Protocol
of 3 June 1999 for the Modification of the Convention concerning International
Carriage by Rail (COTIF) of 9 May 1980 (Protocol 1999)
In application
of Articles 6 and 19 § 2 of the Convention concerning International
Carriage by Rail, signed at Berne on 9 May 1980, hereinafter called “COTIF
1980", the fifth General Assembly of the Intergovernmental Organisation
for International Carriage by Rail (OTIF) was held at Vilnius from 26 May to 3
June 1999.
– Convinced of the necessity for and usefulness of
an intergovernmental organisation which deals so far as possible with all
aspects of international carriage by rail at the State level,
– considering that for this purpose, taking
account of the application of COTIF 1980 by 39 States in Europe, Asia and
Africa as well as by the railway undertakings in those States, OTIF is the most
appropriate organisation,
– considering the necessity of developing COTIF
1980, in particular the CIV Uniform Rules and the CIM Uniform Rules, in order
to adapt it to the present needs of international carriage by rail,
– considering that safety during the carriage of
dangerous goods in international rail traffic demands the transformation of RID
into a regime of public law, whose application no longer depends upon the conclusion
of a contract of carriage subject to the CIM Uniform Rules,
– considering that the political, economic and
juridical changes which have occurred in a large number of Member States since
the signing of the Convention on 9 May 1980 should be the motive for
establishing and for developing prescriptions which are uniform covering other
fields of law which are important for international rail traffic,
– considering that the States should adopt, while
taking into account special public interests, more efficacious measures to
eliminate the obstacles which persist in the crossing of frontiers in
international rail traffic,
– considering that, in the interest of
international carriage by rail, it is important to bring up to date the
international multilateral conventions and agreements which exist in the
railway field and to integrate them, where appropriate, into the Convention,
the
General Assembly has decided the following :
Article
1
New
version of the Convention
COTIF 1980
shall be modified according to the version appearing in the Annex which forms
an integral part of this Protocol.
Article
2
Provisional
Depositary
§ 1.
The functions of the Depositary Government, provided for in Articles 22 to 26
of COTIF 1980, shall be performed by OTIF, as Provisional Depositary, from the
opening for signature of this Protocol and until the date of its entry into
force.
§ 2.
The Provisional Depositary shall inform the Member States
a) of signatures of this Protocol and of the
deposit of instruments of ratification, acceptance, approval or accession,
b) of the day on which this Protocol enters into
force in application of its Article 4,
and
shall perform the other functions of Depositary such as are set forth in Part
VII of the Vienna Convention on the Law of Treaties of 23 May 1969.
Article 3
Signature.
Ratification. Acceptance.
Approval. Accession
§ 1.
This Protocol shall remain open for signature by the Member States until
31 December 1999. The signing shall take place at Berne at the office of
the Provisional Depositary.
§ 2.
In accordance with Article 20 § 1 of COTIF 1980, this Protocol shall be
subject to ratification, acceptance or approval. The instruments of
ratification, acceptance or approval shall be deposited as soon as possible
with the Provisional Depositary.
§ 3.
The Member States which have not signed this Protocol within the period
provided for in § 1, as well as States of which the application to accede
to COTIF 1980 is deemed to have been accepted in accordance with its Article 23
§ 2, may accede to this Protocol before its entry into force by depositing
an instrument of accession with the Provisional Depositary.
§ 4.
The accession of a State to COTIF 1980 in accordance with its Article 23, the
application to accede having been made during the period between the opening of
this Protocol for signature and its entry into force, shall be considered as an
accession to COTIF 1980 as well as to the Convention in its new version which
appears in the Annex to this Protocol.
Article
4
Entry
into force
§ 1.
This Protocol shall enter into force on the first day of the third month
following that during which the Provisional Depositary will have notified the
Member States of the deposit of the instrument by which the conditions of
Article 20 § 2 of COTIF 1980 are fulfilled. States which, at the time of
the decision of the fifth General Assembly, were Member States and which are
still such at the moment when the conditions for entry into force of this
Protocol are satisfied, shall be considered as Member States within the meaning
of the said Article 20 § 2.
§ 2.
However, Article 3 shall be applicable from the opening for signature of this
Protocol.
Article
5
Declarations
and reservations
Declarations
and reservations, provided for in article 42 § 1 of the Convention in the
version in the Annex to this Protocol, may be made or lodged at any time, even
before the entry into force of this Protocol. They shall take effect at the
time of entry into force of this Protocol.
Article
6
Transitional
provisions
§ 1.
At the latest six months after the entry into force of this Protocol, the
Secretary General of OTIF shall convene the General Assembly in order to
a) designate the members of the Administrative
Committee for the next period (Article 14 § 2, letter b) of COTIF in
the version in the Annex to this Protocol) and, if appropriate, to take
decisions about the end of the mandate of the current Administrative Committee,
b) fix, for a period of six years, the maximum
amount that the expenditure of the Organisation may reach during each financial
period (Article 14 § 2, letter e) of COTIF in the version in the Annex to
this Protocol), and
c) proceed, if appropriate, to the election of the
Secretary General (Article 14 § 2, letter c) of COTIF in the version in
the Annex to this Protocol).
§ 2.
At the latest three months after the entry into force of this Protocol, the
Secretary General of OTIF shall convene the Committee of Technical Experts.
§ 3.
After the entry into force of this Protocol, the mandate of the Administrative
Committee, determined in accordance with Article 6 § 2, letter b) of COTIF
1980, shall terminate on the date fixed by the General Assembly which must
coincide with the beginning of the mandate of the members and deputy members of
the Administrative Committee designated by the General Assembly (Article 14
§ 2, letter b) of COTIF in the version in the Annex to this Protocol).
§ 4.
The mandate of the Director General of the Central Office, in office at the
time of entry into force of this Protocol, shall terminate on the expiration of
the period for which he has been appointed in accordance with Article 7
§ 2, letter d) of COTIF 1980. He shall exercise, from the time of entry
into force of this Protocol, the functions of Secretary General.
§ 5.
Even after the entry into force of this Protocol, the relevant provisions of
Articles 6, 7 and 11 of COTIF 1980 shall remain applicable with regard to
a) the auditing of the accounts and the approval
of the annual accounts of the Organisation,
b) the fixing of the definitive contributions of
the Member States to the expenses of the Organisation,
c) the payment of contributions,
d) the maximum amount that the expenditure of the
Organisation may reach during a five-year period, fixed before the entry into
force of this Protocol.
Letters
a) to c) refer to the year during which this Protocol enters into force as well
as to the year which precedes that year.
§ 6.
The definitive contributions of the Member States due for the year during which
this Protocol enters into force, shall be calculated on the basis of Article 11
§ 1 of COTIF 1980.
§ 7.
At the request of the Member State whose contribution calculated pursuant to
Article 26 of the Convention in the version in the Annex to this Protocol
is greater than that for the year 1999, the General Assembly may determine the
contribution of that State for the three years which follow the year of entry
into force of this Protocol, taking account of the following principles :
a) the basis for the determination of the
transitional contribution shall be the minimum contribution pursuant to Article
26 § 3 above referred to or the contribution due for the year 1999 if this
is greater than the minimum contribution;
b) the contribution shall be adapted progressively
in three steps at most to arrive at the amount of the definitive contribution
calculated pursuant to Article 26 above referred to.
This
provision shall not apply to Member States which owe the minimum contribution
which, in any event, shall remain due.
§ 8.
Contracts of carriage of passengers or goods in international traffic between
Member States, concluded pursuant to the CIV Uniform Rules 1980 or the CIM
Uniform Rules 1980, shall remain subject to the Uniform Rules in force at the
time of the conclusion of the contracts even after the entry into force of this
Protocol.
§ 9.
Mandatory provisions of the CUV Uniform Rules and of the CUI Uniform Rules
shall apply to contracts concluded before the entry into force of this Protocol
one year after its entry into force.
Article 7
Texts
of the Protocol
§ 1.
This Protocol shall be concluded and signed in the English, French and German
languages. In the case of divergence, the French text shall prevail.
§ 2.
On a proposal by one of the Member States concerned, the Organisation shall publish
official translations of this Protocol in other languages, if one of these
languages is an official language in the territory of at least two Member
States. These translations shall be prepared in cooperation with the competent
services of the Member States concerned.
In witness
whereof, the undersigned plenipotentiaries duly authorised by their respective
Governments have signed this Protocol.
Done at Vilnius
on 3 June 1999, in one original in each of the English, French and German
languages; these originals shall remain deposited in the archives of OTIF.
Certified copies shall be sent to each of the Member States.
For
the Republic of Albania:
For
the People’s Democratic Republic of Algeria:
For
the Federal Republic of Germany:
For
the Republic of Austria:
For
the Kingdom of Belgium:
For
Bosnia and Herzegovina:
For
the Republic of Bulgaria:
For
the Republic of Croatia:
For
the Kingdom of Denmark:
For
the Kingdom of Spain:
For
the Republic of Finland:
For
the French Republic:
For
the United Kingdom of Great Britain and Northern Ireland:
For
the Hellenic Republic:
For
the Republic of Hungary:
For
the Republic of Iraq:
For
the Islamic Republic of Iran:
For
Ireland:
For
the Italian Republic:
For
the Lebanese Republic:
For
the Principality of Liechtenstein:
For
the Republic of Lithuania:
For
the Grand Duchy of Luxembourg:
For
the Former Yugoslav Republic of Macedonia:
For
the Kingdom of Morocco:
For
the Principality of Monaco:
For
the Kingdom of Norway:
For
the Kingdom of the Netherlands:
For
the Republic of Poland:
For
the Portuguese Republic:
For
Romania:
For
the Slovak Republic:
For
the Republic of Slovenia:
For
the Kingdom of Sweden:
For
the Swiss Confederation:
For
the Syrian Arab Republic:
For
the Czech Republic:
For
the Republic of Tunisia:
For
the Republic of Turkey:
Convention
concerning International Carriage by Rail (COTIF) of 9 May 1980 in the version
of the Protocol of Modification of 3 June 1999
Title I
General
Provisions
Article
1
Intergovernmental
Organisation
§ 1.
The Parties to this Convention shall constitute, as Member States, the
Intergovernmental Organisation for International Carriage by Rail (OTIF),
hereinafter called “the Organisation”.
§ 2.
The headquarters of the Organisation shall be at Berne. The General Assembly
may decide to locate it at another place in one of the Member States.
§ 3.
The Organisation shall have legal personality. It shall in particular have the
capacity to enter into contracts, to acquire and dispose of immovable and
movable assets and to be a party to legal proceedings.
§ 4.
The Organisation, members of its staff, experts called in by it and
representatives of Member States shall enjoy such privileges and immunities as
are necessary to discharge their duties, subject to the conditions laid down in
the Protocol on the Privileges and Immunities of the Organisation, annexed to
the Convention.
§ 5.
Relations between the Organisation and the State in which it has its
headquarters shall be regulated by a Headquarters Agreement.
§ 6.
The working languages of the Organisation shall be English, French and German.
The General Assembly may introduce other working languages.
Article
2
Aim
of the Organisation
§ 1.
The aim of the Organisation shall be to promote, improve and facilitate, in all
respects, international traffic by rail, in particular by
a) establishing systems of uniform law in the
following fields of law :
1. contract
of international carriage of passengers and goods in international through
traffic by rail, including complementary carriage by other modes of transport
subject to a single contract;
2. contract
of use of wagons as means of transport in international rail traffic;
3. contract
of use of infrastructure in international rail traffic;
4. carriage
of dangerous goods in international rail traffic;
b) contributing to the removal, in the shortest
time possible, of obstacles to the crossing of frontiers in international rail
traffic, while taking into account special public interests, to the extent that
the causes of these obstacles are within the responsibility of States;
c) contributing to interoperability and technical
harmonisation in the railway field by the validation of technical standards and
the adoption of uniform technical prescriptions;
d) establishing a uniform procedure for the
technical admission of railway material intended for use in international
traffic;
e) keeping a watch on the application of all the
rules and recommendations established within the Organisation;
f) developing the systems of uniform law, rules
and procedures referred to in letters a) to e) taking account of legal,
economic and technical developments.
§ 2.
The Organisation may
a) within the framework of the aim referred to in
§ 1, elaborate other systems of uniform law;
b) constitute a framework within which the Member
States can elaborate other international conventions aiming to promote, improve
and facilitate international rail traffic.
Article
3
International
cooperation
§ 1.
The Member States undertake to concentrate their international cooperation in
the railway field, in principle, within the framework of the Organisation, and
this to the extent that there exists a coherence in the tasks which are attributed
to it in accordance with Articles 2 and 4. To attain this objective, the
Member States will adopt all measures necessary and useful in order that the
international multilateral conventions and agreements in force to which they
are contracting parties should be adapted, to the extent that these conventions
and agreements concern international cooperation in the railway field and
attribute competences to other intergovernmental or non-governmental
organisations which cut across the tasks attributed to the Organisation.
§ 2.
The obligations resulting from § 1 for the Member States, which are at the
same time Members of the European Communities or States parties to the European
Economic Area Agreement, shall not prevail over their obligations as members of
the European Communities or States parties to the European Economic Area
Agreement.
Article
4
Taking
on and transfer of attributions
§ 1.
By a decision of the General Assembly, the Organisation shall be authorised to
take on, within the framework of its aim as defined in Article 2, the
attributions, resources and obligations which may be transferred to it by other
intergovernmental organisations by virtue of agreements concluded with those
organisations.
§ 2.
The Organisation may, by a decision of the General Assembly, transfer to other
intergovernmental organisations attributions, resources and obligations, by
virtue of agreements concluded with those organisations.
§ 3.
The Organisation may, with the approval of the Administrative Committee, take
on administrative functions related to its aim and which are entrusted to it by
a Member State. The expenses of the Organisation, arising out of these
functions, shall be met by the Member State concerned.
Article
5
Special
obligations of the Member States
§ 1.
The Member States agree to adopt all appropriate measures in order to
facilitate and accelerate international rail traffic. To that end, each Member
State undertakes, to the extent possible, to
a) eliminate any useless procedure,
b) simplify and standardise the formalities
already required,
c) simplify frontier checks.
§ 2.
In order to facilitate and improve international rail traffic, the Member
States agree to lend their support to attain the highest possible degree of
uniformity in the regulations, standards, procedures and methods of
organisation relating to railway vehicles, railway personnel, railway
infrastructure and auxiliary services.
§ 3.
The Member States agree to facilitate the conclusion of agreements between
infrastructure managers intended to optimise international rail traffic.
Article
6
Uniform
Rules
§ 1.
So far as declarations are not made in accordance with Article 42 § 1,
first sentence, international rail traffic and admission of railway material to
use in international traffic shall be governed by:
a) the “Uniform Rules concerning the Contract of
International Carriage of Passengers by Rail (CIV)”, forming Appendix A to the
Convention,
b) the “Uniform Rules concerning the Contract of
International Carriage of Goods by Rail (CIM)”, forming Appendix B to the
Convention,
c) the “Regulation concerning the International
Carriage of Dangerous Goods by Rail
(RID)”,
forming Appendix C to the Convention,
d) the “Uniform Rules concerning Contracts of Use
of Vehicles in International Rail Traffic (CUV)”, forming Appendix D to the
Convention,
e) the “Uniform Rules concerning the Contract of
Use of Infrastructure in International Rail Traffic (CUI)”, forming Appendix E
to the Convention,
f) the “Uniform Rules concerning the Validation of
Technical Standards and the Adoption of Uniform Technical Prescriptions
applicable to Railway Material intended to be used in International Traffic
(APTU)”, forming Appendix F to the Convention,
g) the “Uniform Rules concerning Technical
Admission of Railway Material used in International Traffic (ATMF)”, forming
Appendix G to the Convention,
h) other systems of uniform law elaborated by the
Organisation pursuant to Article 2 § 2, letter a), also forming
Appendices to the Convention.
§ 2.
The Uniform Rules, the Regulation and the systems listed in § 1, including
their Annexes, shall form an integral part of the Convention.
Article
7
Definition
of the expression “Convention”
In the
following provisions the expression “Convention” covers the Convention itself,
the Protocol referred to in article 1 § 4 and the Appendices referred to
in Article 6, including their Annexes.
Title
II
Common
Provisions
Article
8
National
law
§ 1.
When interpreting and applying the Convention, its character of international
law and the necessity to promote uniformity shall be taken into account.
§ 2.
In the absence of provisions in the Convention, national law shall apply.
§ 3.
“National law” means the law of the State in which the person entitled asserts
his rights, including the rules relating to conflict of laws.
Article
9
Unit
of account
§ 1.
The unit of account referred to in the Appendices shall be the Special Drawing
Right as defined by the International Monetary Fund.
§ 2.
The value in Special Drawing Rights of the national currency of a Member State
which is a member of the International Monetary Fund shall be calculated in
accordance with the method applied by the International Monetary Fund for its
own operations and transactions.
§ 3.
The value in Special Drawing Rights of the national currency of a Member State
which is not a member of the International Monetary Fund shall be calculated by
the method determined by that State. This calculation must express in the
national currency a real value as close as possible to that which would result
from the application of § 2.
§ 4.
For a Member State which is not a member of the International Monetary Fund and
whose legislation does not permit the application of § 2 or § 3
above, the unit of account referred to in the Appendices shall be deemed to be
equal to three gold francs. The gold franc is defined as 10/31 of a gramme of
gold of millesimal fineness 900. The conversion of the gold franc must express
in the national currency a real value as close as possible to that which would
result from the application of § 2.
§ 5.
Within three months after the entry into force of the Convention and each time
that a change occurs in their method of calculation or in the value of their
national currency in relation to the unit of account, States shall notify the
Secretary General of their method of calculation in accordance with § 3 or
of the results of the conversion in accordance with § 4. The latter shall
inform the Member States of these notifications.
§ 6.
An amount expressed in units of account shall be converted into the national
currency of the State of the court or tribunal seized. The conversion shall be
made in accordance with the value of the corresponding currency on the day of
the judicial decision or on the day agreed between the parties.
Article
10
Supplementary
provisions
§ 1.
Two or more Member States or two or more carriers may agree supplementary
provisions for the execution of the CIV Uniform Rules and the CIM Uniform
Rules; they may not derogate from these Uniform Rules.
§ 2.
The supplementary provisions referred to in § 1 shall be put into force
and published in the manner required by the laws and prescriptions of each
State. The supplementary provisions of States and their coming into force shall
be notified to the Secretary General. He shall inform the Member States of
these notifications.
Article
11
Security
for costs
Security for
costs cannot be required in proceedings founded on the CIV Uniform Rules, the
CIM Uniform Rules, the CUV Uniform Rules or the CUI Uniform Rules.
Article
12
Execution
of judgments. Attachment
§ 1.
Judgments pronounced by the competent court or tribunal pursuant to the
provisions of the Convention after trial or by default shall, when they have
become enforceable under the law applied by that court or tribunal, become
enforceable in each of the other Member States on completion of the formalities
required in the State where enforcement is to take place. The merits of the
case shall not be subject to review. These provisions shall apply also to
judicial settlements.
§ 2.
§ 1 shall apply neither to judgments which are provisionally enforceable,
nor to awards of damages in addition to costs against a plaintiff who fails in
his action.
§ 3.
Debts arising from a transport operation subject to the CIV Uniform Rules or
the CIM Uniform Rules, owed to one transport undertaking by another transport
undertaking not under the jurisdiction of the same Member State, may only be
attached under a judgment given by the judicial authority of the Member State
which has jurisdiction over the undertaking entitled to payment of the debt
sought to be attached.
§ 4.
Debts arising from a contract subject to the CUV Uniform Rules or the CUI
Uniform Rules may only be attached under a judgment given by the judicial
authority of the Member State which has jurisdiction over the undertaking
entitled to payment of the debts sought to be attached.
§ 5.
