral contractual framework for the use of wagons

The General Contract of Use for wagons (GCU)

• is a multilateral contractual framework based on the CUV (Appendix D of the COTIF 99) for the use of wagons in national and international traffic, based on private law.

• contains all relevant mutual rights and obligations of railway undertakings and wagon keepers regarding the use of wagons (except part of annex 9)

• saves the parties of the contract the need of negotiating numerous bilateral agreements thereby ensuring wagon interoperability in a liberalized European rail market

• can be complemented flexibly by other contractual arrangements if necessary

Commercial conditions for the use of wagons are not included


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The Chapters of the GCU cover the whole range of the relationship between RUs and Wagon Keepers

• CHAPTER I : OBJECT, SCOPE OF APPLICATION, TERMINATION, FURTHER DEVELOPMENT OF THE CONTRACT, DISCONTINUANCE OF BEING A SIGNATORY

• CHAPTER II : OBLIGATIONS AND RIGHTS OF THE WAGON KEEPER

• CHAPTER III : OBLIGATIONS AND RIGHTS OF THE RUs

• CHAPTER IV : ASCERTAINMENT AND HANDLING OF DAMAGE TO WAGONS IN THE CUSTODY OF AN RU

• CHAPTER V : LIABILITY IN THE EVENT OF LOSS OR OF DAMAGE TO A WAGON

• CHAPTER VI : LIABILITY IN THE EVENT OF DAMAGE CAUSED BY A WAGON

• CHAPTER VII : LIABILITY FOR STAFF AND OTHER PERSONS

• CHAPTER VIII : OTHER PROVISIONS

Download from website www.gcubureau.org


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The 12 technical appendices of the GCU help the day-to-day operational dealings

• Appendix 1: List of signatory keepers and RUs. • Appendix 2 : Definitions

• Appendix 3 : Wagon note.

• Appendix 4 : Wagon damage report • Appendix 5 : Method for calculating the residual value of a wagon

• Appendix 6 : Compensation for loss of use

• Appendix 7 : Spare parts

• Appendix 8 : Internal Regulation for the Application and Further Development of the GCU • Appendix 9 : Conditions for the technical inspections for wagon handover • Appendix 10 : Corrective and preventive maintenance • Appendix 11 : Inscriptions and signs on wagons • Appendix 12 : Catalogue of damage to wagons


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On April 1st 2010, the GCU counted 643 signatories, bringing in more than 700.000 wagons (@ 90% of the freight wagons)

in Europe)

436

568 586626 643

0

100

200

300

400

500

600

700

Nu

mb

er

1/7/2006 1/7/2007 1/7/2008 1/7/2009 1/4/2010

On April 1st 2010, 708.381 wagons declared to the GCU, of which @ 2/3 kept by RUs


IQ

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The 27 States in which the GCU is implemented


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CASE Nr 1

WHAT SHOULD BE DONE IF A DAMAGE IS NOTICED TO A WAGON DURING THE TRANSPORTATION ?

The respective roles of the Using RU, the Keeper and/or his entitled party

Wagon damage report (art. 18.1 of the GCU) Putting the wagon back to running order (Article 19.1 of the GCU)

Making the wagon fit for use again (Article 19.3 of the GCU)

The threshold of 750 € (List of repairs under study)


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CASE Nr 1 (ctd)

WHAT SHOULD BE DONE IF A DAMAGE IS NOTICED TO A WAGON DURING THE TRANSPORTATION ?


The proof of liability for the damage (Articles 22 and 24 of the GCU)

The threshold of 750 € (List of repairs under study)

Wagon under custody of an RU (Article 1.4 of the GCU) (When does the custody of the wagon begin and when is it finished ?)

Obligation to mitigate losses (Article 25 of the GCU)


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CASE Nr 2

WHAT SHOULD BE DONE IF A DAMAGE IS NOTICED TO A WAGON AFTER ARRIVAL OR AT A PRIVATE SIDING ?


Reservations made by the consignee → Case Nr 1

No reservation made by the consignee

→ The wagon is no longer under custody of the RU (art. 1.4 of the GCU)

→ Reversal the onus of proof (art 24.2 of the GCU)

→ Repair negotiated by the keeper with a service provider


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CASE Nr 3

WHAT SHOULD BE DONE IF MY WAGON CAUSES AN ACCIDENT OR DAMAGES ?


PRACTICAL CONSEQUENCES

Principle of liability : responsabillity of the the keeper when hat fault

But a fault of the keeper should be brought –by the RU - to activate this responsibility.

The RU must inform the keeper that his wagon in involved

Less significant damages (threshold of 17.000 €) (Article 27.4 of the GCU)


For further information you may contact:

Thank you for your attention

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The UIP:Avenue Herrmann Debroux 15AB – 1160 BruxellesTel: +32 2 672 88 47Fax: +32 2 672 81 14Email: [email protected]


1 the new railway environment today’s status the gcu (general contract of use for wagons) j.l....

Documents

gcu general contract

freight wagons gcu

new wagon environment

wagonspresentationthe

wagons pwagons

wagon interoperability

wagon keeperschapter

wagon dama