TRADE FACILITATION FOR REGIONAL CONNECTIVITY “TURKEY … · trade facilitation for regional...
Transcript of TRADE FACILITATION FOR REGIONAL CONNECTIVITY “TURKEY … · trade facilitation for regional...
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