SIA “LDZ CARGO”
Regulations on Cargo Traffic at the Territory of the Republic of Estonia
- GENERAL PROVISIONS
1. Pursuant to Paragraph 110 of the Railways Act of the Republic of Estonia, Limited Liability Company “LDZ CARGO” (registered at the Enterprise Register of the Republic of Latvia under No. 40003788421), hereinafter – LDZ CARGO, establishes these cargo traffic regulations, hereinafter - the Regulations, for transportation of cargo at the territory of the Republic of Estonia.
2. LDZ CRGO is a licensed rail freight carrier that carries out transportation of cargo at the territory of the Republic of Estonia based on the Unified Safety Certificate with a European identification number EU1020210211, valid from 17.12.2021 to 16.12.2026.
3. Providing cargo transportation at the territory of the Republic of Estonia, LDZ CARGO is guided by the Agreement on International Rail Freight Traffic (publicly available on the website: https://osjd.org/ru/8978/page/106077?id=2845), hereinafter - SMGS, in accordance with the requirements of applicable legislation of the European Union, laws and regulations of the Republic of Estonia, and legal acts legislation of the competent state authorities of the Republic of Estonia, which regulate the operation of the railway carrier, determine the traffic safety, environmental and labour protection requirements, as well as contracts with the railway infrastructure manager of the Republic of Estonia.
4. Complying with the fundamental principles of the Directive (EU) 2016/798 of the European Parliament and the Council on railway safety, LDZ CARGO has established a safety management system that describes traffic safety-related requirements, procedures, and actions to ensure safe, coordinated and accident-free operation within the Estonian railway infrastructure.
5. Pursuant to Article 22 of the Directive 20122/34/EU of the European Parliament and the Council (21 November 2012), whereby a single European railway area is established, LDZ CARGO is insured for civil liability in freight transportation by rail in the Baltic States with liability limits according to each country regulation (in Estonia, the liability limit amounts to EUR 6 000 000).
- CARGO TRAFFIC
6. Transportation of cargo within the territory of the Republic of Estonia is carried out by LDZ CARGO in compliance with the Agreement on International Railway Freight Communications (hereinafter - SMGS), incl. the requirements set out in the annexes of the SMGS, which apply to drawing up the contract of carriage amendments to the contract of carriage, drawing up a commercial deed (loss and damage claim form), sealing of rail cars, procedures for handling claims, transportation of (private) rail cars not owned by the carrier, as well as LDZ CARGO procedures "Transport Organization Procedures" (in Annex 1).
7. When carrying out freight transportation in rail cars belonging to a carrier of another country, LDZ CARGO is guided by the Regulations on the operation, accounting and settlements of wagons belonging to other countries (title of the original document “Правила эксплуатации, пономерного учета и расчетов за пользование грузовыми вагонами собственности других государств” (publicly available here).
8. LDZ CARGO provides cargo transportation services, as well as other services related to cargo transportation, to consignees/consignors registered in the customer register of LDZ CARGO. A consignee/consignor, who wants to use the services of LDZ CARGO, submits an application for registration to LDZ CARGO (template in Annex 2), by sending it to the e-mail address: cargo@ldz.lv. LDZ CARGO registers the consignee/consignor in the customer register of LDZ CARGO and informs about the registration. The consignee/consignor is obliged to inform LDZ CARGO in case of changes in postal/billing details and/or contact information referred to in the application for registration.
9. LDZ CARGO carries out freight transportation based on the contract of carriage. SMGS waybill (hereinafter – the SMGS waybill) is used in the international freight communications). For domestic traffic the KS form waybill attached in Annex 3 of these Regulations (hereinafter KS waybill) can be used for transportation, unless otherwise provided for by mutual agreement. Electronic SMGS waybills, which are provided on the EESTI RAUDTEE portal, can be used for transportation.
- PAYMENT AND ACCOUNTS SETTLEMENT PROCEDURE
10. Settlements with LDZ CARGO for the performed cargo carriage and other services provided are made by the payer referred to in column 23 of the SMGS waybill or KS waybill, pursuant to the provisions of a cooperation agreement concluded between each other.
11. The payer and LDZ CARGO agreed on the transportation fee and payment for other services provided by LDZ CARGO within the scope of the mutually concluded cooperation agreement.
- TERMS OF SAFETY
12. LDZ CARGO ensures that cargo transportation at the territory of the Republic of Estonia is carried out by personnel (railway specialists, members of locomotive crews) who have been prepared in compliance with the requirements set out in Paragraph 5 of the Railway Act of 15.10.2020. The principles of selection of the personnel, determination of competency, training and work organization conditions are described in the section "Requirements to Personnel in Lithuania and Estonia" of LDZ CARGO Safety Management System.