Railway vehicles may only be seized on a territory other than that of the
Member State in which the keeper has its registered office, under a judgment
given by the judicial authority of that State. The term “keeper” means the
person who, being the owner or having the right to dispose of it, exploits the
railway vehicle economically in a permanent manner as a means of transport.
Title
III
Structure
and Functioning
Article 13
Organs
§ 1.
The functioning of the Organisation shall be ensured by the following organs:
a) the General Assembly,
b) the Administrative Committee,
c) the Revision Committee,
d) the Committee of Experts for the Carriage of
Dangerous Goods (RID Expert Committee),
e) the Rail Facilitation Committee,
f) the Committee of Technical Experts,
g) the Secretary General.
§ 2.
The General Assembly may decide to establish temporarily other committees for
specific tasks.
§ 3.
On the determination of the quorum in the General Assembly or in the Committees
referred to in § 1, letters c) to f), Member States which do not have the
right to vote (Article 14 § 5, Article 26 § 7 or Article 40 § 4)
shall not be taken into account.
§ 4.
The chairmanship of the General Assembly, the chairmanship of the
Administrative Committee as well as the function of Secretary General must, in
principle, be conferred on nationals of different Member States.
Article
14
General
Assembly
§ 1.
The General Assembly shall be composed of all Member States.
§ 2.
The General Assembly shall :
a) establish its rules of procedure;
b) designate the members of the Administrative
Committee as well as a deputy member for each member and elect the Member State
which will provide the chairmanship of it (Article 15 §§ 1 to 3);
c) elect the Secretary General (Article 21
§ 2);
d) issue directives concerning the activity of the
Administrative Committee and the Secretary General;
e) fix, for six-year periods, the maximum amount
that the expenditure of the Organisation may reach in each budgetary period
(article 25); if not, it shall issue directives relating to the limitation of
that expenditure for a period no longer than six years;
f) decide whether the headquarters of the
Organisation should be located at another place (Article 1 § 2);
g) take decisions about the introduction of other
working languages (Article 1 § 6);
h) take decisions about the taking on of other
attributions by the Organisation (Article 4 § 1) and the transfer of
attributions of the Organisation to another intergovernmental organisation
(Article 4 § 2);
i) decide, if necessary, on the temporary
establishment of other committees for specific tasks (Article 13 § 2);
j) consider whether the attitude of a State should
be regarded as a tacit denunciation (Article 26 § 7);
k) decide whether to entrust the carrying out of
the auditing of the accounts to another Member State than the Headquarters
State (Article 27 § 1);
l) take decisions about proposals aiming to modify
the Convention (Article 33 §§ 2 and 3);
m) take decisions about applications for accession
submitted to the General Assembly (Article 37 § 4);
n) take decisions about the conditions of
accession of a regional economic integration organisation (Article 38
§ 1);
o) take decisions about applications for
association submitted to it (Article 39 § 1);
p) take decisions about the dissolution of the
Organisation and about the possible transfer of its attributions to another
intergovernmental organisation (Article 43);
q) take decisions about other questions placed on
the agenda.
§ 3.
The Secretary General shall convene the General Assembly once every three years
or at the request either of one-third of the Member States or of the
Administrative Committee, as well as in the cases referred to in Article 33
§§ 2 and 3 and in Article 37 § 4. He shall send the draft agenda to
the Member States at least three months before the opening of the session, in
accordance with the conditions defined by the rules of procedure referred to in
§ 1, letter a).
§ 4.
There shall be a quorum (Article 13 § 3) in the General Assembly when the
majority of the Member States are represented there. A Member State may arrange
to be represented by another Member State; however a State may not represent
more than one other State.
§ 5.
In the case of a vote in the General Assembly concerning modifications of the
Appendices to the Convention, Member States which have made a declaration in
respect of the Appendix in question pursuant to Article 42 § 1, first
sentence, shall not have the right to vote.
§ 6.
The General Assembly shall take its decisions by the majority of the Member
States represented at the time of the vote, save in the case of § 2,
letters e), f), g), h), l) and p) as well as of Article 34 § 6, for which
the majority shall be two-thirds. However, in the case of § 2, letter l) the
majority shall be two-thirds only in the case of proposals aiming to modify the
Convention itself, with the exception of Articles 9 and 27 §§ 2 to 10 and
the Protocol referred to in Article 1 § 4.
§ 7.
On the invitation of the Secretary General, issued with the agreement of a
majority of the Member States,
a) States which are not members of the
Organisation,
b) international organisations and associations
having competence for questions concerning the Organisation’s activities or
dealing with problems which have been placed on the agenda,
may
attend sessions of the General Assembly in an advisory capacity.
Article
15
Administrative
Committee
§ 1.
The Administrative Committee shall be composed of a third of the Member States.
§ 2.
The members of the Committee and one deputy member for each of them as well as
the Member State which chairs the Committee shall be designated for three
years. The composition of the Committee shall be determined for each period,
having regard in particular to an equitable geographical distribution. A deputy
member that becomes a member of the Committee in the course of a period must be
designated as a member of the Committee for the period which follows.
§ 3.
If a vacancy occurs or the right to vote of a member is suspended or in the
case of absence of a member for two consecutive sessions of the Committee,
without the member arranging to be represented by another member in accordance
with § 6, the deputy member designated by the General Assembly shall
exercise its functions for the remainder of the period.
§ 4.
With the exception of the case referred to in § 3, no Member State may sit
on the Committee for more than two full consecutive periods.
§ 5.
The Committee shall :
a) establish its rules of procedure;
b) conclude the Headquarters Agreement;
c) establish the staff regulation for the
Organisation;
d) appoint, taking account of the ability of the
candidates and an equitable geographical distribution, the senior officers of
the Organisation;
e) establish a regulation concerning the finances
and book-keeping of the Organisation;
f) approve the work programme, budget, management
report and accounts of the Organisation;
g) fix, on the basis of the approved accounts, the
definitive contributions due from the Member States in accordance with Article
26 for the two previous calendar years, as well as the amount of the treasury
advance due from the Member States in accordance with Article 26 § 5 for
the current year and the next calendar year;
h) determine the attributions of the Organisation
which concern all the Member States or only some of the Member States as well
as the expenses to be borne, in consequence, by these Member States (Article 26
§ 4);
i) fix the amount of specific remuneration
(Article 26 § 11);
j) issue special directives concerning the
auditing of accounts (Article 27 §1);
k) approve the taking on of administrative
functions by the Organisation (Article 4 § 3) and fix the specific
contributions due from the Member State concerned;
l) send to the Member States the management
report, the statement of accounts as well as its decisions and recommendations;
m) prepare and send to the Member States, with a
view to the General Assembly which is to decide the composition of the
Committee, at least two months before the opening of the session, a report on
its activity as well as proposals as to how it should be reconstituted (Article
14 § 2, letter b));
n) keep a check on the conduct of business by the
Secretary General;
o) keep a watch on the proper application of the
Convention by the Secretary General and the execution, by the Secretary
General, of decisions taken by the other organs; to this end, the Committee may
take all measures likely to improve the application of the Convention and of
the above mentioned decisions;
p) give reasoned opinions on questions which may
affect the work of the Organisation and are submitted to the Committee by a
Member State or by the Secretary General;
q) resolve disputes between a Member State and the
Secretary General with respect to his function as Depositary (Article 36
§ 2);
r) take decisions about applications for
suspension of membership (Article 40).
§ 6.
There shall be a quorum in the Administrative Committee when two-thirds of its
members are represented there. However, a member may arrange to be represented
by another member; no member may however represent more than one other member.
§ 7.
The Committee shall take its decisions by the majority of the members
represented at the time of vote.
§ 8.
Unless it decides otherwise, the Committee shall meet at the headquarters of
the Organisation. The minutes of its meetings shall be sent to all Member
States.
§ 9.
The Chairman of the Committee shall :
a) convene the Committee at least once a year as
well as at the request of four of its members or of the Secretary General;
b) send to the members of the Committee the draft
agenda;
c) deal, within the limits and under the
conditions laid down in the rules of procedure, with urgent questions arising
in the interval between meetings;
d) sign the Headquarters Agreement referred to in
§ 5, letter b).
§ 10.
The Committee may, within the limits of its own responsibilities, instruct the
Chairman to carry out certain specific tasks.
Article
16
Other
Committees
§ 1.
The Committees referred to in Article 13 § 1, letters c) to f) and
§ 2 shall be composed, in principle, of all Member States. When the
Revision Committee, the RID Expert Committee or the Committee of Technical
Experts deliberate and take decisions, within the limits of their competence,
about modifications of the Appendices to the Convention, Member States which
have made a declaration in respect of the Appendices in question pursuant to
Article 42 § 1, first sentence, shall not be members of the Committee
concerned.
§ 2.
The Secretary General shall convene the Committees either on his own initiative
or at the request of five Member States or of the Administrative Committee. The
Secretary General shall send the draft agenda to the Member States at least two
months before the opening of the meeting.
§ 3.
A Member State may arrange to be represented by another Member State; no State
may however represent more than two other States.
§ 4.
Each Member State represented shall have one vote. A proposal shall be adopted
if the number of votes in favour is :
a) equal to at least one-third of the number of
Member States represented at the time of the vote and
b) greater than the number of votes against.
§ 5.
On the invitation of the Secretary General, issued with the agreement of a
majority of the Member States,
a) States which are not members of the
Organisation,
b) Member States which, however, are not members
of the Committee concerned,
c) international organisations and associations
having competence for questions concerning the Organisation’s activities or
dealing with problems which have been placed on the agenda,
may
attend meetings of the Committees in an advisory capacity.
§ 6.
The Committees shall elect for each meeting or for an agreed period a Chairman
and one or several Deputy Chairmen.
§ 7.
The proceedings shall be conducted in the working languages. The substance of
what is said during a meeting in one of the working languages shall be
translated into the other working languages; proposals and decisions shall be
translated in full.
§ 8.
The minutes shall summarise the proceedings. Proposals and decisions shall be
reproduced in full. With regard to decisions, the French text shall prevail.
The minutes shall be sent to all Member States.
§ 9.
The Committees may appoint working groups to deal with specific questions.
§ 10.
The Committees shall establish their rules of procedure.
Article
17
Revision
Committee
§ 1.
The Revision Committee shall :
a) take decisions, in accordance with Article 33
§ 4, about proposals aiming to modify the Convention;
b) consider proposals to be submitted, in
accordance with Article 33 § 2, to the General Assembly for decision.
§ 2.
There shall be a quorum (Article 13 § 3) in the Revision Committee when
the majority of the Member States are represented there.
Article
18
RID
Expert Committee
§ 1.
The RID Expert Committee shall take decisions, in accordance with Article 33
§ 5, about proposals aiming to modify the Convention.
§ 2.
There shall be a quorum (Article 13 § 3) in the RID Expert Committee when
one-third of the Member States are represented there.
Article
19
Rail
Facilitation Committee
§ 1.
The Rail Facilitation Committee shall :
a) give its opinion on all questions aiming to
facilitate frontier crossing in international rail traffic;
b) recommend standards, methods, procedures and
practices relating to rail facilitation.
§ 2.
There shall be a quorum (Article 13 § 3) in the Rail Facilitation
Committee when one-third of the Member States are represented there.
Article
20
Committee
of Technical Experts
§ 1.
The Committee of Technical Experts shall :
a) take decisions, in accordance with Article 5 of
the APTU Uniform Rules, about the validation of a technical standard relating
to railway material intended to be used in international traffic;
b) take decisions, in accordance with Article 6 of
the APTU Uniform Rules, about the adoption of a uniform technical prescription
relating to the construction, operation, maintenance or relating to a procedure
concerning railway material intended to be used in international traffic;
c) keep a watch on the application of technical
standards and uniform technical prescriptions relating to railway material
intended to be used in international traffic and examine their development with
a view to their validation or adoption in accordance with the procedures
provided for in Articles 5 and 6 of the APTU Uniform Rules;
d) take decisions, in accordance with Article 33
§ 6, about proposals aiming to modify the Convention;
e) deal with all other matters which are assigned
to it in accordance with the APTU Uniform Rules and the ATMF Uniform Rules.
§ 2.
There shall be a quorum (Article 13 § 3) in the Committee of Technical
Experts, when one-half of the Member States, within the meaning of Article 16
§ 1, are represented there. When the Committee is taking decisions about
provisions of the Annexes to the APTU Uniform Rules, Member States which have
made an objection, in accordance with Article 35 § 4, with regard to the
provisions concerned or have made a declaration, in accordance with Article 9
§ 1 of the APTU Uniform Rules, shall not have the right to vote.
§ 3.
The Committee of Technical Experts may either validate technical standards or
adopt uniform technical prescriptions or refuse to validate or adopt them; it
may not under any circumstances modify them.
Article
21
Secretary
General
§ 1.
The Secretary General shall assume the functions of Secretariat of the
Organisation.
§ 2.
The Secretary General shall be elected by the General Assembly for a period of
three years, renewable twice at most.
§ 3.
The Secretary General must, in particular :
a) assume the functions of Depositary (Article
36);
b) represent the Organisation externally;
c) send to Member States the decisions taken by
the General Assembly and by the Committees (Article 34 § 1, Article 35
§ 1);
d) carry out the duties entrusted to him by the
other organs of the Organisation;
e) examine proposals of the Member States aiming
to modify the Convention, if necessary with the assistance of experts;
f) convene the General Assembly and the other
Committees (Article 14 § 3, Article 16 § 2);
g) send to Member States, in due time, the
documents necessary for the meetings of the various organs;
h) draw up the work programme, draft budget and
management report of the Organisation and submit them to the Administrative
Committee for approval (Article 25);
i) manage the financial affairs of the
Organisation within the limits of the approved budget;
j) endeavour, at the request of one of the parties
concerned, by using his good offices, to settle disputes between them arising
from the interpretation or application of the Convention;
k) give, at the request of all parties concerned,
an opinion on disputes arising from the interpretation or application of the
Convention;
l) assume the functions which are attributed to
him by Title V;
m) receive communications from the Member States,
international organisations and associations referred to in Article 16
§ 5, and from the undertakings (carriers, infrastructure managers, etc.)
participating in international rail traffic, and notify them, where
appropriate, to the other Member States, international organisations and
associations as well as undertakings;
n) exercise the management of the staff of the
Organisation;
o) inform the Member States, in due time, of any
vacancy in the posts of the Organisation;
p) maintain and publish the lists of lines and
services referred to in Article 24.
§ 4.
The Secretary General may, on his own initiative, present proposals aiming to
modify the Convention.
Article 22
Staff
of the Organisation
The rights and
duties of the staff of the Organisation shall be laid down by the staff
regulation established by the Administrative Committee in accordance with
Article 15 § 5, letter c).
Article 23
Bulletin
§ 1.
The Organisation shall publish a bulletin which shall contain official
communications as well as others necessary or useful with respect to the
application of the Convention.
§ 2.
The communications for which the Secretary General is responsible under the
Convention may, if necessary, be made in the form of a publication in the
Bulletin.
Article
24
Lists
of lines or services
§ 1.
The maritime and inland waterway services referred to in Article 1 of the CIV
Uniform Rules and of the CIM Uniform Rules, on which carriage is performed in
addition to carriage by rail subject to a single contract of carriage, shall be
included in two lists :
a) the CIV list of maritime and inland waterway
services,
b) the CIM list of maritime and inland waterway
services.
§ 2.
The railway lines of a Member State which has lodged a reservation in
accordance with Article 1 § 6 of the CIV Uniform Rules or in accordance
with Article 1 § 6 of the CIM Uniform Rules shall be included in two lists
in accordance with that reservation :
a) the CIV list of railway lines,
b) the CIM list of railway lines.
§ 3.
Member States shall send to the Secretary General their notifications
concerning the inclusion or deletion of lines or services referred to in
§§ 1 and 2. In so far as they link Member States, the maritime and inland
waterway services referred to in § 1 shall only be included in the lists
with the agreement of those States; for the deletion of such a service,
notification by one of those States shall suffice.
§ 4.
The Secretary General shall notify all Member States of the inclusion or
deletion of a line or a service.
§ 5.
Carriage on the maritime and inland waterway services referred to in § 1
and carriage on the railway lines referred to in § 2 shall be subject to
the provisions of the Convention on the expiration of one month running from
the date of the notification of their inclusion by the Secretary General. Such
a service or line shall cease to be subject to the provisions of the Convention
on the expiration of three months running from the date of the notification of
the deletion by the Secretary General, save in respect of carriage underway
which must be finished.
Title
IV
Finances
Article
25
Work
programme. Budget. Accounts. Management report
§ 1.
The work programme, budget and accounts of the Organisation shall cover a period
of two calendar years.
§ 2.
The Organisation shall publish a management report at least every two years.
§ 3.
The total amount of expenditure of the Organisation shall be fixed, for each
budgetary period, by the Administrative Committee on a proposal by the
Secretary General.
Article
26
Financing
the expenditure
§ 1.
Subject to §§ 2 to 4, the expenditure of the Organisation, not covered by
other receipts, shall be met by the Member States as to two fifths on the basis
of the United Nations system of apportioning contributions, and as to three
fifths in proportion to the total length of railway infrastructure as well as
of the maritime and inland waterway services included in accordance with
Article 24 § 1. However, maritime and inland waterway services shall count
only in respect of one-half of the length of their routes.
§ 2.
When a Member State has lodged a reservation in accordance with Article 1
§ 6 of the CIV Uniform Rules or in accordance with Article 1 § 6 of
the CIM Uniform Rules, the contribution formula referred to in § 1 shall
be applied as follows :
a) instead of the total length of railway
infrastructure on the territory of that Member State only the length of railway
lines included in accordance with Article 24 § 2 shall be taken into account;
b) the part of the contribution according to the
United Nations system shall be calculated pro rata as a function of the length
of the lines and services included in accordance with Article 24 §§ 1 and
2 in relation to the total length of railway infrastructure on the territory of
that Member State plus the length of the services included in accordance with
Article 24 § 1, but with a minimum of 0.01 per cent.
§ 3.
Each Member State shall meet at least 0.25 per cent and at most 15 per cent of
the contributions.
§ 4.
The Administrative Committee shall determine the attributions of the
Organisation concerning
a) all the Member States equally and the
expenditure which shall be met by all Member States according to the formula
referred to in § 1,
b) only some of the Member States and the
expenditure which shall be met by those Member States according to the same
formula.
§ 3
shall apply mutatis mutandis. These provisions shall not affect Article 4
§ 3.
§ 5.
The contributions of the Member States to the expenditure of the Organisation
shall be due in the form of a treasury advance payable in two instalments at
the latest by the 31 October of each of the two years covered by the budget.
The treasury advance shall be fixed on the basis of the definitive
contributions for the two preceding years.
§ 6.
When sending the management report and statement of accounts to the Member
States, the Secretary General shall notify the definitive amount of the
contribution for the two previous calendar years as well as the amount of the
treasury advance in respect of the two calendar years to come.
§ 7.
After the 31 December of the year the notification is made by the Secretary
General in accordance with § 6, the amounts due for the last two calendar
years shall bear interest at the rate of five per cent per annum. If, one year
after that date, a Member State has not paid its contribution, its right to
vote shall be suspended until it has fulfilled its obligation to pay. On expiry
of a further period of two years, the General Assembly shall consider whether
the attitude of that State should be regarded as a tacit denunciation of the
Convention and, where necessary, shall determine the effective date thereof.
§ 8.
Contributions overdue shall remain payable in the cases of denunciation
pursuant to § 7 or Article 41, and in cases of suspension of the right to
vote referred to in Article 40 § 4, letter b).
§ 9.
Sums not recovered shall be made good out of the resources of the Organisation.
§ 10.
A Member State which has denounced the Convention may become a Member State
again by accession, provided that it has paid the sums which it owes.
§ 11.
A charge shall be made by the Organisation to cover the special expenses
arising from activities provided for in Article 21 § 3, letters j) to l).
In the cases provided for in Article 21 § 3, letters j) and k), that
charge shall be determined by the Administrative Committee on the basis of a
proposal by the Secretary General. In the case provided for in Article 21
§ 3, letter l), Article 31 § 3 shall apply.
