General

 

A Preparatory Commission for the establishment of an International Registry under the Luxembourg Protocol was set up by Resolution No. 1 of the Luxembourg diplomatic Conference on 23 February 2007. The Rail Preparatory Commission is currently co-chaired by Peter Bloch (USA) and Mervi Kaikkonen (Finland).

 

 

Latest Sessions of the Preparatory Commission

 

 

6th Session of the Preparatory Commission

 

The Sixth Session of the Preparatory Commission, convened jointly by UNIDROIT and the Intergovernmental Organisation for International Carriage by Rail (OTIF), with the participation of members with voting rights only, took place via the email confirmation procedure under Rule 16 of the Rules of Procedure of the Preparatory Commission, to approve the draft contracts, their annexed schedules and related documents (software security agreement; deed of business continuity), for the establishment and operation of the International Registry for railway rolling stock. The Sixth Session of the Preparatory Commission was concluded on 31 October 2014 with the approval of the above-mentioned contractual documents.

>>> Report of the session

 

 

7th Session of the Preparatory Commission

 

The Seventh Session of the Rail Preparatory Commission was held in Rome at the seat of UNIDROIT on 11 December 2014. The meeting, convened jointly by UNIDROIT and OTIF and co-chaired by Peter Bloch (USA) and Tuire Simonen (Finland), took note of the positive outcome of the Sixth Session as well as of the signature of the contract between the Preparatory Commission and Regulis SA. The draft baseline Regulations for the International Registry for railway rolling stock were discussed and approved.  The planning of future work was also considered. In addition to UNIDROIT, OTIF and the Rail Working Group, representatives of several member States were present, as were SITA and the designated Registrar for Regulis SA. A representative of the European Commission also attended the meeting, the European Union recently having approved the Rail Protocol.

>>> Report of the session

 

 

8th Session of the Preparatory Commission

 

On 6-7 December 2018, UNIDROIT and OTIF held the eighth session of the Rail Preparatory Commission for the establishment of an International Registry under the Luxembourg Rail Protocol in Rome, immediately after the UNIDROIT General Assembly. The session was attended by 32 State delegations. It was opened by the Chairman of the UNIDROIT General Assembly, Ambassador Paul Dühr of the Embassy of Luxembourg in Rome, UNIDROIT Secretary-General Professor Ignacio Tirado, and Chief of Technical Interoperability of OTIF Mr Bas Leermakers. The Commission, Co-Chaired by Mr Peter Bloch and Ms Mervi Kaikkonen (who participated remotely), approved the Statutes and the Rules of Procedure of the Supervisory Authority, as well as future steps leading to the entry into force of the Protocol. A number of participating delegations made statements relating to the benefits connected with the future operation of the Protocols as well as to the status of the ratification process in their legal system. On the second day, panellists briefed interested delegations on the Protocol and its implementation.

>>> Report of the session

 

 

9th Session of the Preparatory Commission

 

The ninth session of the Preparatory Commission, jointly convened by UNIDROIT and OTIF, shall be hosted by OTIF and is scheduled to take place remotely on 8 April 2021.

>>> Annotated Draft Agenda

 

 

Ratification Task Force Meetings

 

The Ratification Task Force members include the joint chairs of the Preparatory Commission Peter Bloch (USA) and Mervi Kaikonnen (Finland) - as well as representatives of OTIF, UNIDROIT, the Rail Working Group, SITA and the Registrar-designate Regulis SA. Other States, such as Luxembourg and Sweden have since joined the Ratification Task Force.

 

The RTF has planned a detailed ratification strategy and an intense agenda for its work for the purpose of reaching the number of adhesions required for the entry into force of the Protocol and the operability of the international Registry within a reasonable timeframe.

 

Most meetings of the Ratification Task Force are held several times a year via teleconference. The most recent meeting was held Berne on 16 July 2019 to take stock of the current status of the ratification processes in various interested States. The meeting was scheduled following a meeting between Deputy Secretary-General Anna Veneziano and the Secretary General of the Intergovernmental Organisation for International Carriage by Rail (OTIF), Mr Wolfgang Küpper, with participation of the Chair of the Rail Working Group Mr Howard Rosen and the Co-Chair of Preparatory Commission Mr Peter Bloch.  The meeting was also attended by Lunesterline Andriamahatahitry (Head of Administration and Finance Department) and Mr Bas Leermakers (Head of Technical Interoperability Department) of OTIF.

 

 

Status of signatures/ratifications

 

The updated status of signatures and ratifications/accessions to the Luxembourg Rail Protocol is available here.

 

Latest Signatures and Ratifications:

 

As of 21 January 2021, the Protocol only needs one additional ratification/accession alongside the issuance by the Supervisory Authority of a certificate confirming that the International Registry is fully operational to enter into force (taking into account that such certificate is needed for the Registry to start its operation).