13. When carrying out rail freight transportation at the territory of the Republic of Estonia, LDZ CARGO ensures compliance with the requirements of the regulation “Safety management system, safety indicators, inspection of railway infrastructure, traffic management and compliance with safety requirements, their reporting, formats and deadlines, as well as notification of incidents affecting railway safety" (approved by Order No. 83 of the Ministry of Economy and Infrastructure of the Republic of Estonia on 03.12.2020, incl. which referred to the reporting and provision of information to the Department of Consumer Rights Protection and Technical Supervision of the Republic of Estonia and, in certain cases, to the Safety Investigation Bureau. The safety requirements are described in the section "Control of safety requirements during transportation at the territory of the Republic of Lithuania and the Republic of Estonia" of LDZ CARGO Safety Management System.
14. LDZ CARGO provides railway freight transportation at the territory of the Republic of Estonia with rolling stock in due technical condition, which complies with the requirements of the Railway Act of the Republic of Estonia dated 15.10.2020, and which is allowed to be used for transportation at the territory of the Republic of Estonia. The procedures and actions necessary for maintaining the technical condition of the rolling stock in accordance with the requirements of applicable laws and regulations (including technical inspection and maintenance, performance of repair work) are described in the section "Observance of technical and operating standards when carrying out transport at the territory of the Republic of Lithuania and the Republic of Estonia" of LDZ CARGO Safety Management System.
- CIRCULATION OF INFORMATION
15. If a railway traffic accident occurs with LDZ CARGO train at the territory of the Republic of Estonia, LDZ CARGO employee (authorized person) involved in the railway traffic accident shall immediately provide information about it to the responsible representative of the railway infrastructure of the Republic of Estonia (train dispatcher or stationmaster-on-duty), abiding by the requirements of the Railway Act of the Republic of Estonia dated 15.10.2020, informs the Safety Investigation Bureau of the Republic of Estonia (e-mail address: info@ojk.ee) and the Consumer Protection and Technical Regulatory Authority (e-mail address: info@ttja.ee), as well as cooperated with the persons and institutions involved in the investigation.
16. To receive information about the laws and regulations of the Republic of Estonia, which regulates the use of railway infrastructure, traffic safety and other obligations of the railway carrier, LDZ CARGO uses AS Eesti Raudtee internet site, the information source https://www.riigiteataja.ee, and, if necessary, on the basis of the contract, the provision of information by the Estonian merchant and translation services.
Chairperson of the Board S.Berga
Member of the Board M.Pevko
Annex 1
SIA “LDZ CARGO”
Transport organization procedure
1. General Provisions
1.1. SIA “LDZ CARGO” "Transport Organization Procedure" (hereinafter referred to as - the "Procedure") determines the procedure for prior coordination of cargo transportation at the territory of the Republic of Estonia, acceptance of cargo for transportation and delivery to the consignee.
1.2. International transportation of empty and loaded rail cars (hereinafter – the Freight) at the territory of the Republic of Estonia is carried out by LDZ CARGO in accordance with the Agreement on International Railway Freight Communications (hereinafter - SMGS) and based on the SMGS waybill. LDZ CARGO carries out domestic freight transportation in compliance with the legislation of the EU and the Republic of Estonia in the field of rail freight transportation, based on the KS waybill), unless otherwise provided by mutual agreement.
1.3. Accompanying documents necessary for customs and the settlement of other administrative formalities along the entire route of cargo transportation, which are referred to in column 24 of the SMGS waybill shall be attached to the SMGS waybill.
1.4. The necessary customs clearance procedures to transport cargo at the territory of the Republic of Estonia are provided by the consignor/consignee or LDZ CARGO, if the relevant service is included in the mutually concluded cooperation agreement. Regardless of the fact who ensures the completion of the customs clearance procedure for the Cargo, the consignor submits the LDZ CARGO customs declaration before starting the transportation.
1.5. If the consignor does not attach to the SMGS waybill the document necessary to settle administrative formalities, but sends it to the relevant administrative monitoring body, then he indicates the information about it in column 25 of the SMGS waybill.
