Hacer UYARLARGeneral Secretary of UTIKAD

Member of FIATA Working Group - Rail Transport

TRADE FACILITATION FOR REGIONAL CONNECTIVITY

“TURKEY AND CENTRAL ASIA”

TRADE FACILITATION FOR REGIONAL CONNECTIVITY

“TURKEY AND CENTRAL ASIA”

TURKEY’S TRADE BY CENTRAL ASIAN COUNTRIES 2011

IMPORTS (VALUE 000$)

Kazakhstan 1,995,115

Uzbekistan 939,882

Turkmenistan 392,712

Tajikistan 324,283

Kyrgyzstan 52,123

Afghanistan 4,795

EXPORTS (VALUE 000$)

Kazakhstan 947,896

Uzbekistan 354,513

Turkmenistan 1,493,446

Tajikistan 172,575

Kyrgyzstan 180,364

Afghanistan 275,969

WE NEED FACILITATION OF TRANSIT TRANSPORT & BORDER CROSSING

Accelerate Freight Load Flow

Increase Regional Trade

Strengthen Region’s Trade Competitiveness

REGULATIONS TO FACILITATE TRADE

CMR Convention

CIM/SMGS Consignment Note

Transit Transport Framework Agrements

CMR CONVENTION

“One Legal Regime for Road”

COMMON CIM/SMGS CONSIGNMENT NOTE

Extending the scope of the CIM/SMGSconsignment note:

On the land bridge between Europeand Asia/China

In transit through Mongolia On the TransSib In the Central Asia and on the Silk

railroad to the ports Ferry connections on the Black Sea

between the different ports andhinterland connections

COMMON CIM/SMGS CONSIGNMENT NOTERail Transport Interoperability through TRACECA Countries

COMMON CIM/SMGS CONSIGNMENT NOTE

“Sum” of the CIM- and SMGSconsignment notes

Based on the United Nations LayoutKey for Trade Documents

Recognition as:- Customs document- Letter of credit

ELECTRONIC CONSIGNMENT NOTE CIM/SMGS Legal basis for the electronic exchange of consignment note data:

- Article 6 § 9 CIM: based on functional equivalence- Article 7 § 14 SMGS: based on an agreement between the carrierand the customer

Electronic consignment note CIM/SMGS:

Functional specifications Legal specifications Technical specifications

Practical Implementation – the participating railways (support Raildata / OSJD / CIT)

BLACK SEA LINES UNDER COTIF/CIM REGIME

FURTHER OBJECTIVES OF THE COMMON CIT/OSJD PROJECT

“Transport Interoperability CIM/SMGS”

Objectives for the next months: extend the application of the common consignment note CIM/SMGS in practice

Especially for the transcontinental transportation between Europe and China in transit through Kazakhstan on the Great Silk Rail Road

Using for the Container train between Turkey and Central Asia(Haydarpaşa – Almaty / Kazakhstan)

Using for the intermodal transportation on the Black Sea Connectionsbetween Ukraine, Russian Federation and Turkey

Legal base: SMGS? COTIF/CIM – rail+ agreement

Article 1 § 4 CIM Uniform Rules: „When international carriage being the subject of a single contract of carriage includes carriage by sea (…) as a supplement to carriage by rail, these Uniform Rules shall apply if the carriage by sea (…) is performed on services included in the list of services provided for in Article 24 § 1 of the Convention.”Article 24 § 1 COTIF: „The maritime (…) services referred in Article 1 of the (…) CIM Uniform Rules, on which carriage is performed in addition to carriage by rail subject to a single contract of carriage, shall be included in two lists:(…)

b) The CIM list of maritime (…) services. Procedure:

Article 24 § 3 COTIF:- COTIF member states shall notify the maritime lines- Agreement of two member states are necessary- OTIF Lists of the maritime lines

BLACK SEA MULTIMODAL LINKS WITH THE COMMON CONSIGNMENT NOTE CIM/SMGS ...

Article 38 § 1 CIM – additional exemptions from the general liability inArticle 23 CIM for the rail-sea traffic: Fire; Saving or attempting to save life or property at sea; Loading the goods on the deck; Perils, dangers and accidents of the sea or other navigable waters

Notification from the member states together with the maritime lines Article 23 § 2 CIM – basic rules for the relive of the liability in Article 23 § 1

Fault of the person entitled Inherent defect of the goods Circumstances which the carrier could not avoid and the consequences of which he

was unable to prevent (force magiore but not in the sense of the nautical fault of the Haag-Visby)

Article 30 § 2 CIM – compensation for loss shall not exceed 17 SDR (about 25 € per kg)

... AND APPLICABLE LIABILITY RULES FOR THE RAIL-SEA TRAFFIC

Rotterdam Rules: broader scope of application maritime+- shift from tackle-to-tackle- to door-to-door (multimodal transportation)- more options for different jurisdictions (ports of loading/discharge)

CMR - Article 2 mode-on-mode concept- additional carriage to the road transport by other mode of transport-- during the sea or rail part of the carriage the goods stay on the road vehicle

SMGS – just on railway lines between railway stations! COTIF/CIM - Article 1 § 3, Article 1 § 4 rail+ concept Solutions:

- Art. 82 (b) and (c) RR – exclusion ex lege- Art. 26 RR – network liability- Public international law principles – lex specialis; lex generalis; lex posterior

POSSIBLE APPLICATION OF THE ROTTERDAM RULES VIS-À-VIS CMR, SMGS AND COTIF/CIM

36,226 CIM/SMGS consignment notes were used to destinations in the RussianFederation

12,550 from the Czech Republic, 10,000 from Slovakia, some 6,000 from Franceand 3,000 from both Germany and Hungary

In the opposite direction, from the Russian Federation, some 35,000 CIM/SMGSconsignment notes were used

Chinese Railways (CR) will implement the CIM/SMGS consignment note on the main border stations to Russia, Mongolia and Kazakhstan.

DB Schenker Rail is to start a pilot train from China across Kazakhstan to Germany. During the second half of this year, MAV will organise another pilot train from China

across Kazakhstan and Hungary to Europe

CIM/SMGS CONSIGNMENT NOTES WERE USED AS IN 2009, 2010

TRANSIT TRANSPORT FRAMEWORK AGREEMENTS

“Economic Cooperation Organization”

Facilitate movement of goods, luggage & passengers

Ensure safety of goods, luggage & passengers

Eliminate incidence of customs fraud & tax evasion

ECOLPAF Member Countries:

Afghanistan Azerbaijan Iran Kazakhstan Kyrgyz Pakistan Uzbekistan Tajikistan Turkey Turkmenistan

“ECO Logistics Providers Associations Federation”

ECOLPAF

Thank you!

Hacer UYARLARGeneral Secretary of UTIKAD

Member of FIATA Working Group - Rail Transport