Article
27
Auditing
of accounts
§ 1.
In the absence of a contrary decision by the General Assembly pursuant to
article 14 § 2, letter k), the auditing of accounts shall be carried out
by the Headquarters State, according to the rules laid down in this Article
and, subject to any special directives of the Administrative Committee, in
conformity with the Financial and Accounting Regulation of the Organisation
(Article 15 § 5, letter e)).
§ 2.
The Auditor shall audit the accounts of the Organisation, including all the
trust funds and special accounts, as he considers necessary in order to ensure
:
a) that the financial statements are in conformity
with the ledgers and accounts of the Organisation;
b)
that the financial transactions which the
statements account for have been carried out in conformity with the rules and
regulations, budgetary provisions and other directives of the Organisation;
c)
that effects and cash held at banks or in
the cash box have either been audited by reference to certificates received
directly from the depositaries, or actually counted;
d)
that the internal checks, including the
internal audit of the accounts, are adequate;
e)
that all assets and liabilities as well
as all surpluses and deficits have been posted according to procedures that he
considers satisfactory.
§ 3.
Only the Auditor shall be competent to accept in whole or in part certificates
and supporting documents furnished by the Secretary General. If he considers it
appropriate, he may undertake an examination and detailed audit of any
accounting record relating either to financial transactions or to supplies and
equipment.
§ 4.
The Auditor shall have unrestricted access, at any time, to all ledgers,
accounts, accounting documents and other information which he considers
needful.
§ 5.
The Auditor shall not be competent to reject such and such a heading of the
accounts, but he shall immediately draw to the attention of the Secretary
General any transaction of which the regularity or appropriateness appears to
him to be questionable, so that the latter may take the requisite measures.
§ 6.
The Auditor shall present and sign a certificate in respect of the financial
statements with the following wording: “I have examined the financial
statements of the Organisation for the budgetary period which ended on 31
December...... My examination consisted of a general analysis of the accounting
methods and the checking of the accounting records and other evidence which I
judged necessary in the circumstances.” That certificate shall indicate,
according to the circumstances, that:
a) the financial statements satisfactorily reflect
the financial position at the date of expiry of the period in question as well
as the results of the transactions carried out during the period which ended on
that date;
b)
the financial statements have been drawn
up in accordance with the accounting principles mentioned;
c)
the financial principles have been
applied in accordance with procedures which accord with those adopted during
the previous budgetary period;
d)
the financial transactions have been
carried out in conformity with the rules and regulations, budgetary provisions
and other directives of the Organisation.
§ 7.
In his report on the financial transactions, the Auditor shall mention:
a) the nature and extent of the audit which he has
carried out;
b) factors connected with the completeness or
correctness of the accounts, including as appropriate :
1. information
necessary for the correct interpretation and assessment of the accounts;
2. any sum which ought to have been collected but
which has not been passed to account;
3. any sum which has been the subject of a regular
or conditional expenditure commitment and which has not been posted or which
has not been taken into account in the financial statements;
4. expenditure
in support of which no sufficient vouchers have been produced;
5. whether
or not ledgers have been kept in good and due form; it is necessary to note
cases where the material presentation of the financial statements diverges from
accounting principles generally recognised and invariably applied;
c) other matters to which the attention of the
Administrative Committee should be drawn, for example:
1. cases of fraud or presumption of fraud;
2. wastage
or irregular use of funds or other assets of the Organisation (even when the
accounts relating to the transaction carried out were in order);
3. expenditure
which could subsequently lead to considerable costs for the Organisation;
4. any defects, general or particular, in the
system of checking receipts and expenses or supplies and equipment;
5. expenditure
not in conformity with the intentions of the Administrative Committee, taking
account of transfers duly authorised within the draft budget;
6. overstepping
of appropriations, taking account of changes resulting from transfers duly
authorised within the draft budget;
7. expenditure
not in conformity with the authorisations which govern it;
d) the correctness or incorrectness of the
accounts relating to supplies and equipment, established from the inventory and
the examination of the ledgers.
In
addition, the report may mention transactions which have been posted in the
course of an earlier budgetary period and about which new information has been
obtained or transactions which are to be carried out in the course of a later
financial period and about which it seems desirable to inform the Administrative
Committee in advance.
§ 8.
The Auditor must on no account include criticisms in his report without first
affording the Secretary General an opportunity of giving an explanation.
§ 9.
The Auditor shall inform the Administrative Committee and the Secretary General
of the findings of the audit. He may, in addition, submit any comments that he
considers appropriate about the financial report of the Secretary General.
§ 10.
Where the Auditor has carried out a summary audit or has not obtained adequate
supporting documents, he must mention the fact in his certificate and his
report, specifying the reasons for his observations as well as the consequences
which result therefrom for the financial position and the posted financial
transactions.
Title V
Arbitration
Article 28
Competence
§ 1.
Disputes between Member States arising from the interpretation or application
of the Convention, as well as disputes between Member States and the
Organisation arising from the interpretation or application of the Protocol on
Privileges and Immunities may, at the request of one of the parties, be
referred to an Arbitration Tribunal. The parties shall freely determine the
composition of the Arbitration Tribunal and the arbitration procedure.
§ 2.
Other disputes arising from the interpretation or application of the Convention
and of other conventions elaborated by the Organisation in accordance with
Article 2 § 2, if not settled amicably or brought before the ordinary
courts or tribunals may, by agreement between the parties concerned, be
referred to an Arbitration Tribunal. Articles 29 to 32 shall apply to the
composition of the Arbitration Tribunal and the arbitration procedure.
§ 3.
Any State may, at the time of its application for accession to the Convention,
reserve the right not to apply all or part of the provisions of §§ 1 and
2.
§ 4.
A State which has made a reservation pursuant to § 3 may withdraw it at
any time by informing the Depositary. This withdrawal shall take effect one
month after the date on which the Depositary notifies it to the Member States.
Article
29
Agreement
to refer to arbitration. Registrar
The Parties
shall conclude an agreement to refer to arbitration, which shall, in
particular, specify:
a) the subject matter of the dispute;
b) the composition of the Tribunal and the period
agreed for nomination of the arbitrator or arbitrators;
c) the place where it is agreed that the Tribunal
is to sit.
The
agreement to refer to arbitration must be communicated to the Secretary General
who shall act as Registrar.
Article 30
Arbitrators
§ 1.
A panel of arbitrators shall be established and kept up to date by the
Secretary General. Each Member State may nominate two of its nationals to the
panel of arbitrators.
§ 2.
The Arbitration Tribunal shall be composed of one, three or five arbitrators in
accordance with the agreement to refer to arbitration. The arbitrators shall be
selected from persons who are on the panel referred to in § 1.
Nevertheless, if the agreement to refer to arbitration provides for five
arbitrators, each of the parties may select one arbitrator who is not on the
panel. If the agreement to refer to arbitration provides for a sole arbitrator,
he shall be selected by mutual agreement between the parties. If the agreement
to refer to arbitration provides for three or five arbitrators, each party
shall select one or two arbitrators as the case may be; these, by mutual
agreement, shall appoint the third or fifth arbitrator, who shall be President
of the Arbitration Tribunal. If the parties cannot agree on the selection of a
sole arbitrator, or the selected arbitrators cannot agree on the appointment of
a third or fifth arbitrator, the appointment shall be made by the Secretary
General.
§ 3.
The sole arbitrator, or the third or fifth arbitrator, must be of a nationality
other than that of either party, unless both are of the same nationality.
§ 4.
The intervention of a third party in the dispute shall not affect the
composition of the Arbitration Tribunal.
Article
31
Procedure.
Costs
§ 1.
The Arbitration Tribunal shall decide the procedure to be followed having
regard in particular to the following provisions:
a) it shall enquire into and determine cases on
the basis of the evidence submitted by the parties, but will not be bound by
their interpretations when it is called upon to decide a question of law;
b) it may not award more than the claimant has
claimed, nor anything of a different nature, nor may it award less than the
defendant has acknowledged as due;
c) the arbitration award, setting forth the
reasons for the decision, shall be drawn up by the Arbitration Tribunal and
notified to the parties by the Secretary General;
d) save where the mandatory provisions of the law
of the place where the Arbitration Tribunal is sitting otherwise provide and
subject to contrary agreement by the parties, the arbitration award shall be
final.
§ 2.
The fees of the arbitrators shall be determined by the Secretary General.
§ 3.
The Tribunal shall determine in its award the amount of costs and expenses and
shall decide how they and the fees of the arbitrators are to be apportioned
between the parties.
Article
32
Limitation.
Enforcement
§ 1.
The commencement of arbitration proceedings shall have the same effect, as
regards the interruption of periods of limitation, as that attributed by the
applicable provisions of substantive law to the institution of an action in the
ordinary courts or tribunals.
§ 2.
The Arbitration Tribunal’s award shall become enforceable in each of the Member
States on completion of the formalities required in the State where enforcement
is to take place. The merits of the case shall not be subject to review.
Title
VI
Modification
of the Convention
Article 33
Competence
§ 1.
The Secretary General shall immediately bring to the notice of the Member
States proposals aiming to modify the Convention, which have been sent to him
by the Member States or which he has prepared himself.
§ 2.
The General Assembly shall take decisions about proposals aiming to modify the
Convention in so far as §§ 4 to 6 do not provide for another competence.
§ 3.
When seized of a modification proposal the General Assembly may decide, by the
majority provided for under Article 14 § 6, that such proposal is closely
linked with one or more provisions of the Appendices to the Convention. In that
case as well as in the cases referred to in §§ 4 to 6, second sentences,
the General Assembly is also empowered to take decisions about the modification
of such provision or provisions of the Appendices.
§ 4.
Subject to decisions taken by the General Assembly in accordance with § 3,
first sentence, the Revision Committee shall take decisions about proposals
aiming to modify :
a) Articles 9 and 27 §§ 2 to 10;
b) the CIV Uniform Rules except Articles 1, 2, 5,
6, 16, 26 to 39, 41 to 53 and 56 to 60;
c) the CIM Uniform Rules except Articles 1, 5, 6
§§ 1 and 2, Articles 8, 12, 13 § 2, Articles 14, 15 §§ 2 and 3,
Article 19 §§ 6 and 7 and Articles 23 to 27, 30 to 33, 36 to 41 and 44 to
48;
d) the CUV Uniform Rules except Articles 1, 4, 5
and 7 to 12;
e) the CUI Uniform Rules except Articles 1, 2, 4,
8 to 15, 17 to 19, 21, 23 to 25;
f) the APTU Uniform Rules except Articles 1, 3 and
9 to 11 and the Annexes of these Uniform Rules;
g) the ATMF Uniform Rules except Articles 1, 3 and
9.
When
modification proposals are submitted to the Revision Committee in accordance
with letters a) to g), one-third of the States represented on the Committee may
require these proposals to be submitted to the General Assembly for decision.
§ 5.
The RID Expert Committee shall take decisions about proposals aiming to modify
the provisions of the Regulation concerning the International Carriage of
Dangerous Goods by Rail (RID). When such proposals are submitted to the RID
Expert Committee, one-third of the States represented on the Committee may
require these proposals to be submitted to the General Assembly for decision.
§ 6.
The Committee of Technical Experts shall decide on proposals aiming to modify
the Annexes to the APTU Uniform Rules. When such proposals are submitted to the
Committee of Technical Experts, one-third of the States represented on the
Committee may require these proposals to be submitted to the General Assembly
for decision.
Article
34
Decisions
of the General Assembly
§ 1.
Modifications of the Convention decided upon by the General Assembly shall be
notified to the Member States by the Secretary General.
§ 2.
Modifications of the Convention itself, decided upon by the General Assembly,
shall enter into force for all Member States twelve months after their approval
by two-thirds of the Member States with the exception of those which, before
the entry into force, have made a declaration in terms that they do not approve
such modifications.
§ 3.
Modifications of the Appendices to the Convention, decided upon by the General
Assembly, shall enter into force for all Member States twelve months after
their approval by half of the Member States which have not made a declaration
pursuant to Article 42 § 1, first sentence, with the exception of those
which, before the entry into force, have made a declaration in terms that they
do not approve such modifications and with the exception of those which have
made a declaration pursuant to Article 42 § 1, first sentence.
§ 4.
The Member States shall address their notifications concerning the approval of
modifications of the Convention decided upon by the General Assembly as well as
their declarations in terms that they do not approve such modifications, to the
Secretary General. The Secretary General shall give notice of them to the other
Member States.
§ 5.
The period referred to in §§ 2 and 3 shall run from the day of the notification
by the Secretary General that the conditions for the entry into force of the
modifications are fulfilled.
§ 6.
The General Assembly may specify, at the time of adoption of a modification,
that it is such that any Member State which will have made a declaration
pursuant to § 2 or § 3 and which will not have approved the
modification within the period of eighteen months running from its entry into
force will cease, on the expiration of this period, to be a Member State of the
Organisation.
§ 7.
When decisions of the General Assembly concern Appendices to the Convention,
the application of the Appendix in question shall be suspended, in its
entirety, from the entry into force of the decisions, for traffic with and
between the Member States which have, in accordance with § 3, opposed the
decisions within the period allowed. The Secretary General shall notify the
Member States of that suspension; it shall come to an end on the expiration of
a month from the day on which the Secretary General notified the other Member
States of the withdrawal of opposition.
Article
35
Decisions
of the Committees
§ 1.
Modifications of the Convention, decided upon by the Committees, shall be
notified to the Member States by the Secretary General.
§ 2.
Modifications of the Convention itself, decided upon by the Revision Committee,
shall enter into force for all Member States on the first day of the twelfth
month following that during which the Secretary General has given notice of
them to the Member States. Member States may formulate an objection during the
four months from the day of the notification. In the case of objection by
one-quarter of the Member States, the modification shall not enter into force.
If a Member State formulates an objection against a decision of the Revision
Committee within the period of four months and it denounces the Convention, the
denunciation shall take effect on the date provided for the entry into force of
that decision.
§ 3.
Modifications of Appendices to the Convention, decided upon by the Revision
Committee, shall enter into force for all Member States on the first day of the
twelfth month following that during which the Secretary General has given
notice of them to the Member States. Modifications decided upon by the RID
Expert Committee or by the Committee of Technical Experts shall enter into
force for all Member States on the first day of the sixth month following that
during which the Secretary General has given notice of them to the Member
States.
§ 4.
Member States may formulate an objection within the period of four months from
the day of the notification referred to in § 3. In the case of objection
by one-quarter of the Member States, the modification shall not enter into
force. In the Member States which have formulated objections against a decision
within the period allowed, the application of the Appendix in question shall be
suspended, in its entirety, from the moment the decisions take effect, in so
far as concerns traffic with and between those Member States. However, in the case
of objection to the validation of a technical standard or to the adoption of a
uniform technical prescription, only that standard or prescription shall be
suspended in respect of traffic with and between the Member States from the
time the decisions take effect; the same shall apply in the case of a partial
objection.
§ 5.
The Secretary General shall notify the Member States of the suspensions
referred to in § 4; the application shall no longer be suspended after the
expiry of a period of one month from the day when the Secretary General has
given notice to the other Member States of the withdrawal of such an objection.
§ 6.
In the determination of the number of objections referred to in §§ 2 and
4, Member States which
a) do not have the right to vote (Article 14
§ 5, Article 26 § 7 or Article 40 § 4),
b) are not members of the Committee concerned
(article 16 § 1, second sentence),
c) have made a declaration in accordance with
Article 9 § 1 of the APTU Uniform Rules
shall
not be taken into account.
Title
VII
Final
Provisions
Article 36
Depositary
§ 1.
The Secretary General shall be the Depositary of this Convention. His functions
as the Depositary shall be those set forth in Part VII of the Vienna Convention
on the Law of Treaties of 23 May 1969.
§ 2.
When a dispute arises between a Member State and the Depositary about the
performance of his functions, the Depositary or the Member State concerned must
bring the question to the attention of the other Member States or, if
appropriate, submit it for resolution by the Administrative Committee.
Article
37
Accession
to the Convention
§ 1.
Accession to the Convention shall be open to any State on the territory of
which railway infrastructure is operated.
§ 2.
A State wishing to accede to the Convention shall address an application to the
Depositary. The Depositary shall notify it to the Member States.
§ 3.
The application shall be deemed to be accepted three months after the
notification referred to in § 2, unless five Member States lodge
objections with the Depositary. The Depositary shall, without delay, notify the
applicant State as well as the Member States accordingly. The accession shall
take effect on the first day of the third month following that notification.
§ 4.
In the event of opposition from at least five Member States within the period
provided for in § 3, the application for accession shall be submitted to
the General Assembly for decision.
§ 5.
Subject to Article 42, any accession to the Convention may only relate to the
Convention in its version in force at the time when the accession takes effect.
Article
38
Accession
of regional economic integration organisations
§ 1.
Accession to the Convention shall be open to regional economic integration
organisations which have competence to adopt their own legislation binding on
their Member States, in respect of the matters covered by this Convention and
of which one or more Member States are members. The conditions of that
accession shall be defined in an agreement concluded between the Organisation
and the regional organisation.
§ 2.
The regional organisation may exercise the rights enjoyed by its members by
virtue of the Convention to the extent that they cover matters for which it is
competent. This applies also to the obligations imposed on the Member States
pursuant to the Convention, with the exception of the financial obligations
referred to in Article 26.
§ 3.
For the purposes of the exercise of the right to vote and the right to object
provided for in Article 35 §§ 2 and 4, the regional organisation shall
enjoy the number of votes equal to those of its members which are also Member
States of the Organisation. The latter may only exercise their rights, in
particular their right to vote, to the extent allowed by § 2. The regional
organisation shall not enjoy the right to vote in respect of Title IV.
§ 4.
Article 41 shall apply mutatis mutandis to the termination of the accession.
Article
39
Associate
Members
§ 1.
Any State on whose territory railway infrastructure is operated may become an
Associate Member of the Organisation. Article 32 §§ 2 to 5 shall apply
mutatis mutandis.
§ 2.
An Associate Member may participate in the work of the organs mentioned in
Article 13 § 1, letters a) and c) to f) only in an advisory capacity. An
Associate Member may not be designated as a member of the Administrative
Committee. It shall contribute to the expenditure of the Organisation with
0.25 per cent of the contributions (Article 26 § 3).
§ 3.
Article 41 shall apply mutatis mutandis to the termination of the association.
Article
40
Suspension
of membership
§ 1.
A Member State may request, without denouncing the Convention, a suspension of
its membership of the Organisation, when international rail traffic is no
longer carried out on its territory for reasons not attributable to that Member
State.
§ 2.
The Administrative Committee shall take a decision about a request for
suspension of membership. The request must be lodged with the Secretary General
at least three months before a session of the Committee.
§ 3.
The suspension of membership shall enter into force on the first day of the
month following the notification by the Secretary General of the decision of
the Administrative Committee. The suspension of membership shall terminate with
the notification by the Member State that international rail traffic on its
territory is restored. The Secretary General shall, without delay, give notice
of it to the other Member States.
§ 4.
Suspension of membership shall have as a consequence :
a) to free the Member State from its obligation to
contribute to the financing of the expenses of the Organisation;
b) to suspend the right to vote in the organs of
the Organisation;
c) to suspend the right to object pursuant to
Article 34 §§ 2 and 3 and Article 35 §§ 2 and 4.
Article
41
Denunciation
of the Convention
§ 1.
The Convention may be denounced at any time.
§ 2.
Any Member State which wishes to denounce the Convention shall so inform the
Depositary. The denunciation shall take effect on 31 December of the following
year.
Article
42
Declarations
and reservations to the Convention
§ 1.
Any Member State may declare, at any time, that it will not apply in their
entirety certain Appendices to the Convention. Furthermore, reservations as
well as declarations not to apply certain provisions of the Convention itself
or of its Appendices shall only be allowed if such reservations and
declarations are expressly provided for by the provisions themselves.