 

 

Documents approved by the Preparatory Commission:

 

 

 

Recent conferences and seminars with participation of UNIDROIT

 

On Wednesday 17 October 2018, UNIDROIT partnered with the Rail Working Group to deliver a Luxembourg Rail Protocol stakeholder briefing in Madrid, hosted by the law firm Bird & Bird. Building upon earlier implementation activities in Spain, the event brought together legal experts, manufacturers, and private sector stakeholders to discuss the Rail Protocol's possible future implementation in Spain. The event was opened by UNIDROIT Secretary-General Ignacio Tirado with expert presentations from UNIDROIT Deputy Secretary-General Anna Veneziano, Howard Rosen (Chairman of the Rail Working Group), Elizabeth Hirst (then Managing Director of Regulis SA) and Teresa de las Heras Ballell Rodriguez (Professor of Commercial Law at Universidad Carlos III de Madrid).

 

On 1 February 2019, the UNIDROIT Secretariat participated in a consultation workshop considering France’s possible ratification of the Cape Town Convention. Hosted by the Université Paris II (Panthéon-Assas), the workshop brought together international experts, government representatives, private sector lawyers and academia to discuss the benefits and challenges associated with implementing the Cape Town Convention and its Protocols. Presentations were delivered by the late Professor Pierre Crocq (Centre Paris II Assas) regarding issues associated with how the Cape Town Convention would operate in relation to French secured transaction laws and Professor Jean-François Riffard (Université Clermont-Ferrand) regarding which declarations under the Convention and Protocols might be most appropriate for France.

 

On 13 March 2019, Deputy Secretary-General Professor Anna Veneziano participated remotely in a special workshop entitled “The Future for Railway Finance: How the Luxembourg Rail Protocol Will Transform the Rail Sector in Indonesia and beyond”. The Workshop was organised by the Rail Working Group in cooperation with the Ministry of Law and Human Rights in Jakarta, and included representatives from the Rail Working Group, the Ministries of Law and Human Rights, Foreign Affairs and Transport of Indonesia, National Railways, Regulators, local law firms, financiers and manufacturers.

 

On 23 March 2019, UNIDROIT was invited to participate in a High-Level Seminar entitled “Railway rolling stock financing: a new solution for Africa” in Marrakech, Morocco, organised by the UN Economic Commission for Africa (UNECA). The seminar was included as a Side Event at the 52nd conference of UNECA, which UNIDROIT was invited to attend as Observer. Deputy Secretary-General Anna Veneziano shared the introductory addresses at the seminar, on a panel moderated by the Chief of UNECA Energy, Infrastructure and Services Team Robert Lisinge, together with UNECA Director of Regional Integration and Trade Division Stephen Karingi, followed by presentations by Rail Working Group Chairman Howard Rosen, Senior Economic Affairs Officer Energy, Infrastructure and Services Section of UNECA Soteri Gatera and the CEO of the RailRoad Association Mesela Nhlapo. The objective of the event, attended by high level governmental officials and private sector representatives, was to discuss Rail financing in Africa and how the Luxembourg Rail Protocol can play a key role in attracting private capital to create a sustainable model for existing and new rail projects in the context the 2030 Agenda for sustainable development as well as for the African Union´s Agenda 2063.

 

On 14 May 2019, the Luxembourg Rail Protocol was presented in the context of an exclusive Rail Working Group briefing in Spanish in the Madrid offices of Watson Farley & Williams. Secretary-General Professor Ignacio Tirado and Professor Teresa de las Heras Ballell provided a thorough presentation of the legal and economic aspects of the Protocol to key Spanish financiers and other stakeholders in the rail sector, who participated actively in the discussions.

 

The Luxembourg Rail Protocol was also promoted on 8 July 2019 in the context of an event in Beijing promoting the Cape Town System, and on 22 October 2019 at an event hosted by Strathmore University Law School in Nairobi.

 

The Protocol was also featured as a Side Event on 12 November 2019, during the MAC Diplomatic Conference in Pretoria, to present and discuss the Legal Operation and Economic Benefits of the Luxembourg Rail Protocol to the Cape Town Convention, kindly hosted at the Department of International Relations and Cooperation of South Africa (DIRCO).

 

On 10 March 2020,  co-sponsors UNIDROIT and the Rail Working Group participated in a conference funded by Aston University  and the  Global Challenges Research Fund in Lagos, Nigeria. The Conference opened with a keynote speech from Mr Jonathan Fortnam (Dean of Aston Law School, Aston University UK) and was divided into three sessions, the third of which was dedicated to the benefits of UNIDROIT’S Rail and MAC Protocols to the Cape Town Convention in Secured Transaction Law Reform in Nigeria and West Africa. Secretary-General Ignacio Tirado participated remotely and delivered an introductory speech on the Cape Town Convention, Mining, Agriculture & Construction (MAC) Protocol and security interests in mobile equipment, followed by Mr Soteri Gatera (Chief Industrialisation and Infrastructure at the UN Economic Commission for Africa UNECA) on Private sector financing of rolling stock (including railway) equipment in West Africa, and Mr Howard Rosen (Chairman of the Rail Working Group) on the Enforcement of security interests in railway equipment and the unique identification system of rolling stock equipment .

