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The CIM Committee met under its new leadership and voted on important changes to the CIT product range
The digitalisation megatrend
Work on the digitalisation megatrend in freight traffic is strongly influenced by the digital transformation within the framework of the EU's new TSI on Telematics and the entry into force of the eFTI Regulation on electronic freight transport information (B2A) and the implementation of the EU Commission's Digital Transport and Logistics Forum (DTLF) project. These new implementing regulations establish a new general regulatory framework for B2B data exchange, on which the future technical annexes and all TAF TSI = TSI telematics will be based. The implementing regulation thus alters the regulatory framework of the TSI on Telematics and should lead to an update of the TAF TSI (and TAP TSI) functions in all technical annexes, which have become the "TSI Telematics". In close cooperation with the CER and the Joint Sector Group (JSG) (see also the related article in this CIT NEWS), the CIT General Secretariat is actively involved in the revision of the TAF TSI (and TAP TSI) at the interface to the CIM electronic consignment note.
Work on the implementation of the new EU Customs Code/NCTS 5 in CIT products and the modification of the CIM consignment note and the CIM Consignment Note Manual (GLV-CIM) will be key objective during 2024 and the beginning of 2025. The work on the digital transformation of customs functionalities (B2C) will be undertaken in close collaboration with the CER customs working group.
The liberalisation megatrend
In order to keep developing and adapting the CIT's freight traffic products to meet the market needs of its members, we need to clarify and legally secure the interface between the carrier and the sub-contractor, in particular with regard to substitute carriage. The CIT General Secretariat therefore suggested to the CIM Committee that the contractual relationship with the substitute carrier(s) should be legally regulated and secured differently. These proposals could be implemented in two ways:
- with a "Boilerplate framework contract for subcontracting" based on the format of the boilerplate contract for subcontracting used in combined transport, and/or
- with a standard clause that would be included in all subcontracting contracts, which would allow for the inclusion of a minimum number of uniform and harmonised rules in these sequential contracts.
These new CIT products for subcontracting could supplement the General Terms and Conditions for subcontracting, or at least continue to represent a harmonised contractual basis if the General Terms and Conditions do not apply in casu.
The multimodality megatrend
Specific challenges have been identified in the planning, organisation and provision of the multimodal carriage of waste, especially in the relationship between the rail carrier and the carriers responsible for other modes of transport (terminals, sea and inland waterway ports, etc.). In response to this, the CIT General Secretariat has developed two new products designed to quickly provide CIT members with a legal remedy.
The purpose of the optional checklist for reporting irregularities in the international carriage of goods by rail is to improve the quality and efficiency of these international rail carriages. The checklist also reduces costs by supporting the standardised evaluation and interpretation of irregularities encountered during carriage and enabling multilingual communication in real time between railway undertakings. The checklist also allows for the introduction of standardised procedures at national and international levels for identifying, reporting and rectifying irregularities in the international carriage of dangerous goods (RID) and/or the cross-border carriage of waste.
The Waste Transport Information Sheet contains a description of all the points to be checked when preparing and organising the carriage of waste by rail. This document will help to streamline operations and promote a unified understanding among rail carriers of the carriage of waste by rail.
OTIF's potential revision of the CIM UR
Following the decisions of the CIT Executive Committee on 21 September 2023, the CIT's suggestions were expanded by the CIT General Secretariat in cooperation with Prof. Rainer Freise, consultant on transport law, and submitted to the Secretary General of OTIF on 20 February 2024. The CIT's suggestions on the CIM UR together with their legal justification relate to the following points:
- Article 3b Definitions – modification of the definition of substitute carrier;
- Article 6 § 2 Contract of carriage – separation of the contract of carriage from the consignment note;
- Article 23 § 3a Basis of liability – it is suggested that the practical use of open wagons be further simplified;
- Articles 42, 47 § 2a) No. 2 and 17 § 4 Ascertainment of partial loss or damage – it is suggested that the existing provisions governing the drawing up of the (formal) report be deleted and replaced by a new Article 42 CIM on the notification of loss or damage and extinction of action;
- Article 43 § 1 Claims – the claims procedure should therefore be modified to allow for electronic claims and data transfer.
The short-term aim of the CIT's strategy as decided by the CIM Committee is to explain on 17 April 2024 the CIT's suggestions in detail at the next meeting of the OTIF Ad Hoc Committee on Legal Affairs and International Cooperation in Vienna, so that they can be incorporated into the OTIF 2025-27 work programme for the revision of the CIM UR.
The next meeting of the CIM Committee will be held on the 27th March 2025 at CIT headquarters in Berne.