§ 2.
The reservations and declarations shall be addressed to the Depositary. They
shall take effect at the moment the Convention enters into force for the State
concerned. Any declaration made after that entry into force shall take effect
on 31 December of the year following the declaration. The Depositary shall give
notice of this to the Member States.
Article
43
Dissolution
of the Organisation
§ 1.
The General Assembly may decide upon a dissolution of the Organisation and the
possible transfer of its attributions to another intergovernmental organisation
laying down, where appropriate, with that organisation the conditions of this
transfer.
§ 2.
In the case of the dissolution of the Organisation, its assets shall be
distributed between the Member States which have been members of the
Organisation, without interruption, during the last five calendar years
preceding that of the decision pursuant to § 1, this in proportion to the
average percentage rate at which they have contributed to the expenses of the
Organisation during these five preceding years.
Article
44
Transitional
provision
In the cases
provided for in Article 34 § 7, Article 35 § 4, Article 41 § 1
and Article 42 the law in force at the time of the conclusion of contracts
subject to the CIV Uniform Rules, the CIM Uniform Rules, the CUV Uniform Rules
or the CUI Uniform Rules shall remain applicable to existing contracts.
Article
45
Texts
of the Convention
§ 1.
The Convention shall be expressed in the English, French and German languages.
In case of divergence, the French text shall prevail.
§ 2.
On a proposal of one of the States concerned, the Organisation shall publish an
official translation of the Convention into other languages, in so far as one
of these languages is an official language on the territory of at least two
Member States. These translations shall be prepared in cooperation with the
competent services of the Member States concerned.
Protocol
on the Privileges and Immunities of the Intergovernmental Organisation for
International Carriage by Rail (OTIF)
Article
1
Immunity
from jurisdiction, execution and seizure
§ 1.
Within the scope of its official activities, the Organisation shall enjoy
immunity from jurisdiction and execution save :
a) to the extent that the Organisation shall have
expressly waived such immunity in a particular case;
b) in the case of a civil action brought by a
third party;
c) in the case of a counter-claim directly
connected with principal proceedings commenced by the Organisation;
d) in the case of attachment by order of a court
or tribunal, of the salary, wages and other emoluments payable by the
Organisation to a member of its staff.
§ 2.
The property and other assets of the Organisation, wherever situated, shall be
immune from any form of requisition, confiscation, sequestration and any other
form of seizure or distraint, except to the extent that this is rendered
necessary as a temporary measure by the prevention of accidents involving motor
vehicles belonging to or operated on behalf of the Organisation and by
enquiries in connection with such accidents.
Article
2
Safeguards
against expropriation
If
expropriation is necessary in the public interest, all the appropriate steps
must be taken to avoid interference with the exercise by the Organisation of
its activities and adequate prompt compensation must be paid in advance.
Article
3
Exemption
from taxes
§ 1.
Each Member State shall exempt the Organisation, its property and income, from
direct taxes in respect of the exercise of its official activities. Where
purchases or services of substantial value which are strictly necessary for the
exercise of the official activities of the Organisation are made or used by the
Organisation and where the price of such purchases or services includes taxes
or duties, appropriate measures shall, whenever possible, be taken by the
Member States to grant exemption from such taxes and duties or to reimburse the
amount thereof.
§ 2.
No exemption shall be granted in respect of taxes or charges which are no more
than payment for services rendered.
§ 3.
Goods acquired in accordance with § 1 may not be sold or given away, nor
used otherwise than in accordance with the conditions laid down by the Member
State which has granted the exemptions.
Article
4
Exemption
from duties and taxes
§ 1.
Goods imported or exported by the Organisation and strictly necessary for the
exercise of its official activities, shall be exempt from all duties and taxes
levied on import or export.
§ 2.
No exemption shall be granted under this Article in respect of goods purchased
or imported, or services provided, for the personal benefit of the members of
the staff of the Organisation.
§ 3.
Article 3 § 3 shall apply mutatis mutandis to goods imported in accordance
with § 1.
Article
5
Official
activities
The official activities
of the Organisation referred to in this Protocol are those activities which
correspond to the aim defined in Article 2 of the Convention.
Article
6
Monetary
transactions
The
Organisation may receive and hold any kind of funds, currency, cash or securities.
It may dispose of them freely for any purpose provided for by the Convention
and hold accounts in any currency to the extent required to meet its
obligations.
Article
7
Communications
For its
official communications and the transmission of all its documents, the
Organisation shall enjoy treatment no less favourable than that accorded by
each Member State to other comparable international organisations.
Article
8
Privileges
and immunities of representatives of Member States
Representatives
of Member States shall, while exercising their functions and during journeys
made on official business, enjoy the following privileges and immunities on the
territory of each Member State:
a) immunity from jurisdiction, even after the
termination of their mission, in respect of acts, including words spoken and
written, done by them in the exercise of their functions; such immunity shall
not apply, however, in the case of loss or damage arising from an accident
caused by a motor vehicle or any other means of transport belonging to or
driven by a representative of a State, nor in the case of a traffic offence
involving such a means of transport;
b) immunity from arrest and from detention pending
trial, save when apprehended flagrante delicto;
c) immunity from seizure of their personal luggage
save when apprehended flagrante delicto;
d) inviolability for all their official papers and
documents;
e) exemption for themselves and their spouses from
all measures restricting entry and from all aliens’ registration formalities;
f) the same facilities regarding currency and
exchange control as those accorded to representatives of foreign Governments on
temporary official missions.
Article
9
Privileges
and immunities of members of the staff of the Organisation
The members of
the staff of the Organisation shall, while exercising their functions, enjoy
the following privileges and immunities on the territory of each Member State:
a) immunity from jurisdiction in respect of acts,
including words spoken and written, done by them in the exercise of their
functions and within the limits of their prerogatives; such immunity shall not
apply, however, in the case of loss or damage arising from an accident caused
by a motor vehicle or any other means of transport belonging to or driven by a
member of the staff of the Organisation, nor in the case of a traffic offence
involving such a means of transport; the members of the staff shall continue to
enjoy such immunity, even after they have left the service of the Organisation;
b) inviolability for all their official papers and
documents;
c) the same exemptions from measures restricting
immigration and governing aliens’ registration as are normally accorded to
members of staff of international organisations; members of their families forming
part of their households shall enjoy the same facilities;
d) exemption from national income tax, subject to
the introduction for the benefit of the Organisation of an internal tax on
salaries, wages and other emoluments paid by the Organisation; nevertheless the
Member States may take these salaries, wages and emoluments into account for
the purpose of assessing the amount of tax to be charged on income from other
sources; Member States shall not be obliged to apply this exemption from tax to
payments, retirement pensions and survivor’s pensions paid by the Organisation
to its former members of staff or their assigns;
e) in respect of exchange control, the same
privileges as are normally accorded to staff members of international
organisations;
f) in a time of international crisis, the same
repatriation facilities for themselves and members of their families forming
part of their households as are normally accorded to members of the staff of
international organisations.
Article
10
Privileges
and immunities of experts
Experts upon
whose services the Organisation calls shall, while exercising their functions
in relation to, or undertaking missions on behalf of, the Organisation, enjoy
the following privileges and immunities to the extent that these are necessary
for the exercise of their functions, including during journeys made in the
exercise of their functions and in the course of such missions:
a) immunity from jurisdiction in respect of acts,
including words spoken and written, done by them in the exercise of their
functions; such immunity shall not apply, however, in the case of loss or
damage arising from an accident caused by a motor vehicle or any other means of
transport belonging to or driven by an expert, nor in the case of a traffic
offence involving such a means of transport; experts shall continue to enjoy
such immunity even after they have ceased to exercise their functions in
relation to the Organisation;
b) inviolability for all their official papers and
documents;
c) the exchange control facilities necessary for
the transfer of their remuneration;
d) the same facilities, in respect of their
personal luggage, as are accorded to agents of foreign Governments on temporary
official missions.
Article
11
Purpose
of privileges and immunities accorded
§ 1.
The privileges and immunities provided for in this Protocol shall be instituted
solely to ensure, in all circumstances, the unimpeded functioning of the
Organisation and the complete independence of the persons to whom they are
accorded. The competent authorities shall waive any immunity in all cases where
retaining it might impede the course of justice and where it can be waived
without prejudicing the achievement of the purpose for which it was accorded.
§ 2.
The competent authorities for the purposes of § 1 shall be
a) the Member States, in respect of their
representatives;
b) the Administrative Committee, in respect of the
Secretary General;
c) the Secretary General, in respect of other
members of the staff of the Organisation and of experts upon whose services the
Organisation calls.
Article
12
Prevention
of abuse
§ 1.
None of the provisions of this Protocol may call into question the right of
each Member State to take every necessary precaution in the interests of its
public security.
§ 2.
The Organisation shall co-operate at all times with the competent authorities
of the Member States in order to facilitate the proper administration of
justice, to ensure the observance of the laws and prescriptions of the Member
States concerned and to prevent any abuse which might arise out of the
privileges and immunities provided for in this Protocol.
Article
13
Treatment
of own nationals
No Member State
shall be obliged to accord the privileges and immunities referred to in this
Protocol under
a) Article 8, excluding letter d),
b) Article 9, excluding letters a), b) and d),
c) Article 10, excluding letters a) and b),
to
its own nationals or to persons who have their permanent residence in that
State.
Article
14
Complementary
agreements
The
Organisation may conclude with one or more Member States complementary
agreements to give effect to this Protocol as regards such Member State or
Member States, and other agreements to ensure the proper functioning of the
Organisation.
Uniform
Rules concerning the Contract of International Carriage of Passengers by Rail
(CIV – Appendix A to the Convention)
Title I
General
Provisions
Article
1
Scope
§ 1.
These Uniform Rules shall apply to every contract of carriage of passengers by
rail for reward or free of charge, when the place of departure and the place of
destination are situated in two different Member States, irrespective of the
domicile or the place of business and the nationality of the parties to the
contract of carriage.
§ 2.
When international carriage being the subject of a single contract includes
carriage by road or inland waterway in internal traffic of a Member State as a
supplement to transfrontier carriage by rail, these Uniform Rules shall apply.
§ 3.
When international carriage being the subject of a single contract of carriage
includes carriage by sea or transfrontier carriage by inland waterway as a
supplement to carriage by rail, these Uniform Rules shall apply if the carriage
by sea or inland waterway is performed on services included in the lists of
services provided for in Article 24 § 1 of the Convention.
§ 4.
These Uniform Rules shall also apply, as far as the liability of the carrier in
case of death of, or personal injury to, passengers is concerned, to persons
accompanying a consignment whose carriage is effected in accordance with the
CIM Uniform Rules.
§ 5.
These Uniform Rules shall not apply to carriage performed between stations
situated on the territory of neighbouring States, when the infrastructure of
these stations is managed by one or more infrastructure managers subject to
only one of those States.
§ 6.
Any State which is a party to a convention concerning international through
carriage of passengers by rail comparable with these Uniform Rules may, when it
makes an application for accession to the Convention, declare that it will
apply these Uniform Rules only to carriage performed on a part of the railway
infrastructure situated on its territory. This part of the railway
infrastructure must be precisely defined and connected to the railway
infrastructure of a Member State. When a State has made the above-mentioned
declaration, these Uniform Rules shall apply only on the condition
a) that the place of departure or of destination,
as well as the route designated in the contract of carriage, is situated on the
specified infrastructure or
b) that the specified infrastructure connects the
infrastructure of two Member States and that it has been designated in the
contract of carriage as a route for transit carriage.
§ 7.
A State which has made a reservation in accordance with § 6 may withdraw
it at any time by notification to the Depositary. This withdrawal shall take
effect one month after the day on which the Depositary notifies it to the
Member States. The declaration shall cease to have effect when the convention
referred to in § 6, first sentence, ceases to be in force for that State.
Article 2
Declaration
concerning liability in case of death of, or personal injury to, passengers
§ 1.
Any State may, at any time, declare that it will not apply to passengers
involved in accidents occurring on its territory the whole of the provisions
concerning the liability of the carrier in case of death of, or personal injury
to, passengers, when such passengers are nationals of, or have their usual
place of residence in, that State.
§ 2.
A State which has made a declaration in accordance with § 1 may withdraw
it at any time by notification to the Depositary. This withdrawal shall take
effect one month after the day on which the Depositary notifies it to the
Member States.
Article
3
Definitions
For purposes of
these Uniform Rules, the term
a) “carrier” means the contractual carrier with
whom the passenger has concluded the contract of carriage pursuant to these
Uniform Rules, or a successive carrier who is liable on the basis of this
contract;
b) “substitute carrier” means a carrier, who has
not concluded the contract of carriage with the passenger, but to whom the
carrier referred to in letter a) has entrusted, in whole or in part, the
performance of the carriage by rail;
c) “General Conditions of Carriage” means the
conditions of the carrier in the form of general conditions or tariffs legally
in force in each Member State and which have become, by the conclusion of the
contract of carriage, an integral part of it;
d) “vehicle” means a motor vehicle or a trailer
carried on the occasion of the carriage of passengers.
Article
4
Derogations
§ 1.
The Member States may conclude agreements which provide for derogations from
these Uniform Rules for carriage performed exclusively between two stations on
either side of the frontier, when there is no other station between them.
§ 2.
For carriage performed between two Member States, passing through a State which
is not a Member State, the States concerned may conclude agreements which
derogate from these Uniform Rules.
§ 3.
Subject to other provisions of public international law, two or more Member
States may set between themselves conditions under which carriers are subject
to the obligation to carry passengers, luggage, animals and vehicles in traffic
between those States.
§ 4.
Agreements referred to in §§ 1 to 3 as well as their coming into force
shall be notified to the Intergovernmental Organisation for International
Carriage by Rail. The Secretary General of the Organisation shall notify the
Member States and interested undertakings of this.
Article
5
Mandatory
law
Unless provided
otherwise in these Uniform Rules, any stipulation which, directly or
indirectly, would derogate from these Uniform Rules shall be null and void. The
nullity of such a stipulation shall not involve the nullity of the other
provisions of the contract of carriage. Nevertheless, a carrier may assume a
liability greater and obligations more burdensome than those provided for in
these Uniform Rules.
Title
II
Conclusion
and Performance of the Contract of Carriage
Article
6
Contract
of carriage
§ 1.
By the contract of carriage the carrier shall undertake to carry the passenger
as well as, where appropriate, luggage and vehicles to the place of destination
and to deliver the luggage and vehicles at the place of destination.
§ 2.
The contract of carriage must be confirmed by one or more tickets issued to the
passenger. However, subject to Article 9 the absence, irregularity or loss of
the ticket shall not affect the existence or validity of the contract which
shall remain subject to these Uniform Rules.
§ 3.
The ticket shall be prima facie evidence of the conclusion and the contents of
the contract of carriage.
Article
7
Ticket
§ 1.
The General Conditions of Carriage shall determine the form and content of
tickets as well as the language and characters in which they are to be printed
and made out.
§ 2.
The following, at least, must be entered on the ticket :
a) the carrier or carriers;
b) a statement that the carriage is subject,
notwithstanding any clause to the contrary, to these Uniform Rules; this may be
indicated by the acronym CIV;
c) any other statement necessary to prove the
conclusion and contents of the contract of carriage and enabling the passenger
to assert the rights resulting from this contract.
§ 3.
The passenger must ensure, on receipt of the ticket, that it has been made out
in accordance with his instructions.
§ 4.
The ticket shall be transferable if it has not been made out in the passenger’s
name and if the journey has not begun.
§ 5.
The ticket may be established in the form of electronic data registration,
which can be transformed into legible written symbols. The procedure used for
the registration and treatment of data must be equivalent from the functional
point of view, particularly so far as concerns the evidential value of the ticket
represented by those data.
Article
8
Payment
and refund of the carriage charge
§ 1.
Subject to a contrary agreement between the passenger and the carrier, the
carriage charge shall be payable in advance.
§ 2.
The General Conditions of Carriage shall determine under what conditions a
refund of the carriage charge shall be made.
Article
9
Right
to be carried. Exclusion from carriage
§ 1.
The passenger must, from the start of his journey, be in possession of a valid
ticket and produce it on the inspection of tickets. The General Conditions of
Carriage may provide
a) that a passenger who does not produce a valid
ticket must pay, in addition to the carriage charge, a surcharge;
b) that a passenger who refuses to pay the
carriage charge or the surcharge upon demand may be required to discontinue his
journey;
c) if and under what conditions a refund of the
surcharge shall be made.
§ 2.
The General Conditions of Carriage may provide that passengers who
a) present a danger for safety and the good
functioning of the operations or for the safety of other passengers,
b) inconvenience other passengers in an
intolerable manner,
shall
be excluded from carriage or may be required to discontinue their journey and
that such persons shall not be entitled to a refund of their carriage charge or
of any charge for the carriage of registered luggage they may have paid.
Article
10
Completion
of administrative formalities
The passenger
must comply with the formalities required by customs or other administrative
authorities.
Article
11
Cancellation
and late running of trains. Missed connections
The carrier
must, where necessary, certify on the ticket that the train has been cancelled
or the connection missed.
Title
III
Carriage
of Hand Luggage, Animals, Registered Luggage and Vehicles
Chapter
I
Common
Provisions
Article
12
Acceptable
articles and animals
§ 1.
The passenger may take with him articles which can be handled easily (hand
luggage) and also live animals in accordance with the General Conditions of
Carriage. Moreover, the passenger may take with him cumbersome articles in
accordance with the special provisions, contained in the General Conditions of
Carriage. Articles and animals likely to annoy or inconvenience passengers or cause
damage shall not be allowed as hand luggage.
§ 2.
The passenger may consign articles and animals as registered luggage in
accordance with the General Conditions of Carriage.
§ 3.
The carrier may allow the carriage of vehicles on the occasion of the carriage
of passengers in accordance with special provisions, contained in the General
Conditions of Carriage.
§ 4.
The carriage of dangerous goods as hand luggage, registered luggage as well as
in or on vehicles which, in accordance with this Title are carried by rail,
must comply with the Regulation concerning the Carriage of Dangerous Goods by
Rail (RID).
Article
13
Examination
§ 1.
When there is good reason to suspect a failure to observe the conditions of
carriage, the carrier shall have the right to examine whether the articles
(hand luggage, registered luggage, vehicles including their loading) and
animals carried comply with the conditions of carriage, unless the laws and
prescriptions of the State in which the examination would take place prohibit
such examination. The passenger must be invited to attend the examination. If
he does not appear or cannot be reached, the carrier must require the presence
of two independent witnesses.
§ 2.
If it is established that the conditions of carriage have not been respected,
the carrier can require the passenger to pay the costs arising from the
examination.
Article
14
Completion
of administrative formalities
The passenger
must comply with the formalities required by customs or other administrative
authorities when, on being carried, he has articles (hand luggage, registered
luggage, vehicles including their loading) or animals carried. He shall be
present at the inspection of these articles save where otherwise provided by
the laws and prescriptions of each State.
Chapter
II
Hand
Luggage and Animals
Article
15
Supervision
It shall be the
passenger’s responsibility to supervise the hand luggage and animals that he
takes with him.
Chapter
III
Registered
Luggage
Article
16
Consignment
of registered luggage
§ 1.
The contractual obligations relating to the forwarding of registered luggage
must be established by a luggage registration voucher issued to the passenger.
§ 2.
Subject to Article 22 the absence, irregularity or loss of the luggage
registration voucher shall not affect the existence or the validity of the
agreements concerning the forwarding of the registered luggage, which shall
remain subject to these Uniform Rules.
§ 3.
The luggage registration voucher shall be prima facie evidence of the registration
of the luggage and the conditions of its carriage.
§ 4.
Subject to evidence to the contrary, it shall be presumed that when the carrier
took over the registered luggage it was apparently in a good condition, and
that the number and the mass of the items of luggage corresponded to the
entries on the luggage registration voucher.
Article 17
Luggage
registration voucher
§ 1.