 

 

Endorsements and support

 

UN Economic Commission for Africa (UN ECA): At the the Ministerial Conference of the UN ECA countries held in Marrakech, Morocco,  from 23 to 25 March 2019, a Resolution concerning the Luxembourg Rail Protocol was approved. It mandated  the UN ECA to “continue its awareness raising and advocacy across the continent” of the Protocol “with a view to elucidating its merits and potential contribution to the financing of rolling stock in rail projects”, and to “inform interested parties from the public sector and the private sector across the continent on, and educated them in, the way that private credit and leasing can assist with providing the financial resources necessary to revitalize and expand the African rail network and the benefits of becoming party to the Luxembourg Rail Protocol” (E/ECA/CM/52/2).

 

PIDA endorsement - A conclusive communiqué was issued by the Ministers and delegates to the Fifth Week of the Programme for Infrastructure Development in Africa (5th PIDA Week, Cairo 25-29 November 2019) and the organizing and partners institutions, including the African Union Commission (AUC), African Union Development Agency-NEPAD (AUDA-NEPAD), the Government of the Arab Republic of Egypt, the other African Union Members States, the Regional Economic Communities, the African Development Bank (AfDB), the United Nations Economic Commission for Africa (UNECA), the German Cooperation, the European Union (EU), the Development Bank of Southern Africa (DBSA), the Japan International Cooperation Agency (JICA), Private Sector representatives, as well as distinguished invitees, urging African States to ratify the Luxembourg Rail Protocol.

 

 

Economic benefit

 

An update of the 2018 study regarding the economic benefits for the UK was released on 30th November 2020

 

Oxera has also released a study conducted for the Rail Working Group that assesses that the economic savings that the Luxembourg Rail Protocol could entail for the African Continent amount to billions of USD. The Report was released at the AfricaRail PPP webinar held on 13 May 2020, in which the Chairman of the Rail Working Group stated that “following the coronavirus crisis, almost all African states will be short of financial resources at a time when, more than ever, they need investment in the railways and support from the private sector will be critical.”

 -> Press release

 -> Study

 

 

 

Sustainability and Environmental Protection Reports

 

The Luxembourg Rail Protocol promotes sustainable growth and environmental protection strategies - The Protocol will be a powerful tool to promote sustainable growth and global environmental protection strategies particularly connected to mobility, in furtherance of UN goals (see the 2016 Mobilizing Sustainable Transport for Development Report by the UN Secretary General’s High-Level Advisory Group on Sustainable Transport; see also the 2020 European Commission Sustainable and Smart Mobility Strategy). Rail is widely accepted today as the basis for environmentally sustainable transport, both of people (in towns and across countries and regions) and of freight, thus providing one core element in the strategies to combating climate change, pursuant to the objectives of the Paris agreements.

 

Further information in the RWG Paper on Combating global climate change - How the Luxembourg Rail Protocol to the Cape Town Convention will help to battle global climate change.

 

 

Cooperation with UNECE

 

On 2-4 September and 14-15 December 2020, UNIDROIT participated in the first two meetings of the Group of Experts established by the United Nations Economic Commission for Europe for the Permanent Identification of Railway Rolling Stock. The meetings also included delegations from the Rail Working Group and OTIF.

 

UNIDROIT was invited to attend as the Cape Town Convention created a new global system for the recognition, prioritization and enforcement of creditor and lessor rights under security lease or conditional sale agreements for certain types of movable equipment, based on registration of creditors’ rights in an international registry. The Luxembourg Rail Protocol applies the Cape Town Convention to all railway rolling stock and provides a global system for uniquely identifying the stock. It uses identification numbers issued by an international registry based in Luxembourg. The Luxembourg Rail Protocol is expected to enter into force in the near future. The system allocating the unique identification numbers is known as the Unique Rail Vehicle Identification System (URVIS). Unique identification will have the benefit of facilitating tracking of the status and location of equipment in real time, enabling predictive maintenance programmes and supporting more efficient accident analysis for liability and insurance. Due to its broad impact, unique identification will be an important consideration also for countries who do not have a railway but wish to register railway rolling stock.

 

For more information on the UNECE PIRRS see the documentation of the 2nd meeting and of the 1st meeting.

 

The next meeting is scheduled for 5 May 2021.