International passenger traffic is subject to international, regional and national legal regimes, similarly to freight traffic. Since divergent legal regulations can lead to legal uncertainty for passengers and also for the carriers involved, clarification of the rights and obligations which apply to international passenger traffic and a comparison between the applicable legal regimes - COTIF/CIV, Regulation (EC) No 1371/2007 (Rail PRR) and the SMPS is essential. This will provide more transparency and legal certainty for the international passenger rail services.
To this end the CIT launched a project “Legal Interoperability CIV/SMPS” in 2011, with the support of OTIF and in cooperation with OSJD and DG MOVE of the European Commission. Within the framework of this project, the CIT General Secretariat developed an IT-supported application for an interactive map to show the applicable legal regimes and axes in the through international East-West passenger traffic. This interactive map takes into account not only the current international law but also EU law and specifically, the Rail PRR, including all the exceptions granted in the European Union Member States for services with a significant part outside of the EU. It is available to all CIT members, OTIF, European Union and OSJD Member States through the CIT website.
The key principles underlying the COTIF/CIV-PRR – SMPS liability regime are reflected in the first part of the Leaflet on COTIF/CIV-PRR – SMPS Liability Regimes, publicly available on the CIT website .
To see the interactive map, click here .