The General Conditions of Carriage shall determine the form and content of the
luggage registration voucher as well as the language and characters in which it
is to be printed and made out. Article 7 § 5 shall apply mutatis mutandis.
§ 2.
The following, at least, must be entered on the luggage registration voucher :
a) the carrier or carriers;
b) a statement that the carriage is subject,
notwithstanding any clause to the contrary, to these Uniform Rules; this may be
indicated by the acronym CIV;
c) any other statement necessary to prove the
contractual obligations relating to the forwarding of the registered luggage
and enabling the passenger to assert the rights resulting from the contract of
carriage.
§ 3.
The passenger must ensure, on receipt of the luggage registration voucher, that
it has been made out in accordance with his instructions.
Article
18
Registration
and carriage
§ 1.
Save where the General Conditions of Carriage otherwise provide, luggage shall
be registered only on production of a ticket valid at least as far as the
destination of the luggage. In other respects the registration of luggage shall
be carried out in accordance with the prescriptions in force at the place of
consignment.
§ 2.
When the General Conditions of Carriage provide that luggage may be accepted
for carriage without production of a ticket, the provisions of these Uniform
Rules determining the rights and obligations of the passenger in respect of his
registered luggage shall apply mutatis mutandis to the consignor of registered
luggage.
§ 3.
The carrier can forward the registered luggage by another train or by another
mode of transport and by a different route from that taken by the passenger.
Article
19
Payment
of charges for the carriage of registered luggage
Subject to a
contrary agreement between the passenger and the carrier, the charge for the
carriage of registered luggage shall be payable on registration.
Article
20
Marking
of registered luggage
The passenger
must indicate on each item of registered luggage in a clearly visible place, in
a sufficiently durable and legible manner :
a) his name and address,
b) the place of destination.
Article
21
Right
to dispose of registered luggage
§ 1.
If circumstances permit and if customs requirements or the requirements of
other administrative authorities are not thereby contravened, the passenger can
request luggage to be handed back at the place of consignment on surrender of
the luggage registration voucher and, if the General Conditions of Carriage so
require, on production of the ticket.
§ 2.
The General Conditions of Carriage may contain other provisions concerning the
right to dispose of registered luggage, in particular modifications of the
place of destination and the possible financial consequences to be borne by the
passenger.
Article
22
Delivery
§ 1.
Registered luggage shall be delivered on surrender of the luggage registration
voucher and, where appropriate, on payment of the amounts chargeable against
the consignment. The carrier shall be entitled, but not obliged, to examine
whether the holder of the voucher is entitled to take delivery.
§ 2.
It shall be equivalent to delivery to the holder of the luggage registration
voucher if, in accordance with the prescriptions in force at the place of
destination:
a) the luggage has been handed over to the customs
or octroi authorities at their premises or warehouses, when these are not
subject to the carrier’s supervision;
b) live animals have been handed over to third
parties.
§ 3.
The holder of the luggage registration voucher may require delivery of the
luggage at the place of destination as soon as the agreed time and, where
appropriate, the time necessary for the operations carried out by customs or
other administrative authorities, has elapsed.
§ 4.
Failing surrender of the luggage registration voucher, the carrier shall only
be obliged to deliver the luggage to the person proving his right thereto; if
the proof offered appears insufficient, the carrier may require security to be
given.
§ 5.
Luggage shall be delivered at the place of destination for which it has been
registered.
§ 6.
The holder of a luggage registration voucher whose luggage has not been
delivered may require the day and time to be endorsed on the voucher when he
requested delivery in accordance with § 3.
§ 7.
The person entitled may refuse to accept the luggage if the carrier does not
comply with his request to carry out an examination of the registered luggage
in order to establish alleged damage.
§ 8.
In all other respects delivery of luggage shall be carried out in accordance
with the prescriptions in force at the place of destination.
Chapter IV
Vehicles
Article 23
Conditions
of carriage
The special
provisions governing the carriage of vehicles, contained in the General
Conditions of Carriage, shall specify in particular the conditions governing
acceptance for carriage, registration, loading and carriage, unloading and
delivery as well as the obligations of the passenger.
Article
24
Carriage
voucher
§ 1.
The contractual obligations relating to the carriage of vehicles must be
established by a carriage voucher issued to the passenger. The carriage voucher
may be integrated into the passenger’s ticket.
§ 2.
The special provisisions governing the carriage of vehicles, contained in the
General Conditions of Carriage, shall determine the form and content of the
carriage voucher as well as the language and the characters in which it is to
be printed and made out. Article 7 § 5 shall apply mutatis mutandis.
§ 3.
The following, at least, must be entered on the carriage voucher :
a) the carrier or carriers;
b) a statement that the carriage is subject,
notwithstanding any clause to the contrary, to these Uniform Rules; this may be
indicated by the acronym CIV;
c) any other statement necessary to prove the
contractual obligations relating to the carriage of vehicles and enabling the
passenger to assert the rights resulting from the contract of carriage.
§ 4.
The passenger must ensure, on receipt of the carriage voucher, that it has been
made out in accordance with his instructions.
Article
25
Applicable
law
Subject to the
provisions of this Chapter, the provisions of Chapter III relating to the
carriage of luggage shall apply to vehicles.
Title
IV
Liability
of the Carrier
Chapter
I
Liability
in case of Death of, or Personal Injury to, Passengers
Article
26
Basis
of liability
§ 1.
The carrier shall be liable for the loss or damage resulting from the death of,
personal injuries to, or any other physical or mental harm to, a passenger,
caused by an accident arising out of the operation of the railway and happening
while the passenger is in, entering or alighting from railway vehicles whatever
the railway infrastructure used.
§ 2.
The carrier shall be relieved of this liability
a) if the accident has been caused by
circumstances not connected with the operation of the railway and which the
carrier, in spite of having taken the care required in the particular
circumstances of the case, could not avoid and the consequences of which he was
unable to prevent;
b) to the extent that the accident is due to the
fault of the passenger;
c) if the accident is due to the behaviour of a
third party which the carrier, in spite of having taken the care required in
the particular circumstances of the case, could not avoid and the consequences
of which he was unable to prevent; another undertaking using the same railway
infrastructure shall not be considered as a third party; the right of recourse
shall not be affected.
§ 3.
If the accident is due to the behaviour of a third party and if, in spite of
that, the carrier is not entirely relieved of his liability in accordance with
§ 2, letter c), he shall be liable in full up to the limits laid down in
these Uniform Rules but without prejudice to any right of recourse which the
carrier may have against the third party.
§ 4.
These Uniform Rules shall not affect any liability which may be incurred by the
carrier in cases not provided for in § 1.
§ 5.
If carriage governed by a single contract of carriage is performed by
successive carriers, the carrier bound pursuant to the contract of carriage to
provide the service of carriage in the course of which the accident happened
shall be liable in case of death of, and personal injuries to, passengers. When
this service has not been provided by the carrier, but by a substitute carrier,
the two carriers shall be jointly and severally liable in accordance with these
Uniform Rules.
Article
27
Damages
in case of death
§ 1.
In case of death of the passenger the damages shall comprise :
a) any necessary costs following the death, in
particular those of transport of the body and the funeral expenses;
b) if death does not occur at once, the damages
provided for in Article 28.
§ 2.
If, through the death of the passenger, persons whom he had, or would have had,
a legal duty to maintain are deprived of their support, such persons shall also
be compensated for that loss. Rights of action for damages of persons whom the
passenger was maintaining without being legally bound to do so, shall be
governed by national law.
Article
28
Damages
in case of personal injury
In case of
personal injury or any other physical or mental harm to the passenger the
damages shall comprise :
a) any necessary costs, in particular those of
treatment and of transport;
b) compensation for financial loss, due to total
or partial incapacity to work, or to increased needs.
Article
29
Compensation
for other bodily harm
National law
shall determine whether and to what extent the carrier must pay damages for
bodily harm other than that for which there is provision in Articles 27 and 28.
Article
30
Form
and amount of damages in case of death and personal injury
§ 1.
The damages under Article 27 § 2 and Article 28, letter b) must be awarded
in the form of a lump sum. However, if national law permits payment of an
annuity, the damages shall be awarded in that form if so requested by the
injured passenger or by the persons entitled referred to in Article 27
§ 2.
§ 2.
The amount of damages to be awarded pursuant to § 1 shall be determined in
accordance with national law. However, for the purposes of these Uniform Rules,
the upper limit per passenger shall be set at 175,000 units of account as a
lump sum or as an annual annuity corresponding to that sum, where national law
provides for an upper limit of less than that amount.
Article
31
Other
modes of transport
§ 1.
Subject to § 2, the provisions relating to the liability of the carrier in
case of death of, or personal injury to, passengers shall not apply to loss or
damage arising in the course of carriage which, in accordance with the contract
of carriage, was not carriage by rail.
§ 2.
However, where railway vehicles are carried by ferry, the provisions relating
to liability in case of death of, or personal injury to, passengers shall apply
to loss or damage referred to in Article 26 § 1 and Article 33 § 1,
caused by an accident arising out of the operation of the railway and happening
while the passenger is in, entering or alighting from the said vehicles.
§ 3.
When, because of exceptional circumstances, the operation of the railway is
temporarily suspended and the passengers are carried by another mode of
transport, the carrier shall be liable pursuant to these Uniform Rules.
Chapter
II
Liability
in case of Failure to Keep to the Timetable
Article
32
Liability
in case of cancellation, late running of trains or missed connections
§ 1.
The carrier shall be liable to the passenger for loss or damage resulting from
the fact that, by reason of cancellation, the late running of a train or a
missed connection, his journey cannot be continued the same day, or that a
continuation of the journey the same day could not reasonably be required
because of given circumstances. The damages shall comprise the reasonable costs
of accommodation as well as the reasonable costs occasioned by having to notify
persons expecting the passenger.
§ 2.
The carrier shall be relieved of this liability, when the cancellation, late
running or missed connection is attributable to one of the following causes :
a) circumstances not connected wih the operation
of the railway which the carrier, in spite of having taken the care required in
the particular circumstances of the case, could not avoid and the consequences
of which he was unable to prevent,
b) fault on the part of the passenger or
c) the behaviour of a third party which the
carrier, in spite of having taken the care required in the particular circumstances
of the case, could not avoid and the consequences of which he was unable to
prevent; another undertaking using the same railway infrastructure shall not be
considered as a third party; the right of recourse shall not be affected.
§ 3.
National law shall determine whether and to what extent the carrier must pay
damages for harm other than that provided for in § 1. This provision shall
be without prejudice to Article 44.
Chapter
III
Liability
in respect of Hand Luggage, Animals, Registered Luggage and Vehicles
Section
1
Hand
luggage and animals
Article 33
Liability
§ 1.
In case of death of, or personal injury to, passengers the carrier shall also
be liable for the loss or damage resulting from the total or partial loss of,
or damage to, articles which the passenger had on him or with him as hand
luggage; this shall apply also to animals which the passenger had brought with
him. Article 26 shall apply mutatis mutandis.
§ 2.
In other respects, the carrier shall not be liable for the total or partial
loss of, or damage to, articles, hand luggage or animals the supervision of
which is the responsibility of the passenger in accordance with Article 15,
unless this loss or damage is caused by the fault of the carrier. The other
Articles of Title IV, with exception of Article 51, and Title VI shall not
apply in this case.
Article
34
Limit
of damages in case of loss of or damage to articles
When the
carrier is liable under Article 33 § 1, he must pay compensation up to a
limit of 1,400 units of account per passenger.
Article
35
Exclusion
of liability
The carrier
shall not be liable to the passenger for loss or damage arising from the fact
that the passenger does not conform to the formalities required by customs or
other administrative authorities.
Section
2
Registered
luggage
Article
36
Basis
of liability
§ 1.
The carrier shall be liable for loss or damage resulting from the total or
partial loss of, or damage to, registered luggage between the time of taking
over by the carrier and the time of delivery as well as from delay in delivery.
§ 2.
The carrier shall be relieved of this liability to the extent that the loss,
damage or delay in delivery was caused by a fault of the passenger, by an order
given by the passenger other than as a result of the fault of the carrier, by
an inherent defect in the registered luggage or by circumstances which the
carrier could not avoid and the consequences of which he was unable to prevent.
§ 3.
The carrier shall be relieved of this liability to the extent that the loss or
damage arises from the special risks inherent in one or more of the following
circumstances :
a) the absence or inadequacy of packing,
b) the special nature of the luggage,
c) the consignment as luggage of articles not
acceptable for carriage.
Article 37
Burden
of proof
§ 1.
The burden of proving that the loss, damage or delay in delivery was due to one
of the causes specified in Article 36 § 2 shall lie on the carrier.
§ 2.
When the carrier establishes that, having regard to the circumstances of a
particular case, the loss or damage could have arisen from one or more of the
special risks referred to in Article 36 § 3, it shall be presumed that it
did so arise. The person entitled shall, however, have the right to prove that
the loss or damage was not attributable either wholly or in part to one of
those risks.
Article
38
Successive
carriers
If carriage
governed by a single contract is performed by several successive carriers, each
carrier, by the very act of taking over the luggage with the luggage
registration voucher or the vehicle with the carriage voucher, shall become a
party to the contract of carriage in respect of the forwarding of luggage or
the carriage of vehicles, in accordance with the terms of the luggage
registration voucher or of the carriage voucher and shall assume the
obligations arising therefrom. In such a case each carrier shall be responsible
for the carriage over the entire route up to delivery.
Article
39
Substitute
carrier
§ 1.
Where the carrier has entrusted the performance of the carriage, in whole or in
part, to a substitute carrier, whether or not in pursuance of a right under the
contract of carriage to do so, the carrier shall nevertheless remain liable in
respect of the entire carriage.
§ 2.
All the provisions of these Uniform Rules governing the liability of the
carrier shall apply also to the liability of the substitute carrier for the
carriage performed by him. Articles 48 and 52 shall apply if an action is
brought against the servants or any other persons whose services the substitute
carrier makes use of for the performance of the carriage.
§ 3.
Any special agreement under which the carrier assumes obligations not imposed
by these Uniform Rules or waives rights conferred by these Uniform Rules shall
be of no effect in respect of the substitute carrier who has not accepted it
expressly and in writing. Whether or not the substitute carrier has accepted
it, the carrier shall nevertheless remain bound by the obligations or waivers
resulting from such special agreement.
§ 4.
Where and to the extent that both the carrier and the substitute carrier are
liable, their liability shall be joint and several.
§ 5.
The aggregate amount of compensation payable by the carrier, the substitute
carrier and their servants and other persons whose services they make use of
for the performance of the carriage shall not exceed the limits provided for in
these Uniform Rules.
§ 6.
This Article shall not prejudice rights of recourse which may exist between the
carrier and the substitute carrier.
Article 40
Presumption
of loss
§ 1.
The person entitled may, without being required to furnish further proof,
consider an item of luggage as lost when it has not been delivered or placed at
his disposal within fourteen days after a request for delivery has been made in
accordance with Article 22 § 3.
§ 2.
If an item of luggage deemed to have been lost is recovered within one year
after the request for delivery, the carrier must notify the person entitled if
his address is known or can be ascertained.
§ 3.
Within thirty days after receipt of a notification referred to in § 2, the
person entitled may require the item of luggage to be delivered to him. In that
case he must pay the charges in respect of carriage of the item from the place
of consignment to the place where delivery is effected and refund the
compensation received less, where appropriate, any costs included therein.
Nevertheless he shall retain his rights to claim compensation for delay in
delivery provided for in Article 43.
§ 4.
If the item of luggage recovered has not been claimed within the period stated
in § 3 or if it is recovered more than one year after the request for
delivery, the carrier shall dispose of it in accordance with the laws and
prescriptions in force at the place where the item of luggage is situated.
Article
41
Compensation
for loss
§ 1.
In case of total or partial loss of registered luggage, the carrier must pay,
to the exclusion of all other damages:
a) if the amount of the loss or damage suffered is
proved, compensation equal to that amount but not exceeding 80 units of account
per kilogram of gross mass short or 1200 units of account per item of luggage;
b) if the amount of the loss or damage suffered is
not established, liquidated damages of 20 units of account per kilogram of
gross mass short or 300 units of account per item of luggage.
The
method of compensation, by kilogram missing or by item of luggage, shall be
determined by the General Conditions of Carriage.
§ 2.
The carrier must in addition refund the charge for the carriage of luggage and
the other sums paid in relation to the carriage of the lost item as well as the
customs duties and excise duties already paid.
Article
42
Compensation
for damage
§ 1.
In case of damage to registered luggage, the carrier must pay compensation
equivalent to the loss in value of the luggage, to the exclusion of all other
damages.
§ 2.
The compensation shall not exceed :
a) if all the luggage has lost value through
damage, the amount which would have been payable in case of total loss;
b) if only part of the luggage has lost value
through damage, the amount which would have been payable had that part been
lost.
Article
43
Compensation
for delay in delivery
§ 1.
In case of delay in delivery of registered luggage, the carrier must pay in
respect of each whole period of twenty-four hours after delivery has been
requested, but subject to a maximum of fourteen days:
a) if the person entitled proves that loss or
damage has been suffered thereby, compensation equal to the amount of the loss
or damage, up to a maximum of 0.80 units of account per kilogram of gross
mass of the luggage or 14 units of account per item of luggage, delivered late;
b) if the person entitled does not prove that loss
or damage has been suffered thereby, liquidated damages of 0.14 units of
account per kilogram of gross mass of the luggage or 2.80 units of account per
item of luggage, delivered late.
The
methods of compensation, by kilogram missing or by item of luggage, shall be
determined by the General Conditions of Carriage.
§ 2.
In case of total loss of luggage, the compensation provided for in § 1
shall not be payable in addition to that provided for in Article 41.
§ 3.
In case of partial loss of luggage, the compensation provided for in § 1
shall be payable in respect of that part of the luggage which has not been
lost.
§ 4.
In case of damage to luggage not resulting from delay in delivery the
compensation provided for in § 1 shall, where appropriate, be payable in
addition to that provided for in Article 42.
§ 5.
In no case shall the total of compensation provided for in § 1 together
with that payable under Articles 41 and 42 exceed the compensation which would
be payable in case of total loss of the luggage.
Section 3
Vehicles
Article 44
Compensation
for delay
§ 1.
In case of delay in loading for a reason attributable to the carrier or delay
in delivery of a vehicle, the carrier must, if the person entitled proves that
loss or damage has been suffered thereby, pay compensation not exceeding the
amount of the carriage charge.
§ 2.
If, in case of delay in loading for a reason attributable to the carrier, the
person entitled elects not to proceed with the contract of carriage, the
carriage charge shall be refunded to him. In addition the person entitled may,
if he proves that loss or damage has been suffered as a result of the delay,
claim compensation not exceeding the carriage charge.
Article
45
Compensation
for loss
In case of
total or partial loss of a vehicle the compensation payable to the person
entitled for the loss or damage proved shall be calculated on the basis of the
usual value of the vehicle. It shall not exceed 8000 units of account. A loaded
or unloaded trailer shall be considered as a separate vehicle.
Article
46
Liability
in respect of other articles
§ 1.
In respect of articles left inside the vehicle or situated in boxes (e.g.
luggage or ski boxes) fixed to the vehicle, the carrier shall be liable only
for loss or damage caused by his fault. The total compensation payable shall
not exceed 1400 units of account.
§ 2.
So far as concerns articles stowed on the outside of the vehicle, including the
boxes referred to in § 1, the carrier shall be liable in respect of
articles placed on the outside of the vehicle only if it is proved that the
loss or damage results from an act or omission, which the carrier has committed
either with intent to cause such a loss or damage or recklessly and with
knowledge that such loss or damage would probably result.
Article
47
Applicable
law
Subject to the
provisions of this Section, the provisions of Section 2 relating to liability
for luggage shall apply to vehicles.