2. Preliminary Approval of Cargo Transportation
2.1. For pre-coordination of transportation, the consignor, or his authorized person, at the latest within five working days before the expected date of shipment of the Cargo, shall complete an application on EESTI RAUDTEE portal, indicating the station of shipment and the station of destination, the type of Cargo (name and HKN code), the Freight volume (number of rail cars, unladen weight and tons per a rail car). In the application, the consignor or its authorized person acknowledges that no sanctions have been imposed against the consignee, the consignor, the owner of the rail cars, and against the cargo declared to the carrier, and that the cargo declared for transportation is not dual-purpose and/or strategic cargo.
2.2. LDZ CARGO processes the application within one working day.
2.3. If the specific characteristics of the cargo or its condition do not allow the transportation to be carried out in accordance with the terms provided for in the regulatory documents, or the transportation conditions offered by the consignor are not provided for in the regulatory documents, then the consignor, the consignee and the carriers taking part in the transportation can agree among themselves upon the special conditions of the cargo transportation, as well as the distribution of responsibility for transportation and preservation of the cargo.
2.3.1. The consignor coordinates the proposed special conditions of cargo transportation with the consignee before turning to LDZ CARGO to agree these conditions.
2.3.2. To coordinate the special terms and conditions of freight transportation with LDZ CARGO, the consignor applies to LDZ CARGO with a written application not less than 10 calendar days, when carrying out transportation in international traffic, and not less than 3 calendar days in domestic traffic, before concluding the contract of carriage. In the application, the consignor gives information about the consignee, cargo, type and ownership of rolling stock, carriers, route, transportation terms, etc., transportation conditions of the proposed cargo and the liability of the parties (cargo consignor/consignee, carrier), but, if necessary, reasoning the possibility to transport on the proposed conditions. Documents (production, container (packaging) standards, certificates, technical conditions, etc.) shall be specified in the application and attached thereto.
2.3.3. LDZ CARGO examines the application and agrees special conditions with all carriers involved in the transportation. If the special conditions of freight transportation are agreed, the Transport Organization Department of LDZ CARGO informs the consignor about it. If it is not possible to carry out transportation in accordance with the special conditions, a duly reasoned refusal shall be given to the consignor.
2.3.4. When drawing up the waybill, the consignor, makes a note about cargo transportation under special conditions in accordance with the notification of the Transport Organization Department.
2.3.5. LDZ CARGO has the right to cancel the agreed special conditions of freight transportation if there is a reason for the cancellation thereof.
2.4. The consignor submits an application to the Director of the Transportation Organization Department of LDZ CARGO for two or more rail cars, incl. with containers, drawn up with one waybill (hereinafter - rail cars in the group), not less than 10 calendar days, when carrying out transportation in international traffic, and not less than 5 calendar days, when carrying out transportation in domestic traffic, before entering into the contract of carriage.
2.4.1. The consignor agrees with the consignee on the number of rail cars in the group, which will be transported under one waybill, before applying to LDZ CARGO. In the application for registering the carriage of rail cars in the group drawn up with one waybill, the consignor indicates the desired maximum number of rail cars in the group, the period of carriage, the name of the station of shipment and the station of destination, the name of the consignee, the carriage route, and carriers, as well as other information, if necessary. After coordinating the application with the carriers involved, the Transportation Organization Department notifies the consignor and the head of the Estonian branch of the results of coordination or sends a reasoned refusal to the applicant.
2.5. In case where it is planned to send oversized or heavy cargo in an open-top rolling stock, prior to the coordination of the transportation the consignor or his authorized person sends to e-mail: igors.solops@ldz.lv of LDZ CARGO drawings, cargo fastening and placement calculations aiming at the examination and coordination.
3. Acceptance of Cargo at the Station of Shipment for Transportation
3.1. The consignor hands over and LDZ CARGO accepts the Cargo for transportation:
3.1.1. at the territory of private railway infrastructure (hereinafter – the Access Roads) connected to the station of the Estonian Railways (hereinafter - EVR) in case where LDZ CARGO or any other service provider by the order of LDZ CARGO makes the delivery/ removal of rail cars to/from the Access Roads.
3.1.2. EVR stations on public roads in case the delivery/removal of rail cars to/from the Access Roads is performed by another service provider.
3.2. The consignor is responsible for determining the suitability (serviceability) of the rail cars for the carriage of the specific cargo, complying with the technical requirements to placing and securing the cargo in the rail cars.
3.3. The consignor informs LDZ CARGO about the readiness to hand over the Cargo using the relevant e-mail or phone number referred to in Clause 5 of the Procedure.
3.4. The consignor hands over the Cargo to LDZ CARGO together with the SMGS waybill or KS waybill. The consignor delivers cargo to LDZ CARGO in duly sealed rail cars/containers. LDZ CARGO accepts cargo for transportation by externally inspecting the condition of the rail car/container (checking the existence of the seals specified in the waybill, their operability, the conformity of the marks on the seals to the information specified in the waybill).
