International Freight Transport Regulations and Standards
Trans-European Transport Network (TEN-T)
TEN-T stands for the Trans-European Transport Network. Its purpose is to connect the continent from East to West and North to South through a European network of railways, roads, waterways, shipping routes, ports, airports, and rail terminals. It bridges gaps between national networks, eliminates bottlenecks, and overcomes technical barriers. TEN-T infrastructure projects access European funding and strengthen Europe’s strategic position. The EU has nine corridors, and in Spain, these are the Mediterranean and the Atlantic corridors.
The TIR Convention and International Customs
The TIR Convention is an international customs agreement that makes international road transport faster and less expensive. It cannot be used for all types of goods: the transport of tobacco or its derivatives and certain alcoholic beverages (except wine and beer) is prohibited. It does not apply to journeys within the EU, where Community Transit is used instead. It also generally does not apply between the EU and EFTA countries or Andorra. When used by rail, the system is called E-TIR.
ATP Regulations for Perishable Goods
The transport of perishable goods by road is regulated by the ATP. It defines uniform requirements for preserving the quality of perishable foodstuffs and establishes standards for special equipment, including the international certificate and the ATP plate on the vehicle. In Spain, regulations are based on the ATP, except for health-related matters, which are regulated by the EU. Penalties for non-compliance include:
- Fines and on-the-spot penalties
- Rejection of cargo or forced transshipment
- Detention of the vehicle
TIR Convention Membership Requirements
If an international transport agency is not a signatory to the TIR Convention, it cannot carry out international transport under the TIR customs regime. In Spain, carriers must be members of ASTIC to obtain the necessary licenses, which are valid for two years.
Spanish Rail Infrastructure and Red TECO
Red TECO stands for “Tren Expreso de Contenedores” (Express Container Train). It is important because every week, 800 trains connect Spanish ports with Madrid and international destinations. Despite differences in track gauge, this system facilitates efficient intermodal container traffic.
RENFE and the RFIG Network
RENFE stands for Red Nacional de Ferrocarriles Españoles. It was created in 1941, and currently, RENFE Operadora is the operator responsible for commercial passenger and freight services on the RFIG (Red Ferroviaria de Interés General).
The RFIG is composed of the main rail infrastructures intended to guarantee a common railway system across the entire Spanish territory. The management of the RFIG must guarantee the proper operation of the transport system, including international traffic, connections between different autonomous communities, and access to main settlements and transport centers.
Main Railway Gauges in Spain
- Iberian gauge (1.668 m): Primarily the conventional network (RENFE).
- International gauge (1.435 m): Primarily the high-speed network (ADIF).
- Metric gauge (1.000 m): Currently circumscribed to narrow-gauge lines (FEVE).
Driving and Rest Time Regulations
- Daily driving period: Shall not exceed 9 hours, with an exemption twice a week when it can be extended to 10 hours.
- Total driving time: Weekly driving may not exceed 56 hours, and total fortnightly driving time may not exceed 90 hours.
- Daily rest period: Shall be at least 11 hours, with an exception allowing a reduction to 9 hours maximum three times a week. Daily rest can be split into a 3-hour rest followed by a 9-hour rest for a total of 12 hours.
- Weekly rest: 45 continuous hours, which can be reduced every second week to 24 hours. Compensation arrangements apply for reduced periods. Weekly rest must be taken after six days of work.
Hazardous Goods: ADR and RID Regulations
Road transport is regulated by the ADR; its purposes are to facilitate the transport of dangerous goods and increase the safety of this transport mode. For rail transport, the RID applies. Note: No sanctions are specified in this context.
The CMR Convention for Road Freight
The legal framework for international road transport is the CMR Convention (Geneva 1956). It applies in three situations: road transport for reward, where the place of collection and delivery are in two different countries, and at least one country is a contracting state. Services excluded under these rules include postal services, funeral shipments, and furniture removal.
Documentation and Claims
The primary document is the CMR Consignment Note. Its functions include proof of the transport contract and receipt of the goods by the carrier. It is not a title deed and is not negotiable; it does not transfer ownership of the goods. Ownership remains with the sender or consignee according to the sales contract.
Three mandatory original copies are required for each shipment. In case of apparent damage, loss, or delay, the consignee must make reservations at the time of delivery. If no reservations are made, it is presumed that the goods arrived in perfect condition.
Types of Combined Transport
Combined transport is a system where the major part of the journey is by rail, and any initial or final legs carried out by road are as short as possible. There are two types:
- Accompanied combined transport (Piggyback / Ferroutage): The entire truck (tractor + trailer) is driven onto a special wagon, and the driver accompanies the vehicle in a separate passenger wagon.
- Unaccompanied combined transport: Only the load unit travels (swap bodies, ISO containers, or semi-trailers). Neither the tractor nor the driver travels on the train.
Juntas Arbitrales de Transporte
These are administrative bodies created to solve commercial disputes and claims related to land transport (road and rail) in a fast and inexpensive way, avoiding traditional courts. Their intervention is mandatory for claims that do not exceed 15,000 euros, unless a party expressly stated in writing before the service started that they did not want to submit to the Board. They act as mediators and arbitrators, and their decision (called a “Laudo”) has the same legal value as a court judgment.