Chapter IV
Common
Provisions
Article 48
Loss
of right to invoke the limits of liability
The limits of
liability provided for in these Uniform Rules as well as the provisions of
national law, which limit the compensation to a fixed amount, shall not apply
if it is proved that the loss or damage results from an act or omission, which
the carrier has committed either with intent to cause such loss or damage, or
recklessly and with knowledge that such loss or damage would probably result.
Article
49
Conversion
and interest
§ 1.
Where the calculation of compensation requires the conversion of sums expressed
in foreign currency, conversion shall be at the exchange rate applicable on the
day and at the place of payment of the compensation.
§ 2.
The person entitled may claim interest on compensation, calculated at five per
cent per annum, from the day of the claim provided for in Article 55 or, if no
such claim has been made, from the day on which legal proceedings were
instituted.
§ 3.
However, in the case of compensation payable pursuant to Articles 27 and 28,
interest shall accrue only from the day on which the events relevant to the
assessment of the amount of compensation occurred, if that day is later than
that of the claim or the day when legal proceedings were instituted.
§ 4.
In the case of luggage, interest shall only be payable if the compensation
exceeds 16 units of account per luggage registration voucher.
§ 5.
In the case of luggage, if the person entitled does not submit to the carrier,
within a reasonable time allotted to him, the supporting documents required for
the amount of the claim to be finally settled, no interest shall accrue between
the expiry of the time allotted and the actual submission of such documents.
Article
50
Liability
in case of nuclear incidents
The carrier
shall be relieved of liability pursuant to these Uniform Rules for loss or
damage caused by a nuclear incident when the operator of a nuclear installation
or another person who is substituted for him is liable for the loss or damage
pursuant to the laws and prescriptions of a State governing liability in the
field of nuclear energy.
Article
51
Persons
for whom the carrier is liable
The carrier
shall be liable for his servants and other persons whose services he makes use
of for the performance of the carriage, when these servants and other persons
are acting within the scope of their functions. The managers of the railway
infrastructure on which the carriage is performed shall be considered as
persons whose services the carrier makes use of for the performance of the
carriage.
Article
52
Other
actions
§ 1.
In all cases where these Uniform Rules shall apply, any action in respect of
liability, on whatever grounds, may be brought against the carrier only subject
to the conditions and limitations laid down in these Uniform Rules.
§ 2.
The same shall apply to any action brought against the servants and other
persons for whom the carrier is liable pursuant to Article 51.
Title V
Liability
of the Passenger
Article
53
Special
principles of liability
The passenger
shall be liable to the carrier for any loss or damage
a) resulting from failure to fulfil his
obligations pursuant to
1. Articles
10, 14 and 20,
2. the special provisions for the carriage of
vehicles, contained in the General Conditions of Carriage, or
3. the Regulation concerning the International
Carriage of Dangerous Goods by Rail (RID),
or
b) caused by articles and animals that he brings
with him,
unless
he proves that the loss or damage was caused by circumstances that he could not
avoid and the consequences of which he was unable to prevent, despite the fact
that he exercised the diligence required of a conscientious passenger. This
provision shall not affect the liability of the carrier pursuant to Articles 26
and 33 § 1.
Title
VI
Assertion
of Rights
Article
54
Ascertainment
of partial loss or damage
§ 1.
When partial loss of, or damage to, an article carried in the charge of the
carrier (luggage, vehicles) is discovered or presumed by the carrier or alleged
by the person entitled, the carrier must without delay, and if possible in the
presence of the person entitled, draw up a report stating, according to the
nature of the loss or damage, the condition of the article and, as far as
possible, the extent of the loss or damage, its cause and the time of its
occurrence.
§ 2.
A copy of the report must be supplied free of charge to the person entitled.
§ 3.
Should the person entitled not accept the findings in the report, he may
request that the condition of the luggage or vehicle and the cause and amount
of the loss or damage be ascertained by an expert appointed either by the
parties to the contract of carriage or by a court or tribunal. The procedure to
be followed shall be governed by the laws and prescriptions of the State in
which such ascertainment takes place.
Article
55
Claims
§ 1.
Claims relating to the liability of the carrier in case of death of, or
personal injury to, passengers must be addressed in writing to the carrier
against whom an action may be brought. In the case of a carriage governed by a
single contract and performed by successive carriers the claims may also be
addressed to the first or the last carrier as well as to the carrier having his
principal place of business or the branch or agency which concluded the
contract of carriage in the State where the passenger is domiciled or
habitually resident.
§ 2.
Other claims relating to the contract of carriage must be addressed in writing
to the carrier specified in Article 56 §§ 2 and 3.
§ 3.
Documents which the person entitled thinks fit to submit with the claim shall
be produced either in the original or as copies, where appropriate, the copies
duly certified if the carrier so requires. On settlement of the claim, the
carrier may require the surrender of the ticket, the luggage registration
voucher and the carriage voucher.
Article
56
Carriers
against whom an action may be brought
§ 1.
An action based on the liability of the carrier in case of death of, or
personal injury to, passengers may only be brought against the carrier who is
liable pursuant to Article 26 § 5.
§ 2.
Subject to § 4 other actions brought by passengers based on the contract
of carriage may be brought only against the first carrier, the last carrier or
the carrier having performed the part of carriage on which the event giving
rise to the proceedings occurred.
§ 3.
When, in the case of carriage performed by successive carriers, the carrier who
must deliver the luggage or the vehicle is entered with his consent on the
luggage registration voucher or the carriage voucher, an action may be brought
against him in accordance with § 2 even if he has not received the luggage
or the vehicle.
§ 4.
An action for the recovery of a sum paid pursuant to the contract of carriage
may be brought against the carrier who has collected that sum or against the
carrier on whose behalf it was collected.
§ 5.
An action may be brought against a carrier other than those specified in
§§ 2 and 4 when instituted by way of counter-claim or by way of exception
in proceedings relating to a principal claim based on the same contract of
carriage.
§ 6.
To the extent that these Uniform Rules apply to the substitute carrier, an
action may also be brought against him.
§ 7.
If the plaintiff has a choice between several carriers, his right to choose
shall be extinguished as soon as he brings an action against one of them; this
shall also apply if the plaintiff has a choice between one or more carriers and
a substitute carrier.
Article
57
Forum
§ 1.
Actions based on these Uniform Rules may be brought before the courts or
tribunals of Member States designated by agreement between the parties or
before the courts or tribunals of the Member State on whose territory the
defendant has his domicile or habitual residence, his principal place of
business or the branch or agency which concluded the contract of carriage.
Other courts or tribunals may not be seized.
§ 2.
Where an action based on these Uniform Rules is pending before a court or
tribunal competent pursuant to § 1, or where in such litigation a judgment
has been delivered by such a court or tribunal, no new action may be brought
between the same parties on the same grounds unless the judgment of the court
or tribunal before which the first action was brought is not enforceable in the
State in which the new action is brought.
Article
58
Extinction
of right of action in case of death or personal injury
§ 1.
Any right of action by the person entitled based on the liability of the
carrier in case of death of, or personal injury to, passengers shall be
extinguished if notice of the accident to the passenger is not given by the
person entitled, within twelve months of his becoming aware of the loss or
damage, to one of the carriers to whom a claim may be addressed in accordance
with Article 55 § 1. Where the person entitled gives oral notice of the
accident to the carrier, the carrier shall furnish him with an acknowledgement
of such oral notice.
§ 2.
Nevertheless, the right of action shall not be extinguished if
a) within the period provided for in § 1 the
person entitled has addressed a claim to one of the carriers designated in
Article 55 § 1;
b) within the period provided for in § 1 the
carrier who is liable has learned of the accident to the passenger in some
other way;
c) notice of the accident has not been given, or
has been given late, as a result of circumstances not attributable to the
person entitled;
d) the person entitled proves that the accident
was caused by fault on the part of the carrier.
Article
59
Extinction
of right of action arising from carriage of luggage
§ 1.
Acceptance of the luggage by the person entitled shall extinguish all rights of
action against the carrier arising from the contract of carriage in case of
partial loss, damage or delay in delivery.
§ 2.
Nevertheless, the right of action shall not be extinguished :
a) in case of partial loss or damage, if
1. the loss or damage was ascertained in
accordance with Article 54 before the acceptance of the luggage by the person
entitled;
2. the ascertainment which should have been
carried out in accordance with Article 54 was omitted solely through the
fault of the carrier;
b) in case of loss or damage which is not apparent
whose existence is ascertained after acceptance of the luggage by the person
entitled, if he
1. asks for ascertainment in accordance with
Article 54 immediately after discovery of the loss or damage and not later than
three days after the acceptance of the luggage, and
2. in addition, proves that the loss or damage
occurred between the time of taking over by the carrier and the time of
delivery;
c) in case of delay in delivery, if the person
entitled has, within twenty-one days, asserted his rights against one of the
carriers specified in Article 56 § 3;
d) if the person entitled proves that the loss or
damage was caused by fault on the part of the carrier.
Article
60
Limitation
of actions
§ 1.
The period of limitation of actions for damages based on the liability of the
carrier in case of death of, or personal injury to, passengers shall be:
a) in the case of a passenger, three years from
the day after the accident;
b) in the case of other persons entitled, three
years from the day after the death of the passenger, subject to a maximum of
five years from the day after the accident.
§ 2.
The period of limitation for other actions arising from the contract of
carriage shall be one year. Nevertheless, the period of limitation shall be two
years in the case of an action for loss or damage resulting from an act or
omission committed either with the intent to cause such loss or damage, or
recklessly and with knowledge that such loss or damage would probably result.
§ 3.
The period of limitation provided for in § 2 shall run for actions :
a) for compensation for total loss, from the
fourteenth day after the expiry of the period of time provided for in Article
22 § 3;
b) for compensation for partial loss, damage or
delay in delivery, from the day when delivery took place;
c) in all other cases involving the carriage of
passengers, from the day of expiry of validity of the ticket.
The
day indicated for the commencement of the period of limitation shall not be
included in the period.
§ 4.
When a claim is addressed to a carrier in writing in accordance with Article 55
together with the necessary supporting documents, the period of limitation
shall be suspended until the day that the carrier rejects the claim by notification
in writing and returns the documents submitted with it. If part of the claim is
admitted, the period of limitation shall run again in respect of that part of
the claim still in dispute. The burden of proof of receipt of the claim or of
the reply and of the return of the documents shall lie on the party who relies
on those facts. The period of limitation shall not be suspended by further
claims having the same object.
§ 5.
A right of action which has become time-barred may not be exercised further, even
by way of counter-claim or by way of exception.
§ 6.
Otherwise, the suspension and interruption of periods of limitation shall be
governed by national law.
Title
VII
Relations
between Carriers
Article
61
Apportionment
of the carriage charge
§ 1.
Any carrier who has collected or ought to have collected a carriage charge must
pay to the carriers concerned their respective shares of such a charge. The
methods of payment shall be fixed by agreement between the carriers.
§ 2.
Article 6 § 3, Article 16 § 3 and Article 25 shall also apply to the
relations between successive carriers.
Article
62
Right
of recourse
§ 1.
A carrier who has paid compensation pursuant to these Uniform Rules shall have
a right of recourse against the carriers who have taken part in the carriage in
accordance with the following provisions:
a) the carrier who has caused the loss or damage
shall be solely liable for it;
b) when the loss or damage has been caused by
several carriers, each shall be liable for the loss or damage he has caused; if
such distinction is impossible, the compensation shall be apportioned between
them in accordance with letter c);
c) if it cannot be proved which of the carriers
has caused the loss or damage, the compensation shall be apportioned between
all the carriers who have taken part in the carriage, except those who prove
that the loss or damage was not caused by them; such apportionment shall be in
proportion to their respective shares of the carriage charge.
§ 2.
In the case of insolvency of any one of these carriers, the unpaid share due
from him shall be apportioned among all the other carriers who have taken part
in the carriage, in proportion to their respective shares of the carriage
charge.
Article
63
Procedure
for recourse
§ 1.
The validity of the payment made by the carrier exercising a right of recourse
pursuant to Article 62 may not be disputed by the carrier against whom the
right to recourse is exercised, when compensation has been determined by a
court or tribunal and when the latter carrier, duly served with notice of the
proceedings, has been afforded an opportunity to intervene in the proceedings.
The court or tribunal seized of the principal action shall determine what time
shall be allowed for such notification of the proceedings and for intervention
in the proceedings.
§ 2.
A carrier exercising his right of recourse must present his claim in one and
the same proceedings against all the carriers with whom he has not reached a
settlement, failing which he shall lose his right of recourse in the case of
those against whom he has not taken proceedings.
§ 3.
The court or tribunal shall give its decision in one and the same judgment on
all recourse claims brought before it.
§ 4.
The carrier wishing to enforce his right of recourse may bring his action in
the courts or tribunals of the State on the territory of which one of the
carriers participating in the carriage has his principal place of business, or
the branch or agency which concluded the contract of carriage.
§ 5.
When the action must be brought against several carriers, the plaintiff carrier
shall be entitled to choose the court or tribunal in which he will bring the
proceedings from among those having competence pursuant to § 4.
§ 6.
Recourse proceedings may not be joined with proceedings for compensation taken
by the person entitled under the contract of carriage.
Article
64
Agreements
concerning recourse
The carriers
may conclude agreements which derogate from Articles 61 and 62.
Uniform
Rules Concerning the Contract of International Carriage of Goods by Rail
(CIM – Appendix B to
the Convention)
Title I
General
Provisions
Article
1
Scope
§ 1.
These Uniform Rules shall apply to every contract of carriage of goods by rail
for reward when the place of taking over of the goods and the place designated
for delivery are situated in two different Member States, irrespective of the
place of business and the nationality of the parties to the contract of
carriage.
§ 2.
These Uniform Rules shall apply also to contracts of carriage of goods by rail
for reward, when the place of taking over of the goods and the place designated
for delivery are situated in two different States, of which at least one is a
Member State and the parties to the contract agree that the contract is subject
to these Uniform Rules.
§ 3.
When international carriage being the subject of a single contract includes
carriage by road or inland waterway in internal traffic of a Member State as a
supplement to transfrontier carriage by rail, these Uniform Rules shall apply.
§ 4.
When international carriage being the subject of a single contract of carriage
includes carriage by sea or transfrontier carriage by inland waterway as a
supplement to carriage by rail, these Uniform Rules shall apply if the carriage
by sea or inland waterway is performed on services included in the list of
services provided for in Article 24 § 1 of the Convention.
§ 5.
These Uniform Rules shall not apply to carriage performed between stations
situated on the territory of neighbouring States, when the infrastructure of
these stations is managed by one or more infrastructure managers subject to
only one of those States.
§ 6.
Any State which is a party to a convention concerning international through
carriage of goods by rail comparable with these Uniform Rules may, when it
makes an application for accession to the Convention, declare that it will
apply these Uniform Rules only to carriage performed on part of the railway
infrastructure situated on its territory. This part of the railway
infrastructure must be precisely defined and connected to the railway
infrastructure of a Member State. When a State has made the above-mentioned
declaration, these Uniform Rules shall apply only on the condition
a) that the place of taking over of the goods or
the place designated for delivery, as well as the route designated in the
contract of carriage, is situated on the specified infrastructure or
b) that the specified infrastructure connects the
infrastructure of two Member States and that it has been designated in the
contract of carriage as a route for transit carriage.
§ 7.
A State which has made a reservation in accordance with § 6 may withdraw
it at any time by notification to the Depositary. This withdrawal shall take
effect one month after the day on which the Depositary notifies it to the
Member States. The declaration shall cease to have effect when the convention
referred to in § 6, first sentence, ceases to be in force for that State.
Article
2
Prescriptions
of public law
Carriage to
which these Uniform Rules apply shall remain subject to the prescriptions of
public law, in particular the prescriptions relating to the carriage of
dangerous goods as well as the prescriptions of customs law and those relating
to the protection of animals.
Article
3
Definitions
For purposes of
these Uniform Rules the term
a) “carrier” means the contractual carrier with
whom the consignor has concluded the contract of carriage pursuant to these
Uniform Rules, or a subsequent carrier who is liable on the basis of this
contract;
b) “substitute carrier” means a carrier, who has
not concluded the contract of carriage with the consignor, but to whom the
carrier referred to in letter a) has entrusted, in whole or in part, the
performance of the carriage by rail;
c) “General Conditions of Carriage” means the
conditions of the carrier in the form of general conditions or tariffs legally
in force in each Member State and which have become, by the conclusion of the
contract of carriage, an integral part of it;
d) “intermodal transport unit” means a container,
swap body, semi-trailer or other comparable loading unit used in intermodal
transport.
Article
4
Derogations
§ 1.
Member States may conclude agreements which provide for derogations from these
Uniform Rules for carriage performed exclusively between two stations on either
side of the frontier, when there is no other station between them.
§ 2.
For carriage performed between two Member States, passing through a State which
is not a Member State, the States concerned may conclude agreements which
derogate from these Uniform Rules.
§ 3.
Agreements referred to in §§ 1 and 2 as well as their coming into force
shall be notified to the Intergovernmental Organisation for International
Carriage by Rail. The Secretary General of the Organisation shall inform the
Member States and interested undertakings of these notifications.
Article
5
Mandatory
law
Unless provided
otherwise in these Uniform Rules, any stipulation which, directly or
indirectly, would derogate from these Uniform Rules shall be null and void. The
nullity of such a stipulation shall not involve the nullity of the other
provisions of the contract of carriage. Nevertheless, a carrier may assume a
liability greater and obligations more burdensome than those provided for in
these Uniform Rules.
Title
II
Conclusion
and Performance of the Contract of Carriage
Article 6
Contract
of carriage
§ 1. By
the contract of carriage, the carrier shall undertake to carry the goods for
reward to the place of destination and to deliver them there to the consignee.
§ 2.
The contract of carriage must be confirmed by a consignment note which accords
with a uniform model. However, the absence, irregularity or loss of the
consignment note shall not affect the existence or validity of the contract
which shall remain subject to these Uniform Rules.
§ 3.
The consignment note shall be signed by the consignor and the carrier. The signature
can be replaced by a stamp, by an accounting machine entry or in any other
appropriate manner.
§ 4.
The carrier must certify the taking over of the goods on the duplicate of the
consignment note in an appropriate manner and return the duplicate to the
consignor.
§ 5.
The consignment note shall not have effect as a bill of lading.
§ 6.
A consignment note must be made out for each consignment. In the absence of a
contrary agreement between the consignor and the carrier, a consignment note
may not relate to more than one wagon load.
§ 7.
In the case of carriage which enters the customs territory of the European
Community or the territory on which the common transit procedure is applied,
each consignment must be accompanied by a consignment note satisfying the
requirements of Article 7.
§ 8.
The international associations of carriers shall establish uniform model
consignment notes in agreement with the customers’ international associations
and the bodies having competence for customs matters in the Member States as
well as any intergovernmental regional economic integration organisation having
competence to adopt its own customs legislation.
§ 9.
The consignment note and its duplicate may be established in the form of
electronic data registration which can be transformed into legible written
symbols. The procedure used for the registration and treatment of data must be
equivalent from the functional point of view, particularly so far as concerns
the evidential value of the consignment note represented by those data.
Article
7
Wording
of the consignment note
§ 1.
The consignment note must contain the following particulars :
a) the place at which and the day on which it is
made out;
b) the name and address of the consignor;
c) the name and address of the carrier who has
concluded the contract of carriage;
d) the name and address of the person to whom the
goods have effectively been handed over if he is not the carrier referred to in
letter c);
e) the place and the day of taking over of the
goods;
f) the place of delivery;
g) the name and address of the consignee;
h) the description of the nature of the goods and
the method of packing, and, in case of dangerous goods, the description
provided for in the Regulation concerning the International Carriage of
Dangerous Goods by Rail (RID);
i) the number of packages and the special marks
and numbers necessary for the identification of consignments in less than full
wagon loads;
j) the number of the wagon in the case of carriage
of full wagon loads;
k) the number of the railway vehicle running on
its own wheels, if it is handed over for carriage as goods;
l) in addition, in the case of intermodal
transport units, the category, the number or other characteristics necessary
for their identification;
m) the gross mass or the quantity of the goods
expressed in other ways;
n) a detailed list of the documents which are
required by customs or other administrative authorities and are attached to the
consignment note or held at the disposal of the carrier at the offices of a
duly designated authority or a body designated in the contract;
o) the costs relating to carriage (the carriage
charge, incidental costs, customs duties and other costs incurred from the
conclusion of the contract until delivery) in so far as they must be paid by
the consignee or any other statement that the costs are payable by the
consignee;
p) a statement that the carriage is subject,
notwithstanding any clause to the contrary, to these Uniform Rules.
