The carry - on of the transport activity in an advantageous way for all the parties involved, in a free market economy, implied the conclusion of loading/ unloading frame-conventions. Such conventions can be concluded starting 10 May 1999 when the Order of the Ministry of Transports no. 746/1998 regarding the approval of the unified norms for the application of the rules for the Romanian railway transport entered into force.

The frame-conventions can be used by SNTFM and other authorized transporters realizing railway transports and their objectives are wider in comparison with the other types of conventions used up to now.

They are regulating in an optimal way the relation between the transporters and their customers, taking into account the large diversity of situations existing in the railway network (the volume of the transports, the type of the transported merchandise, the endowment with rails and installations, the means of transport and of loading/ unloading, the solvability, the insurance of wagons’ loads from the safety of the circulation point of view, etc).

According to article 57.6 RT, the frame-conventions refer to:

• the way of ordering the loading means of conveyance;
• the loading/ unloading place;
• the transfer of the goods and of the empty or loaded means of conveyance;
• the way of settling the prices;
• the advertisement of transports, etc.

The elements included in the loading/ unloading frame-convention are detailed in Appendix 4 of the unified norms for the railway transport and can be classified as follows:

• technical – administrative elements;
• the scheduling of the loading;
• the insurance of the loading and unloading operations;
• the advertisement of transports;
• the means of payment of the transport related services.

By concluding the frame-conventions, the clients also benefit from a specific regulation of the working methods with the CF stations from a technical and commercial perspective.

In respect of the provision of the necessary number of wagons for the loading activity, there can be created different ways of transporting the entire volume of goods through the appropriate scheduling of transports. This is realized through the increase of the responsibility of the transporter regarding the placing of the wagons at the loading points and of the safe and in time loading operation. Thus, the partners can agree not to constitute the guarantee (in ROL/ hard currency) provided by article 57.5 RT.

Through the frame-convention, the unloading procedure for the goods is much more convenient, taking into account the volume of the work, the loading/ unloading points and the ways of advertising the transports at the beneficiary. Also, the transporter can assume the responsibility to advertise the transport at the domicile of the client, with the payment of the service.

The convention also provides the application of certain hourly rates for using the means of conveyance, especially for wagons. Therefore, the following elements are to be settled: the execution of these operations depending upon the points established for bringing/ taking away the wagons, the maneuver program, the deadlines for loading the wagons, the way of keeping the specific books, the calculation of the wagon/ hours used, as well as the means of payment.

Through the frame-convention, the economic agents can obtain from the transporters discounted hourly rates, based on the provisions of NUT 11, article 73.1 RT. In the same time they have the possibility not to pay the transport at the moment of conclusion of the contract, as provided by NUT 3 at article 62.1 RT.

In case the cashing of the receivables by the transporter is guaranteed, the clients paying in time the invoices, without arrears, it can be agreed the payment to be made centralized or before releasing the expeditions. The settlement and payment methods can also be agreed between the parties. The payment will be due within five business days in case the transport services are invoiced and within two business days in case the payment is made at station’s teller.

It is essential that the frame-convention to provide the treatment that is to be applied for the cases when the payment is not made in time according to article 62 RT and of the unitary norms. There can be also regulated the aspects referring to the weighing and sealing of transport, etc.

The use of the conventions governed by the civil law in the railway transport field represents not only an opening towards the competition and towards the market but also the liberalization of the business relations between the transporter and its clients, for the purpose of realizing a high-quality transport service.

Anatol Groapa