Law of Ukraine
"On Ratification of the Rules for Transport of Cargo in International Direct Cargo Railway Ferry Service between Ports of Ukraine and Ports of the Republic of Turkey with Railroad Links, between the Cabinet of Ministers of Ukraine and the Government of the Republic of Turkey"
Date of entry into force:
November 9, 2013
The Rules for Transport of Cargo in International Direct Cargo Railway Ferry Service between Ports of Ukraine and Ports of the Republic of Turkey with Railroad Links, between the Cabinet of Ministers of Ukraine and the Government of the Republic of Turkey (hereinafter referred to as "Rules") were signed on September 13, 2012 in Kyiv.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Rules are subject to ratification.
The Law ratifies the Rules.
The Rules establish the procedure and terms of transporting export, import and transit cargo carried on railway cars along the entire route in international direct cargo railway ferry service between ports of Ukraine and ports of Turkey with railroad links, regulate the obligations and mutual relations between the railroads of Ukraine and Turkey, ferry terminals, shop owners, shippers and receivers of cargos in international direct cargo railway ferry service through ports of Ukraine and of the Republic of Turkey with railroad links, and establish the principles of payment for cargo transport (Article 1 of the Rules).
Article 2 of the Rules provides definitions of terms and acronyms used in the Rules.
According to Article 3 of the Rules, the Competent Authorities inform railways about ship owners, both from the Ukrainian and the Turkish side, which carry out railway ferry transport between ports of Ukraine and of Turkey with railroad links, specifying the necessary mailing and bank details, and inform which ports can transfer cargo or move railway cars from chasses for 1520 mm tracks to chasses for 1435 mm tracks. Transportation on the maritime portion of the route in international direct cargo railway ferry service is carried out by Ukrainian and Turkish ship owners. Transportation of cargo in international direct cargo railway ferry service between ports of Ukraine and of the Republic of Turkey with railroad links is carried out according to international agreements that the Parties are party to (COTIF, SMGS, etc.) and their national legislation. Transportation agreements are concluded between carriers of the country of dispatch and the shippers. While concluding agreements with shippers, receivers, and expeditors, carriers can provide for other provisions, different from the ones provided above, as long as they are not in conflict with provisions of the above normative acts. Transfer of cargo from cars for 1520 mm tracks to cars for 1435 mm tracks, or to other forms of transport, or transfer of railway cars to chasses for 1520 mm tracks to chasses for 1435 mm tracks, is carried out in ports and in ferry terminals specified in Annex 1, approved by the Competent Authorities by the Parties, under supervision of railway departments responsible for the safety of the cars and cargo. Transfer of cargo is carried out according to local time. Empty cargo cars and containers that were carried on a ferry service in a loaded state shall be returned on the same ferry service.
Presentation of cargos for transport is regulated by Article 4 of the Rules.
According to Article 5 of the Rules, the following is not accepted for international direct cargo railway ferry service between ports of Ukraine and of Turkey with railroad link:
- cargo forbidden for transportation in at least one of the countries along its transportation route;
- cargo subject to monopoly of the portal authority in at least one of the countries along its transportation route;
- small shipments;
- transportation of dead bodies;
- cargos where the volume, weight and/or loading and unloading methods do not correspond to the transportation requirements in at least one of the transport countries;
- cargos that cannot be loaded or unloaded due to lack of the necessary technical facilities along the entire transportation route;
- dangerous cargos forbidden for transportation or not provided for by Annex 2 to SMGS, RID and/or IMGD Code.
Cargos accepted for transportation subject to special conditions are determined in Article 6 of the Rules.
An agreement for cargo transportation in cars and containers in international direct cargo railway ferry service is formalized with a SMGS waybill (CIM/SMGS) according to Article 7 of the SMGS and a CIM waybill according to Section II of the CIM, or a CIM/SMGS waybill according to the Instruction on CIM/SMGS Waybills. The cargo transportation agreement for the railway section of the route is considered concluded from the moment the cargo is accepted for transport, and the dispatch station date stamps the waybill according to the national legislation of the state in which the cargo is presented for transport. The shipper is responsible for the accuracy of information and declarations made in the waybill, for any consequences from such information or declarations being incorrect, inaccurate or incomplete, or entered into the wrong section of the waybill. The shipper is responsible for completeness and accuracy of documents enclosed with the waybill (Article 7 of the Rules).
Execution of the waybill is regulated by Article 8 of the Rules.
Acceptance and shipping of cargos is carried out according to internal regulations effective on the railways of the dispatch country (Article 9 of the Rules).
Article 10 of the Rules envisages that organization of work and cooperation between companies of the Parties, namely, railways, ports, ferry terminals, and ship owners, concerning operations related to transfer of cars, containers and cargos, and payment for the use of cargo cars and containers, are regulated by agreements concluded between railways, ports, ferry terminals, and ship owners. Return/receipt of loaded and empty cars and containers, in technical and commercial terms, is carried out at transfer stations or in ferry terminals (in ports) adjacent to the transfer station or located in the port, based on the agreements concluded between the companies of the Parties (in the scope of intermodal or non-intermodal carriage).
Opening of loaded cars or containers, with removal of seals or locking seal devices, for inspection on demand of the controlling authority representative, and recording of the fact of opening, are carried out according to the legislation of the state on whose territory the car or container is opened (Article 11 of the Rules).
The procedure for amendment of the transportation agreement is established by Article 12 of the Rules.
According to Article 14 of the Rules, release of cargos at the destination stations is carried out according to the norms of the national and international transport law of the state on whose territory the cargos are released. After cargos are unloaded using the receiver's equipment, the cars shall be returned to the carrier, entirely free from any cargo remains and security fixtures, except for the standard fixtures of the vehicle. Cars not cleared from remains of previous cargo or security fixtures are not accepted. Empty cars and containers must be washed and disinfected by the cargo receiver, if necessary.
Section IV of the Rules is dedicated to liability.