§ 2.
Where applicable the consignment note must also contain the following
particulars:
a) in the case of carriage by successive carriers,
the carrier who must deliver the goods when he has consented to this entry in
the consignment note;
b) the costs which the consignor undertakes to
pay;
c) the amount of the cash on delivery charge;
d) the declaration of the value of the goods and
the amount representing the special interest in delivery;
e) the agreed transit period;
f) the agreed route;
g) a list of the documents not mentioned in
§ 1, letter n) handed over to the carrier;
h) the entries made by the consignor concerning
the number and description of seals he has affixed to the wagon.
§ 3.
The parties to the contract may enter on the consignment note any other
particulars they consider useful.
Article
8
Responsibility
for particulars entered on the consignment note
§ 1.
The consignor shall be responsible for all costs, loss or damage sustained by
the carrier by reason of
a) the entries made by the consignor in the
consignment note being irregular, incorrect, incomplete or made elsewhere than
in the allotted space, or
b) the consignor omitting to make the entries
prescribed by RID.
§ 2.
If, at the request of the consignor, the carrier makes entries on the
consignment note, he shall be deemed, unless the contrary is proved, to have
done so on behalf of the consignor.
§ 3.
If the consignment note does not contain the statement provided for in Article
7 § 1, letter p), the carrier shall be liable for all costs, loss or
damage sustained through such omission by the person entitled.
Article 9
Dangerous
goods
If the
consignor has failed to make the entries prescribed by RID, the carrier may at
any time unload or destroy the goods or render them innocuous, as the
circumstances may require, without payment of compensation, save when he was
aware of their dangerous nature on taking them over.
Article
10
Payment
of costs
§ 1.
Unless otherwise agreed between the consignor and the carrier, the costs (the
carriage charge, incidental costs, customs duties and other costs incurred from
the time of the conclusion of the contract to the time of delivery) shall be
paid by the consignor.
§ 2.
When by virtue of an agreement between the consignor and the carrier, the costs
are payable by the consignee and the consignee has not taken possession of the
consignment note nor asserted his rights in accordance with Article 17
§ 3, nor modified the contract of carriage in accordance with Article 18,
the consignor shall remain liable to pay the costs.
Article
11
Examination
§ 1.
The carrier shall have the right to examine at any time whether the conditions
of carriage have been complied with and whether the consignment corresponds
with the entries in the consignment note made by the consignor. If the
examination concerns the contents of the consignment, this shall be carried out
as far as possible in the presence of the person entitled; where this is not
possible, the carrier shall require the presence of two independent witnesses,
unless the laws and prescriptions of the State where the examination takes
place provide otherwise.
§ 2.
If the consignment does not correspond with the entries in the consignment note
or if the provisions relating to the carriage of goods accepted subject to
conditions have not been complied with, the result of the examination must be
entered in the copy of the consignment note which accompanies the goods, and
also in the duplicate of the consignment note, if it is still held by the
carrier. In this case the costs of the examination shall be charged against the
goods, if they have not been paid immediately.
§ 3.
When the consignor loads the goods, he shall be entitled to require the carrier
to examine the condition of the goods and their packaging as well as the
accuracy of statements on the consignment note as to the number of packages,
their marks and numbers as well as the gross mass of the goods or their
quantity otherwise expressed. The carrier shall be obliged to proceed with the
examination only if he has appropriate means of carrying it out. The carrier
may demand the payment of the costs of the examination. The result of the
examination shall be entered on the consignment note.
Article
12
Evidential
value of the consignment note
§ 1.
The consignment note shall be prima facie evidence of the conclusion and the
conditions of the contract of carriage and the taking over of the goods by the
carrier.
§ 2.
If the carrier has loaded the goods, the consignment note shall be prima facie
evidence of the condition of the goods and their packaging indicated on the
consignment note or, in the absence of such indications, of their apparently
good condition at the moment they were taken over by the carrier and of the
accuracy of the statements in the consignment note concerning the number of
packages, their marks and numbers as well as the gross mass of the goods or
their quantity otherwise expressed.
§ 3.
If the consignor has loaded the goods, the consignment note shall be prima
facie evidence of the condition of the goods and of their packaging indicated
in the consignment note or, in the absence of such indication, of their
apparently good condition and of the accuracy of the statements referred to in
§ 2 solely in the case where the carrier has examined them and recorded on
the consignment note a result of his examination which tallies.
§ 4.
However, the consignment note will not be prima facie evidence in a case where
it bears a reasoned reservation. A reason for a reservation could be that the
carrier does not have the appropriate means to examine whether the consignment
corresponds to the entries in the consignment note.
Article
13
Loading
and unloading of the goods
§ 1.
The consignor and the carrier shall agree who is responsible for the loading
and unloading of the goods. In the absence of such an agreement, for packages
the loading and unloading shall be the responsibility of the carrier whereas
for full wagon loads loading shall be the responsibility of the consignor and
unloading, after delivery, the responsibility of the consignee.
§ 2.
The consignor shall be liable for all the consequences of defective loading
carried out by him and must in particular compensate the carrier for the loss
or damage sustained in consequence by him. The burden of proof of defective
loading shall lie on the carrier.
Article
14
Packing
The consignor
shall be liable to the carrier for any loss or damage and costs due to the
absence of, or defects in, the packing of goods, unless the defectiveness was
apparent or known to the carrier at the time when he took over the goods and he
made no reservations concerning it.
Article
15
Completion
of administrative formalities
§ 1.
With a view to the completion of the formalities required by customs and other
administrative authorities, to be completed before delivery of the goods, the
consignor must attach the necessary documents to the consignment note or make
them available to the carrier and furnish him with all the requisite
information.
§ 2.
The carrier shall not be obliged to check whether these documents and this
information are correct and sufficient. The consignor shall be liable to the
carrier for any loss or damage resulting from the absence or insufficiency of,
or any irregularity in, such documents and information, save in the case of
fault of the carrier.
§ 3.
The carrier shall be liable for any consequences arising from the loss or
misuse of the documents referred to in the consignment note and accompanying it
or deposited with the carrier, unless the loss of the documents or the loss or
damage caused by the misuse of the documents has been caused by circumstances
which the carrier could not avoid and the consequences of which he was unable
to prevent. Nevertheless any compensation payable shall not exceed that
provided for in the event of loss of the goods.
§ 4.
The consignor, by so indicating in the consignment note, or the consignee by
giving orders as provided for in Article 18 § 3 may ask
a) to be present himself or to be represented by
an agent when the customs or other administrative formalities are carried out,
for the purpose of furnishing any information or explanation required;
b) to complete the customs or other administrative
formalities himself or to have them completed by an agent, in so far as the
laws and prescriptions of the State in which they are to be carried out so
permit;
c) to pay customs duties and other charges, when
he or his agent is present at or completes the customs or other administrative
formalities, in so far as the laws and prescriptions of the State in which they
are carried out permit such payment.
In
such circumstances neither the consignor, nor the consignee who has the right
of disposal, nor the agent of either may take possession of the goods.
§ 5.
If, for the completion of the customs or other administrative formalities, the
consignor has designated a place where the prescriptions in force do not permit
their completion, or if he has stipulated for the purpose any other procedure
which cannot be followed, the carrier shall act in the manner which appears to
him to be the most favourable to the interests of the person entitled and shall
inform the consignor of the measures taken.
§ 6.
If the consignor has undertaken to pay customs duties, the carrier shall have
the choice of completing customs formalities either in transit or at the
destination place.
§ 7.
However, the carrier may proceed in accordance with § 5 if the consignee
has not taken possession of the consignment note within the period fixed by the
prescriptions in force at the destination place.
§ 8.
The consignor must comply with the prescriptions of customs or other
administrative authorities with respect to the packing and sheeting of the
goods. If the consignor has not packed or sheeted the goods in accordance with
those prescriptions the carrier shall be entitled to do so; the resulting cost
shall be charged against the goods.
Article
16
Transit
periods
§ 1.
The consignor and the carrier shall agree the transit period. In the absence of
an agreement, the transit period must not exceed that which would result from
the application of §§ 2 to 4.
§ 2.
Subject to §§ 3 and 4, the maximum transit periods shall be as follows:
a) for wagon-load consignments
– period for consignment 12 hours,
– period for carriage, for each 400 km or
fraction thereof 24 hours;
b) for less than wagon-load consignment-period for
consignments 24 hours,
– period for carriage, for each 200 km or fraction
thereof 24 hours.
The
distances shall relate to the agreed route or, in the absence thereof, to the
shortest possible route.
§ 3.
The carrier may fix additional transit periods of specified duration in the
following cases :
a) consignments to be carried
– by lines of a different gauge,
– by sea or inland waterway,
– by road if there is no rail link;
b) exceptional circumstances causing an
exceptional increase in traffic or exceptional operating difficulties.
The
duration of the additional transit periods must appear in the General
Conditions of Carriage.
§ 4.
The transit period shall start to run after the taking over of the goods; it
shall be extended by the duration of a stay caused without any fault of the
carrier. The transit period shall be suspended on Sundays and statutory
holidays.
Article
17
Delivery
§ 1.
The carrier must hand over the consignment note and deliver the goods to the
consignee at the place designated for delivery against receipt and payment of
the amounts due according to the contract of carriage.
§ 2.
It shall be equivalent to delivery to the consignee if, in accordance with the
prescriptions in force at the place of destination,
a) the goods have been handed over to customs or
octroi authorities at their premises or warehouses, when these are not subject
to the carrier’s supervision;
b) the goods have been deposited for storage with
the carrier, with a forwarding agent or in a public warehouse.
§ 3.
After the arrival of the goods at the place of destination, the consignee may
ask the carrier to hand over the consignment note and deliver the goods to him.
If the loss of the goods is established or if the goods have not arrived on the
expiry of the period provided for in Article 29 § 1, the consignee may
assert, in his own name, his rights against the carrier under the contract of
carriage.
§ 4.
The person entitled may refuse to accept the goods, even when he has received
the consignment note and paid the charges resulting from the contract of
carriage, so long as an examination which he has demanded in order to establish
alleged loss or damage has not been carried out.
§ 5.
In other respects, delivery of the goods shall be carried out in accordance
with the prescriptions in force at the place of destination.
§ 6.
If the goods have been delivered without prior collection of a cash on delivery
charge, the carrier shall be obliged to compensate the consignor up to the
amount of the cash on delivery charge without prejudice to his right of
recourse against the consignee.
Article
18
Right
to dispose of the goods
§ 1.
The consignor shall be entitled to dispose of the goods and to modify the
contract of carriage by giving subsequent orders. He may in particular ask the
carrier
a) to discontinue the carriage of the goods;
b) to delay the delivery of the goods;
c) to deliver the goods to a consignee different
from the one entered on the consignment note;
d) to deliver the goods at a place other than the
place of destination entered on the consignment note.
§ 2.
The consignor’s right to modify the contract of carriage shall, notwithstanding
that he is in possession of the duplicate of the consignment note, be
extinguished in cases where the consignee
a) has taken possession of the consignment note;
b) has accepted the goods;
c) has asserted his rights in accordance with
Article 17 § 3;
d) is entitled, in accordance with § 3, to
give orders; from that time onwards, the carrier shall comply with the orders
and instructions of the consignee.
§ 3.
The consignee shall have the right to modify the contract of carriage from the
time when the consignment note is drawn up, unless the consignor indicates to
the contrary on the consignment note.
§ 4.
The consignee’s right to modify the contract of carriage shall be extinguished
in cases where he has
a) taken possession of the consignment note;
b) accepted the goods;
c) asserted his rights in accordance with Article
17 § 3;
d) given instructions for delivery of the goods to
another person in accordance with § 5 and when that person has asserted
his rights in accordance with Article 17 § 3.
§ 5.
If the consignee has given instructions for delivery of the goods to another
person, that person shall not be entitled to modify the contract of carriage.
Article
19
Exercise
of the right to dispose of the goods
§ 1.
If the consignor or, in the case referred to in Article 18 § 3, the
consignee wishes to modify the contract of carriage by giving subsequent
orders, he must produce to the carrier the duplicate of the consignment note on
which the modifications have to be entered.
§ 2.
The consignor or, in the case referred to in Article 18 § 3, the consignee
must compensate the carrier for the costs and the prejudice arising from the
carrying out of subsequent modifications.
§ 3.
The carrying out of the subsequent modifications must be possible, lawful and
reasonable to require at the time when the orders reach the person who is to
carry them out, and must in particular neither interfere with the normal
working of the carrier’s undertaking nor prejudice the consignors or consignees
of other consignments.
§ 4.
The subsequent modifications must not have the effect of splitting the
consignment.
§ 5.
When, by reason of the conditions provided for in § 3, the carrier cannot
carry out the orders which he receives he shall immediately notify the person
from whom the orders emanate.
§ 6.
In the case of fault of the carrier he shall be liable for the consequences of
failure to carry out an order or failure to carry it out properly.
Nevertheless, any compensation payable shall not exceed that provided for in
case of loss of the goods.
§ 7.
If the carrier implements the consignor’s subsequent modifications without
requiring the production of the duplicate of the consignment note, the carrier
shall be liable to the consignee for any loss or damage sustained by him if the
duplicate has been passed on to the consignee. Nevertheless, any compensation
payable shall not exceed that provided for in case of loss of the goods.
Article
20
Circumstances
preventing carriage
§ 1.
When circumstances prevent the carriage of goods, the carrier shall decide
whether it is preferable to carry the goods as a matter of course by modifying
the route or whether it is advisable, in the interest of the person entitled,
to ask him for instructions while giving him any relevant information available
to the carrier.
§ 2.
If it is impossible to continue carrying the goods, the carrier shall ask for
instructions from the person who has the right to dispose of the goods. If the
carrier is unable to obtain instructions within a reasonable time he must take
such steps as seem to him to be in the best interests of the person entitled to
dispose of the goods.
Article
21
Circumstances
preventing delivery
§ 1.
When circumstances prevent delivery, the carrier must without delay inform the
consignor and ask him for instructions, save where the consignor has requested,
by an entry in the consignment note, that the goods be returned to him as a
matter of course in the event of circumstances preventing delivery.
§ 2.
When the circumstances preventing delivery cease to exist before arrival of
instructions from the consignor to the carrier the goods shall be delivered to
the consignee. The consignor must be notified without delay.
§ 3.
If the consignee refuses the goods, the consignor shall be entitled to give
instructions even if he is unable to produce the duplicate of the consignment
note.
§ 4.
When the circumstances preventing delivery arise after the consignee has modified
the contract of carriage in accordance with Article 18 §§ 3 to 5 the
carrier must notify the consignee.
Article
22
Consequences
of circumstances preventing carriage and delivery
§ 1.
The carrier shall be entitled to recover the costs occasioned by
a) his request for instructions,
b) the carrying out of instructions received,
c) the fact that instructions requested do not
reach him or do not reach him in time,
d) the fact that he has taken a decision in
accordance with Article 20 § 1, without having asked for instructions,
unless
such costs were caused by his fault. The carrier may in particular recover the
carriage charge applicable to the route followed and shall be allowed the
transit periods applicable to such route.
§ 2.
In the cases referred to in Article 20 § 2 and Article 21 § 1 the
carrier may immediately unload the goods at the cost of the person entitled.
Thereupon the carriage shall be deemed to be at an end. The carrier shall then
be in charge of the goods on behalf of the person entitled. He may, however,
entrust them to a third party, and shall then be responsible only for the
exercise of reasonable care in the choice of such third party. The charges due
under the contract of carriage and all other costs shall remain chargeable against
the goods.
§ 3.
The carrier may proceed to the sale of the goods, without awaiting instructions
from the person entitled, if this is justified by the perishable nature or the
condition of the goods or if the costs of storage would be out of proportion to
the value of the goods. In other cases he may also proceed to the sale of the
goods if within a reasonable time he has not received from the person entitled
instructions to the contrary which he may reasonably be required to carry out.
§ 4.
If the goods have been sold, the proceeds of sale, after deduction of the costs
chargeable against the goods, must be placed at the disposal of the person
entitled. If the proceeds of sale are less than those costs, the consignor must
pay the difference.
§ 5.
The procedure in the case of sale shall be determined by the laws and
prescriptions in force at, or by the custom of, the place where the goods are
situated.
§ 6.
If the consignor, in the case of circumstances preventing carriage or delivery,
fails to give instructions within a reasonable time and if the circumstances
preventing carriage or delivery cannot be eliminated in accordance with
§§ 2 and 3, the carrier may return the goods to the consignor or, if it is
justified, destroy them, at the cost of the consignor.
Title
III
Liability
Article
23
Basis
of liability
§ 1.
The carrier shall be liable for loss or damage resulting from the total or
partial loss of, or damage to, the goods between the time of taking over of the
goods and the time of delivery and for the loss or damage resulting from the
transit period being exceeded, whatever the railway infrastructure used.
§ 2.
The carrier shall be relieved of this liability to the extent that the loss or
damage or the exceeding of the transit period was caused by the fault of the
person entitled, by an order given by the person entitled other than as a
result of the fault of the carrier, by an inherent defect in the goods (decay,
wastage etc.) or by circumstances which the carrier could not avoid and the
consequences of which he was unable to prevent.
§ 3.
The carrier shall be relieved of this liability to the extent that the loss or
damage arises from the special risks inherent in one or more of the following
circumstances :
a) carriage in open wagons pursuant to the General
Conditions of Carriage or when it has been expressly agreed and entered in the
consignment note; subject to damage sustained by the goods because of
atmospheric influences, goods carried in intermodal transport units and in
closed road vehicles carried on wagons shall not be considered as being carried
in open wagons; if for the carriage of goods in open wagons, the consignor uses
sheets, the carrier shall assume the same liability as falls to him for
carriage in open wagons without sheeting, even in respect of goods which,
according to the General Conditions of Carriage, are not carried in open
wagons;
b) absence or inadequacy of packaging in the case
of goods which by their nature are liable to loss or damage when not packed or
when not packed properly;
c) loading of the goods by the consignor or
unloading by the consignee;
d) the nature of certain goods which particularly
exposes them to total or partial loss or damage, especially through breakage,
rust, interior and spontaneous decay, desiccation or wastage;
e) irregular, incorrect or incomplete description
or numbering of packages;
f) carriage of live animals;
g) carriage which, pursuant to applicable
provisions or agreements made between the consignor and the carrier and entered
on the consignment note, must be accompanied by an attendant, if the loss or
damage results from a risk which the attendant was intended to avert.
Article
24
Liability
in case of carriage of railway vehicles as goods
§ 1.
In case of carriage of railway vehicles running on their own wheels and
consigned as goods, the carrier shall be liable for the loss or damage
resulting from the loss of, or damage to, the vehicle or to its removable parts
arising between the time of taking over for carriage and the time of delivery
and for loss or damage resulting from exceeding the transit period, unless he
proves that the loss or damage was not caused by his fault.
§ 2.
The carrier shall not be liable for loss or damage resulting from the loss of
accessories which are not mentioned on both sides of the vehicle or in the
inventory which accompanies it.
Article
25
Burden
of proof
§ 1.
The burden of proving that the loss, damage or exceeding of the transit period
was due to one of the causes specified in Article 23 § 2 shall lie on the
carrier.
§ 2.