3.5. The date of conclusion of the contract of carriage is confirmed by LDZ CARGO calendar stamp in column 26 of the SMGS waybill or KS waybill. The consignor and LDZ CARGO certify the fact of cargo transfer by filling in the KA2-B form (Uleandeleht (Kaaluleht)), which is signed with a secure electronic signature.
4. Delivery of Cargo at the Station of Destination
4.1. LDZ CARGO informs the consignee (contact information is used in the application for registration [Section 8 of the Regulations]) about the arrival of the cargo at the station of destination. After receiving notification of the Cargo's arrival at the station of destination, the consignee informs LDZ CARGO of its readiness to accept the Cargo, using the contact information referred to in Clause 5.1.2.
4.2. LDZ CARGO issues an SMGS waybill or KS waybill to the consignee and the accompanying documents attached thereto. The consignee confirms the receipt of the Cargo with an entry in column 36 of the SMGS waybill or KS waybill, which is confirmed by submitting a copy of the consignee's waybill in PDF format signed by LDZ CARGO with a secure electronic signature.
4.3. LDZ CARGO hands over the Cargo to the consignee at:
4.3.1. EVR stations on Access Roads, in case where rail cars are delivered/picked up to/from the Access Road by the order of LDZ CARGO or another service provider.
4.3.2. EVR stations on public roads in case the delivery/removal of rail cars to/from the Access Road is performed by another service provider.
4.4. The actual delivery of the Cargo to the consignee is performed after the delivery of the Cargo has been registered in the SMGS waybill or KS bill of lading issued and when the consignee provides LDZ CARGO with a document that confirms the completion of the customs clearance procedure and allows the issue of the Cargo to the consignee.
4.5. The consignor and LDZ CARGO confirm the fact of cargo transfer with a secure electronic signature on the KA2-A form (Uleandeleht (Kaaluleht)).
4.6. In case if the signs of access to the cargo are detected during the delivery and acceptance of the cargo, or the cargo arrived in the rail cars with damaged seals (cargo security), or there are no seals on the rail cars, or they do not match those referred to in the waybill, LDZ CARGO draws up a certificate of general form. At the request of the consignee LDZ CARGO, takes part in the inspection of the cargo at the time of delivery thereof and, if it ascertains the circumstances specified in item 29 of the SMGS, draws up a commercial deed (loss and damage claim form).
5. Contacts
5.1. LDZ CARGO contact information:
5.1.1. For questions about prior coordination of freight transportation, email: Eriks.Blazevics@ldz.lv.
5.1.2. In matters of cargo acceptance and transfer:
Kojdula, Valga service area:
Tel.: +372 58516001,
e-mail: cargo.operational@ldz.lv
Paldiski, Vaivari service area:
Tel.: +372 5621 5573, +372 5554 1970,
e- mail: Tamara.Kurasova@ldz.lv, Irina.Serstjukova@ldz.lv
5.2. In case of ambiguity or questions: phone number +37129531667; e-mail: Sergejs.Cigaks@ldz.lv .
Annex 2
Application template to register SIA “LDZ CARGO” customers
The application is drawn up on the form of the company, signed by the entitled person in hand (on paper format) or electronically (with a secure electronic signature and time stamp).
Application template:
SIA “LDZ CARGO”
Application
for the registration of SIA “LDZ CARGO” customer
We hereby request to register …..SIA/AS… ………company name……… in the customer register of the railway freight carrier SIA “LDZ CARGO”. We plan to use the services of SIA “LDZ CARGO” carrier for freight transportation by rail at the territory of Estonia.
Our details:
registration number: ………………………..
value added tax payer’s number: ………………………..
registered office/mail address: ………………………….
Phone number:……………………, e-mail address: ……………..,
e-mail address for invoices: ……………..
current account (EUR): ………………………………
bank: ………………
SWIFT code: …………;
Contact person covering the issues on cargo acceptance and handing over: ………………………….,
e-mail: ………, Phone number: …………
Contact person covering the matters of transportation payments: ……………………………...……,
e- mail: ………, Phone number: …………
Signing this application, we hereby acknowledge that we got acquainted with the provisions of SIA “LDZ CARGO” relating to the freight traffic at the territory of the Republic of Estonia published on the website of SIA “LDZ CARGO” www.ldzcargo.ldz.lv.
Member / Chairperson of the Board …signature… … print name …
Annex 3
