CELEX: 51979PC0538
Language: en
Date: 1979-10-11
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING COMMON ACTION BY THE MEMBER STATES FOR THE NEGOCIATION OF A CONVENTION ON INTERNATIONAL MULTI-MODAL TRANSPORT (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 538
Vol. 1979/0186
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM ( 79 ) 538 final
                                                   Brussels , 11th October 1979
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                                   PROPOSAL FOR A COUNCIL DECISION
                     CONCERNING COMMON ACTION BY THE MEMBER STATES
                                FOR THE NEGOCIATION OF A CONVENTION
                           ON INTERNATIONAL MULTI-MODAL TRANSPORT
                      ( presented by the Commission to the Council )
 COM ( 79 ) 538 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
HISTORY
1.   Within the framework of U.N.C.T.A.D. the intergovernmental preparatory
     group ( i.P.G. ) was asked to draw up a preliminary draft convention
     on international multimodal transport . This Group has held six
     meetings following which it presented a draft text to the UNCTAD
     Council . During its 10th extraordinary session (March 1979 ) this
     latter decided to convene a United Nations conference at the
     beginning of November 1979 in order to negotiate this Convention
     as well as to re-open this conference if it were felt necessary .
     This work is the extension of other studies and work devoted to this
     problem and undertaken by various international organisations ,
     UNIDROIT and IMC and finally the ECE at Geneva jointly with I.M.C.O.
     In June 1971 "the Commission of the European Communities sent the
     Council a first proposed decision referring to the implementation
     of Community action under Article 116 of the Treaty             This
     proposal has not been followed up because         the work ceased
     within the ECE framework and was taken up by UNCTAD .
2.   As far as the Customs aspects which will be examined within the
      framework of this Convention are concerned the Commission has , by
      letter of 2 August 1979 » already sent the Council a recommendation
      for a Council decision           authorising the Commission to take
      part in the Geneva negotiations in the name of the EEC .
                                                                          • /• • •
       ( l ) Doe . COM ( 71 ) 635 Final of 23 Juno 1971
       ( 2) Letter No . 8589/79 Trans 96 CID 31
             Coc . COM(79 ) 389 Final of 19,7.1979
 ---pagebreak--- SPECIAL INTEREST FOR THE COSiGN MARKET
3.   Mult i –modal transport is becoming more and more important
     "because of cent aineri sat ion 5 "door-to-door" transport of goods from
     the place of production or manufacture to their final destination
     and use has "been considerably developed . Sea transport , which is
     the most important of international Iin>s , is often preceded or
     folloitfed "by other transport modes ( rail , road , inland waterway
     or even air) for the transport of the same goods . Thus there is
     an obvious commercial interest that the same contract       can cover
     the various successive phases of transport , being delivered by
     one person , th9 multi-modal t ran sport, entrepreneur (MTE ). It is
     to this person , if there are disputes , that the shipper or the
     consignee must go , and not to each of the successive transporters .
4«   The limited provisions within the framework of the Community would
     not provide a satisfactory solution to the problem in question which
     is a world-wide one . The C onimvin.it y interest should therefore be
     considered in relation to world regulations being drawn up .
     The convention which aims at uniform regulation of the essential
     aspects of the international multi-modal transport of goods is
     of evid.ent interest to world trade and will ensure better user protection
     and will , to some extent , avoid distortions in the conditions of
      competition between transport modes .
 ---pagebreak--- EXTENT OF COITION ACTION
5.    The preliminary draft convention drawn up by the I.P.G. should
      essentially govern the multimodal transport contract , i.e. the
     transport of goods "by at least two different transport modes ,
      from a , place situated in a country where the goods are accepted
     "by the multi-modal transport entrepreneur      to a designated plaoe
      of delivery in a different country . In this connection the
      Convention contains provisions concerning the multi-modal
     transport document , especially its contents and its contractual
     nature , the responsibility of the multi-modal transport entre­
     preneur , the responsibility of the shipper , the rights and actions
      of the parties .
     The developing countries would also wish to include some public
     law provisions by introducing concertation procedures , as for
      sea transport , as well as Customs provisions in order to be
     able to control the activities of multi-modal transport entre­
     preneurs .
     As far as the Customs aspects are concerned the Council already
     has before it a recommendation for a decision based on Article 113
      of the Treaty^^.
6.    As far as the transport aspects are concerned the Commission notes
      that cases of co-existence between the provisions of this future
      convention , in their present state and Community legislation , are
     non-existent and therefore raise no problems of incompatibility .
      The Commission does not at present envisage proposing measures
      regulating transport contracts .
                                                                         © /• •
       ( 1 ) Doe . COM ( 79 ) 389 Final of 19.7.1979
 ---pagebreak---                                   - 4 -
   There is -therefore , at present , no need to .require the adhesion of the
   Community to the naw convention for the transport aspects .
