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Recent legal developments in international passenger traffic

Recent legal developments in international passenger traffic. Railway PRO Investment Summit Bucharest, 11-13 October 2016 Carmen Filipescu Chairwoman of the CIV Committee - CIT, International Affairs Director - Regiotrans. Overview. International legal environment for rail passenger traffic

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Recent legal developments in international passenger traffic

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  1. Recent legal developments in international passenger traffic Railway PRO Investment Summit Bucharest, 11-13 October 2016 Carmen Filipescu Chairwoman of the CIV Committee - CIT, International Affairs Director - Regiotrans

  2. Overview • International legal environment for rail passenger traffic • Implementation of the EU Rail Passenger Rights Regulation (PRR) • Updates on EU lawwith potential effect on the railway sector • Implementation of legal requirements through CIT Products • Legal Interoperability CIV/SMPS: Challenges and opportunities for railways 2

  3. Complex legal environment for international passenger traffic Situation on 1 August 2016 Etat au 1er août 2016 Stand 1. August 2016 CIV CIV + PRR + SMPS CIV + PRR CIV + SMPS SMPS Suspension de la qualité de membre Ruhen der Mitgliedschaft Membership suspended

  4. Current scope of application of CIV Situation 14 April 2016 CIV CIV on specific lines only = EU Member State Suspended XX Maritime lines in the CIV list of lines: ES/MA ES/ES FR/GB BE/GB NL/GB GB/IE GB/GB DK/GB-NO-SE-DE SE/DE DE/DE CH/FR-DE-AT-IT TR/TR IT/IT 1 2 3 4 5 6 7 8 9 10 11 12 13

  5. Recent developments in implementation of the Passengers Rights Regulation (PRR)

  6. Updates on EU law with potential effect on the railway sector

  7. Implementation of legal rules throughout CIT Products

  8. CIT Products in 2016: Passenger traffic NEW! O NEW! O OPT IN OPT OUT

  9. Legal Interoperability: Challenges and Opportunities for Railways SMGS / SMPS COTIF EU law Legal interoperability! Corridor law Nat. law

  10. Setting the Scene: Legal conditions for international East-West passenger carriage by rail SCC SCIC NRT, IRT SCIC EWT GCC-CIV/PRR Bilateral Agreements between RUs National Law National Law PRR Bilateral interstate agreements SMPS, Service Instructions to SMPS COTIF/CIV

  11. Leaflet on COTIF/CIV-PRR – SMPS Liability Regimes(as of 1 October 2014)

  12. CIT Support Tools (I): Leaflet on COTIF/CIV-PRR – SMPS liability regimes (DE/FR/EN/RU/CN) Part I: General Part A Map Showing relevant legal regimes in East-West Passenger Traffic B Map showing direct international routes in East-West Passenger Traffic C EU map showing exceptions to the application of the PRR for international transport services where significant part of the service is outside the EU D Principles underlying the COTIF/CIV- PRR – SMPS liability regimes Part II: Comparative Table on the COTIF/CIV-PRR – SMPS liability regimes 12

  13. Main findings from the comparative table on the COTIF/CIV-PRR – SMPS liability regimes • Currently many commonalities but also some differences for historical and structural reasons; • Contractual solutions may and do allocate the existing differences to a considerable extent; • Current development of the SMPS legal framework takes into consideration the CIV and PRR legal regimes; • The CIT Leaflet on COTIF/CIV-PRR – SMPS liability regimes enables a better understanding of the state of art for better contractual solutions and possible future approximation of legal provisions.

  14. Interactive map on the applicable legal regimes in international passenger traffic Launched on the CIT website on 1 December 2014 Updated in July 2015

  15. Thank you for your attention! Carmen Filipescu E-mail: carmenfilipescu2013(at)gmail.com

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