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The new railway environment Today’s status The GCU (General Contract of Use for Wagons)

The new railway environment Today’s status The GCU (General Contract of Use for Wagons). J.L. Dosquet The new railway environment 01.12.2010. The GCU (General Contract of Use for Wagons). PRESENTATION The GCU: its origine ? Its usefulness?

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The new railway environment Today’s status The GCU (General Contract of Use for Wagons)

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  1. The new railway environment Today’s status The GCU (General Contract of Use for Wagons) J.L. Dosquet The new railway environment 01.12.2010

  2. 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? J.L. Dosquet The new railway environment 01.12.2010

  3. 1st July 2006: Application OTIF Vilnius Protocoll 1999 • EU: • - Directives • - TSIs(WAG, TAF,..) • - ENs • RU CUV • general rules • + general contract • ex GCU • or indiv. Contract • OTIF-non EU: • - RU CUV + CUU • - RU ATMF • - RU APTU After Single status for Wagons Before R-Wagons P-Wagons - CIM/RIP mandatory - UIC leaflet 433 mandatory - Contract of Registration - RIV Contractual part mandatory Bilateral Relation RU - Keeper - RIV Technical part mandatory - UIC leaflets mandatory - RIV Technical part mandatory - UIC leaflets mandatory Safety & Technical Rules EU Laws 3 J.L. Dosquet The new railway environment 01.12.2010

  4. 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 J.L. Dosquet The new railway environment 01.12.2010

  5. 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 conditionsfor the use of wagons arenot included J.L. Dosquet The new railway environment 01.12.2010

  6. 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 J.L. Dosquet The new railway environment 01.12.2010

  7. 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 J.L. Dosquet The new railway environment 01.12.2010

  8. On April 1st 2010, the GCU counted 643 signatories, bringing in more than 700.000 wagons (@ 90% of the freight wagons) in Europe) On April 1st 2010, 708.381 wagons declared to the GCU, of which @ 2/3 kept by RUs J.L. Dosquet The new railway environment 01.12.2010

  9. The 27 States in which the GCU is implemented IS FI SE NO EE RU LV DK LT BY IE GB PL NL DE BE CZ UA LU KZ SK AT FL MD HU MN CH FR SI RO HR IT BA RS MC BG ME UZ GE MK KG AL AM AZ PT TM GR CN TR TJ IQ SY AF TN LB IR MA IL DZ PK JO EG SA LY IN 9 J.L. Dosquet The new railway environment 01.12.2010

  10. 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) J.L. Dosquet The new railway environment 01.12.2010

  11. CASE Nr 1 (ctd) 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 • 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) J.L. Dosquet The new railway environment 01.12.2010

  12. CASE Nr 2 WHAT SHOULD BE DONE IF A DAMAGE IS NOTICED TO A WAGON AFTER ARRIVAL OR AT A PRIVATE SIDING ? The respective roles of the Using RU, the Keeper and/or his entitled party • 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 J.L. Dosquet The new railway environment 01.12.2010

  13. CASE Nr 3 WHAT SHOULD BE DONE IF MY WAGON CAUSES AN ACCIDENT OR DAMAGES ? The respective roles of the Using RU, the Keeper and/or his entitled party 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) J.L. Dosquet The new railway environment 01.12.2010

  14. For further information you may contact: Thank you for your attention The UIP: Avenue Herrmann Debroux 15A B – 1160 Bruxelles Tel: +32 2 672 88 47 Fax: +32 2 672 81 14 Email: info@uiprail.org J.L. Dosquet The new railway environment 01.12.2010

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