   It is clear that    if the negotiations would make
   it appear that some of the provisions of the Convention could affect
   present Community provisions it would be necessary to draw the
   necessary consequences for the application of Community law .
7• Similar^ to the case of CIM/CIV ( Convention concerning international rail transport
   for which the Council has adopted a decision concerning common action
   voider Article 116 , the Commission proposes that the Member States
   pursue their work at Geneva within the framework of common action ,
   under Article 116 , following the directives' set out in the annex
   to the draft decision .
   This common action of the Member States should have as an objective
   the conclusion of a convention satisfying the needs of the interests
   of world trade , while taking account at the same time of Community
   interests .
   Prom this point of view the Member States should take up common
   positions on the main provisions of the convention , if possible in
   collaboration with the other industrialised countries in Group B.
   In the present state of the negotiations it is not possible now
   to draw up a definitive common position on the main provisions of the
   convention but the principles enumerated in the attached directives to the
    proposed decision should , in any case , be defended by the Member States
   within the framework of common action .
8. Implementation of common action
   The principles enunciated in the attached directives to the       proposed
    should be followed     in the provisions to be inserted in the convention . For
   this the representatives of the Member States and of the Commission will
    consult each other in Geneva as need b° as the negotiations develop in the
    working groups of the diplomatic conference .
                                                                            9I+ 0 O
 ---pagebreak---                                  5
9. CONCLUSIONS
   The Commission proposes that the Council adopt the attached proposed decision
   concerning common action "by the Member States for the Geneva negotiations
   for a convention on international multi-modal transport .
 ---pagebreak---                            PROPOSAL FOR A
                          COUNCIL DECISION
                     CONCERNING COMMON ACTION
                   BY THE MEMBER STATE 3 FOR THE
                  NEGOCIATION OF A CONVENTION ON
                INTERNATIONAL MULTIMODAL TRANSPORT
THE COUNCIL OF THE EUROPEAN COMMUNITIES
HAVING REGARD TO the Treaty establishing the European Economic Community ,
and. in particular Article 116 thereof j
HAVING REGARD TO the proposal from the Commission 5
WHEREAS , within the framework of the United Nations Conference on
Trade and Development , a diplomatic conference will "be convened at
the beginning of November 1979 for the purpose of drawing up a
convention on international multi-modal transport ;
WHEREAS the purpose of such a convent- ion will be in particular to esta'bli
rules as regards liability arising from contracts for the international
multi-modal transport of goods j
WHEREAS the application of such uniform rales is of particular interest
for the common market and necessitates common action by the Member States
within the framework of the international organisations concerned }
whereas , within the framework of this common action , the Member States
should ensure that the development of Community law in this sector is not
prejudiced ;
WHEREAS the representatives of the Member States to such organisations
and the representatives of the Commission should consult each other
during the negotiations on matters arising in connection with the common
action   :
HAS IE C USD AS FOLLOWS i
 ---pagebreak---                            SOLE ARTICLE
As regards transport , the Member States shall , within the framework of
the diplomatic conference convened "by the United Nations Conference
for Trade and Development at Geneva for the purpose of concluding
a convention on international multi-modal transport , carry out the
work "by means of common action on the basis of the annexed directives .
The representatives of the Member States and- of the Commission shall
consult each other during such common action .
                                        Done at Brussels ,
                                        For the Council
                                        The President
 ---pagebreak---                                                      ANNEX
                   DIRECTIVES
The agreement reached in 1977 (l ) between the regional groups
shall    remain the framework for the future convention and
                                           i -                   '
constitute a priori the limit of the possible concessions on .
the part of the Member States of the European - Communities .
As far as the provisions of the Convention are concerned the
Member States of the European Communities will ask that the
following principles be inserted in this convention :
a) optional application of the convention whilie respecting
     the principle of contractual freedom ;
b ) largest possible territorial application of the convention ;
     exclusions or exemptions, should only be envisaged if they are :
     necessary in the interest of users for the needs of trade or
     for avoiding conflicts with other unimodal conventions such
     as CIV/CIM and CMR ;
                                ν .
c ) application of the convention to all transport modes with the
 -   exception of the modes used for the initial and terminal
     sectors where these are of little importance in relation to
     the total journey ; -
d ) if possible determination of a uniform regime of liability
     and limiis on the liability    of the multi-modal transport
     entrepreneur ; the network liability        regime will be
     applied when damage or loss can be localised .                .
e ) insertion of a clause safeguarding the development of Community
     law in the sector covered by the future        convention .
( l ) Agreement between all the groups on the scope '      of the draft
      convention reached during the second part of the third session
      of the T.P.G. ( of 10-28/1/77) Doc . Annex 1' to Doc TD/B/6^0 and
      TD/B/AC 15/23 .                             *