When the carrier establishes that, having regard to the circumstances of a
particular case, the loss or damage could have arisen from one or more of the
special risks referred to in Article 23 § 3, it shall be presumed that it
did so arise. The person entitled shall, however, have the right to prove that
the loss or damage was not attributable either wholly or in part to one of
those risks.
§ 3.
The presumption according to § 2 shall not apply in the case provided for
in Article 23 § 3, letter a) if an abnormally large quantity has been lost
or if a package has been lost.
Article
26
Successive
carriers
If carriage
governed by a single contract is performed by several successive carriers, each
carrier, by the very act of taking over the goods with the consignment note,
shall become a party to the contract of carriage in accordance with the terms
of that document and shall assume the obligations arising therefrom. In such a
case each carrier shall be responsible in respect of carriage over the entire
route up to delivery.
Article
27
Substitute
carrier
§ 1.
Where the carrier has entrusted the performance of the carriage, in whole or in
part, to a substitute carrier, whether or not in pursuance of a right under the
contract of carriage to do so, the carrier shall nevertheless remain liable in
respect of the entire carriage.
§ 2.
All the provisions of these Uniform Rules governing the liability of the
carrier shall also apply to the liability of the substitute carrier for the
carriage performed by him. Articles 36 and 41 shall apply if an action is
brought against the servants and any other persons whose services the
substitute carrier makes use of for the performance of the carriage.
§ 3.
Any special agreement under which the carrier assumes obligations not imposed
by these Uniform Rules or waives rights conferred by these Uniform Rules shall
be of no effect in respect of the substitute carrier who has not accepted it
expressly and in writing. Whether or not the substitute carrier has accepted
it, the carrier shall nevertheless remain bound by the obligations or waivers
resulting from such special agreement.
§ 4.
Where and to the extent that both the carrier and the substitute carrier are
liable, their liability shall be joint and several.
§ 5.
The aggregate amount of compensation payable by the carrier, the substitute
carrier and their servants and other persons whose services they make use of
for the performance of the carriage shall not exceed the limits provided for in
these Uniform Rules.
§ 6.
This article shall not prejudice rights of recourse which may exist between the
carrier and the substitute carrier.
Article
28
Presumption
of loss or damage in case of reconsignment
§ 1.
When a consignment consigned in accordance with these Uniform Rules has been
reconsigned subject to these same Rules and partial loss or damage has been
ascertained after that reconsignment, it shall be presumed that it occurred
under the latest contract of carriage if the consignment remained in the charge
of the carrier and was reconsigned in the same condition as when it arrived at
the place from which it was reconsigned.
§ 2.
This presumption shall also apply when the contract of carriage prior to the
reconsignment was not subject to these Uniform Rules, if these Rules would have
applied in the case of a through consignment from the first place of consignment
to the final place of destination.
§ 3.
This presumption shall also apply when the contract of carriage prior to the
reconsignment was subject to a convention concerning international through
carriage of goods by rail comparable with these Uniform Rules, and when this
convention contains the same presumption of law in favour of consignments
consigned in accordance with these Uniform Rules.
Article
29
Presumption
of loss of the goods
§ 1.
The person entitled may, without being required to furnish further proof,
consider the goods as lost when they have not been delivered to the consignee
or placed at his disposal within thirty days after the expiry of the transit
periods.
§ 2.
The person entitled may, on receipt of the payment of compensation for the goods
lost, make a written request to be notified without delay should the goods be
recovered within one year after the payment of compensation. The carrier shall
acknowledge such request in writing.
§ 3.
Within thirty days after receipt of a notification referred to in § 2, the
person entitled may require the goods to be delivered to him against payment of
the costs resulting from the contract of carriage and against refund of the
compensation received, less, where appropriate, costs which may have been included
therein. Nevertheless he shall retain his rights to claim compensation for
exceeding the transit period provided for in Articles 33 and 35.
§ 4.
In the absence of the request referred to in § 2 or of instructions given
within the period specified in § 3, or if the goods are recovered more
than one year after the payment of compensation, the carrier shall dispose of
them in accordance with the laws and prescriptions in force at the place where
the goods are situated.
Article
30
Compensation
for loss
§ 1.
In case of total or partial loss of the goods, the carrier must pay, to the
exclusion of all other damages, compensation calculated according to the
commodity exchange quotation or, if there is no such quotation, according to
the current market price, or if there is neither such quotation nor such price,
according to the usual value of goods of the same kind and quality on the day
and at the place where the goods were taken over.
§ 2.
Compensation shall not exceed 17 units of account per kilogramme of gross mass
short.
§ 3.
In case of loss of a railway vehicle running on its own wheels and consigned as
goods, or of an intermodal transport unit, or of their removable parts, the
compensation shall be limited, to the exclusion of all other damages, to the
usual value of the vehicle or the intermodal transport unit, or their removable
parts, on the day and at the place of loss. If it is impossible to ascertain
the day or the place of the loss, the compensation shall be limited to the
usual value on the day and at the place where the vehicle has been taken over
by the carrier.
§ 4.
The carrier must, in addition, refund the carriage charge, customs duties
already paid and other sums paid in relation to the carriage of the goods lost
except excise duties for goods carried under a procedure suspending those
duties.
Article
31
Liability
for wastage in transit
§ 1.
In respect of goods which, by reason of their nature, are generally subject to
wastage in transit by the sole fact of carriage, the carrier shall only be liable
to the extent that the wastage exceeds the following allowances, whatever the
length of the route:
a) two per cent of the mass for liquid goods or
goods consigned in a moist condition;
b) one per cent of the mass for dry goods.
§ 2.
The limitation of liability provided for in § 1 may not be invoked if,
having regard to the circumstances of a particular case, it is proved that the
loss was not due to causes which would justify the allowance.
§ 3.
Where several packages are carried under a single consignment note, the wastage
in transit shall be calculated separately for each package if its mass on
consignment is shown separately on the consignment note or can be ascertained
otherwise.
§ 4.
In case of total loss of goods or in case of loss of a package, no deduction
for wastage in transit shall be made in calculating the compensation.
§ 5.
This Article shall not derogate from Articles 23 and 25.
Article
32
Compensation
for damage
§ 1.
In case of damage to goods, the carrier must pay compensation equivalent to the
loss in value of the goods, to the exclusion of all other damages. The amount
shall be calculated by applying to the value of the goods defined in accordance
with Article 30 the percentage of loss in value noted at the place of
destination.
§ 2.
The compensation shall not exceed :
a) if the whole consignment has lost value through
damage, the amount which would have been payable in case of total loss;
b) if only part of the consignment has lost value
through damage, the amount which would have been payable had that part been
lost.
§ 3.
In case of damage to a railway vehicle running on its own wheels and consigned
as goods, or of an intermodal transport unit, or of their removable parts, the
compensation shall be limited, to the exclusion of all other damages, to the
cost of repair. The compensation shall not exceed the amount payable in case of
loss.
§ 4.
The carrier must also refund the costs provided for in Article 30 § 4, in
the proportion set out in § 1.
Article
33
Compensation
for exceeding the transit period
§ 1.
If loss or damage results from the transit period being exceeded, the carrier
must pay compensation not exceeding four times the carriage charge.
§ 2.
In case of total loss of the goods, the compensation provided for in § 1
shall not be payable in addition to that provided for in Article 30.
§ 3.
In case of partial loss of the goods, the compensation provided for in § 1
shall not exceed four times the carriage charge in respect of that part of the
consignment which has not been lost.
§ 4.
In case of damage to the goods, not resulting from the transit period being
exceeded, the compensation provided for in § 1 shall, where appropriate,
be payable in addition to that provided for in Article 32.
§ 5.
In no case shall the total of compensation provided for in § 1 together
with that provided for in Articles 30 and 32 exceed the compensation which
would be payable in case of total loss of the goods.
§ 6.
If, in accordance with Article 16 § 1, the transit period has been
established by agreement, other forms of compensation than those provided for
in § 1 may be so agreed. If, in this case, the transit periods provided
for in Article 16 §§ 2 to 4 are exceeded, the person entitled may claim
either the compensation provided for in the agreement mentioned above or that
provided for in §§ 1 to 5.
Article 34
Compensation
in case of declaration of value
The consignor
and the carrier may agree that the consignor shall declare in the consignment
note a value for the goods exceeding the limit provided for in Article 30
§ 2. In such a case the amount declared shall be substituted for that
limit.
Article 35
Compensation
in case of interest in delivery
The consignor
and the carrier may agree that the consignor may declare, by entering an amount
in figures in the consignment note, a special interest in delivery, in case of
loss, damage or exceeding of the transit period. In case of a declaration of
interest in delivery further compensation for loss or damage proved may be
claimed, in addition to the compensation provided for in Articles 30, 32 and
33, up to the amount declared.
Article 36
Loss
of right to invoke the limits of liability
The limits of
liability provided for in Article 15 § 3, Article 19 §§ 6 and 7,
Article 30 and Articles 32 to 35 shall not apply if it is proved that the loss
or damage results from an act or omission, which the carrier has committed
either with intent to cause such loss or damage, or recklessly and with
knowledge that such loss or damage would probably result.
Article 37
Conversion
and interest
§ 1.
Where the calculation of the compensation requires the conversion of sums
expressed in foreign currency, conversion shall be at the exchange rate
applicable on the day and at the place of payment of compensation.
§ 2.
The person entitled may claim interest on compensation, calculated at five per
cent per annum, from the day of the claim provided for in Article 43 or, if no
such claim has been made, from the day on which legal proceedings were
instituted.
§ 3.
If the person entitled does not submit to the carrier, within a reasonable time
allotted to him, the supporting documents required for the amount of the claim
to be finally settled, no interest shall accrue between the expiry of the time
allotted and the actual submission of such documents.
Article 38
Liability
in respect of rail-sea traffic
§ 1.
In rail-sea carriage by the services referred to in Article 24 § 1 of the
Convention any Member State may, by requesting that a suitable note be included
in the list of services to which these Uniform Rules apply, add the following
grounds for exemption from liability in their entirety to those provided for in
Article 23 :
a) fire, if the carrier proves that it was not
caused by his act or default, or that of the master, a mariner, the pilot or
the carrier’s servants;
b) saving or attempting to save life or property
at sea;
c) loading of goods on the deck of the ship, if
they are so loaded with the consent of the consignor given on the consignment
note and are not in wagons;
d) perils, dangers and accidents of the sea or
other navigable waters.
§ 2.
The carrier may only avail himself of the grounds for exemption referred to in
§ 1 if he proves that the loss, damage or exceeding the transit period
occurred in the course of the journey by sea between the time when the goods
were loaded on board the ship and the time when they were unloaded from the
ship.
§ 3.
When the carrier relies on the grounds for exemption referred to in § 1,
he shall nevertheless remain liable if the person entitled proves that the
loss, damage or exceeding the transit period is due to the fault of the carrier,
the master, a mariner, the pilot or the carrier’s servants.
§ 4.
Where a sea route is served by several undertakings included in the list of
services in accordance with Article 24 § 1 of the Convention, the
liability regime applicable to that route must be the same for all those
undertakings. In addition, where those undertakings have been included in the
list at the request of several Member States, the adoption of this regime must
be the subject of prior agreement between those States.
§ 5.
The measures taken in accordance with §§ 1 and 4 shall be notified to the
Secretary General. They shall come into force at the earliest at the expiry of
a period of thirty days from the day on which the Secretary General notifies
them to the other Member States. Consignments already in transit shall not be
affected by such measures.
Article 39
Liability
in case of nuclear incidents
The carrier
shall be relieved of liability pursuant to these Uniform Rules for loss or
damage caused by a nuclear incident when the operator of a nuclear installation
or another person who is substituted for him is liable for the loss or damage
pursuant to the laws and prescriptions of a State governing liability in the
field of nuclear energy.
Article 40
Persons
for whom the carrier is liable
The carrier
shall be liable for his servants and other persons whose services he makes use
of for the performance of the carriage, when these servants and other persons
are acting within the scope of their functions. The managers of the railway
infrastructure on which the carriage is performed shall be considered as
persons whose services the carrier makes use of for the performance of the
carriage.
Article 41
Other
actions
§ 1.
In all cases where these Uniform Rules shall apply, any action in respect of
liability, on whatever grounds, may be brought against the carrier only subject
to the conditions and limitations laid down in these Uniform Rules.
§ 2.
The same shall apply to any action brought against the servants or other
persons for whom the carrier is liable pursuant to Article 40.
Title
IV
Assertion
of Rights
Article 42
Ascertainment
of partial loss or damage
§ 1.
When partial loss or damage is discovered or presumed by the carrier or alleged
by the person entitled, the carrier must without delay, and if possible in the
presence of the person entitled, draw up a report stating, according to the
nature of the loss or damage, the condition of the goods, their mass and, as
far as possible, the extent of the loss or damage, its cause and the time of its
occurrence.
§ 2.
A copy of the report must be supplied free of charge to the person entitled.
§ 3.
Should the person entitled not accept the findings in the report, he may
request that the condition and mass of the goods and the cause and amount of
the loss or damage be ascertained by an expert appointed either by the parties
to the contract of carriage or by a court or tribunal. The procedure to be
followed shall be governed by the laws and prescriptions of the State in which
such ascertainment takes place.
Article 43
Claims
§ 1.
Claims relating to the contract of carriage must be addressed in writing to the
carrier against whom an action may be brought.
§ 2.
A claim may be made by persons who have the right to bring an action against
the carrier.
§ 3.
To make the claim the consignor must produce the duplicate of the consignment
note. Failing this he must produce an authorisation from the consignee or
furnish proof that the consignee has refused to accept the goods.
§ 4.
To make the claim the consignee must produce the consignment note if it has
been handed over to him.
§ 5.
The consignment note, the duplicate and any other documents which the person
entitled thinks fit to submit with the claim must be produced either in the
original or as copies, the copies, where appropriate, duly certified if the
carrier so requests.
§ 6.
On settlement of the claim the carrier may require the production, in the
original form, of the consignment note, the duplicate or the cash on delivery
voucher so that they may be endorsed to the effect that settlement has been
made.
Article 44
Persons
who may bring an action against the carrier
§ 1.
Subject to §§ 3 and 4 actions based on the contract of carriage may be
brought :
a) by the consignor, until such time as the
consignee has
1. taken possession of the consignment note,
2. accepted
the goods, or
3. asserted
his rights pursuant to Article 17 § 3 or Article 18 § 3;
b) by the consignee, from the time when he has
1. taken possession of the consignment note,
2. accepted
the goods, or
3. asserted
his rights pursuant to Article 17 § 3 or Article 18 § 3.
§ 2.
The right of the consignee to bring an action shall be extinguished from the
time when the person designated by the consignee in accordance with Article 18
§ 5 has taken possession of the consignment note, accepted the goods or
asserted his rights pursuant to Article 17 § 3.
§ 3.
An action for the recovery of a sum paid pursuant to the contract of carriage
may only be brought by the person who made the payment.
§ 4.
An action in respect of cash on delivery payments may only be brought by the consignor.
§ 5.
In order to bring an action the consignor must produce the duplicate of the
consignment note. Failing this he must produce an authorisation from the
consignee or furnish proof that the consignee has refused to accept the goods.
If necessary, the consignor must prove the absence or the loss of the
consignment note.
§ 6.
In order to bring an action the consignee must produce the consignment note if
it has been handed over to him.
Article 45
Carriers
against whom an action may be brought
§ 1.
Subject to §§ 3 and 4 actions based on the contract of carriage may be
brought only against the first carrier, the last carrier or the carrier having
performed the part of the carriage on which the event giving rise to the
proceedings occurred.
§ 2.
When, in the case of carriage performed by successive carriers, the carrier who
must deliver the goods is entered with his consent on the consignment note, an
action may be brought against him in accordance with § 1 even if he has
received neither the goods nor the consignment note.
§ 3.
An action for the recovery of a sum paid pursuant to the contract of carriage
may be brought against the carrier who has collected that sum or against the
carrier on whose behalf it was collected.
§ 4.
An action in respect of cash on delivery payments may be brought only against
the carrier who has taken over the goods at the place of consignment.
§ 5.
An action may be brought against a carrier other than those specified in
§§ 1 to 4 when instituted by way of counter-claim or by way of exception
in proceedings relating to a principal claim based on the same contract of
carriage.
§ 6.
To the extent that these Uniform Rules apply to the substitute carrier, an
action may also be brought against him.
§ 7.
If the plaintiff has a choice between several carriers, his right to choose
shall be extinguished as soon as he brings an action against any one of them;
this shall also apply if the plaintiff has a choice between one or more carriers
and a substitute carrier.
Article 46
Forum
§ 1.
Actions based on these Uniform Rules may be brought before the courts or
tribunals of Member States designated by agreement between the parties or
before the courts or tribunals of a State on whose territory
a) the defendant has his domicile or habitual
residence, his principal place of business or the branch or agency which
concluded the contract of carriage, or
b) the place where the goods were taken over by
the carrier or the place designated for delivery is situated.
Other
courts or tribunals may not be seized.
§ 2.
Where an action based on these Uniform Rules is pending before a court or
tribunal competent pursuant to § 1, or where in such litigation a judgment
has been delivered by such a court or tribunal, no new action may be brought
between the same parties on the same grounds unless the judgment of the court
or tribunal before which the first action was brought is not enforceable in the
State in which the new action is brought.
Article 47
Extinction
of right of action
§ 1.
Acceptance of the goods by the person entitled shall extinguish all rights of
action against the carrier arising from the contract of carriage in case of
partial loss, damage or exceeding of the transit period.
§ 2.
Nevertheless, the right of action shall not be extinguished :
a) in case of partial loss or damage, if
1. the loss or damage was ascertained in
accordance with Article 42 before the acceptance of the goods by the person
entitled;
2. the ascertainment which should have been
carried out in accordance with Article 42 was omitted solely through the fault
of the carrier;
b) in case of loss or damage which is not apparent
whose existence is ascertained after acceptance of the goods by the person
entitled, if he
1. asks for ascertainment in accordance with
Article 42 immediately after discovery of the loss or damage and not later than
seven days after the acceptance of the goods, and
2. in addition, proves that the loss or damage
occurred between the time of taking over and the time of delivery;
c) in cases where the transit period has been
exceeded, if the person entitled has, within sixty days, asserted his rights
against one of the carriers referred to in Article 45 § 1;
d) if the person entitled proves that the loss or
damage results from an act or omission, done with intent to cause such loss or
damage, or recklessly and with knowledge that such loss or damage would
probably result.
§ 3.
If the goods have been reconsigned in accordance with Article 28 rights of
action in case of partial loss or in case of damage, arising from one of the
previous contracts of carriage, shall be extinguished as if there had been only
a single contract of carriage.
Article
48
Limitation
of actions
§ 1.
The period of limitation for an action arising from the contract of carriage
shall be one year. Nevertheless, the period of limitation shall be two years in
the case of an action
a) to recover a cash on delivery payment collected
by the carrier from the consignee;
b) to recover the proceeds of a sale effected by
the carrier;
c) for loss or damage resulting from an act or
omission done with intent to cause such loss or damage, or recklessly and with
knowledge that such loss or damage would probably result;
d) based on one of the contracts of carriage prior
to the reconsignment in the case provided for in Article 28.
§ 2.
The period of limitation shall run for actions
a) for compensation for total loss, from the
thirtieth day after expiry of the transit period;
b) for compensation for partial loss, damage or
exceeding of the transit period, from the day when delivery took place;
c) in all other cases, from the day when the right
of action may be exercised.
The
day indicated for the commencement of the period of limitation shall not be
included in the period.
§ 3.
The period of limitation shall be suspended by a claim in writing in accordance
with Article 43 until the day that the carrier rejects the claim by
notification in writing and returns the documents submitted with it. If part of
the claim is admitted, the period of limitation shall start to run again in
respect of the part of the claim still in dispute. The burden of proof of
receipt of the claim or of the reply and of the return of the documents shall
lie on the party who relies on those facts. The period of limitation shall not
be suspended by further claims having the same object.
§ 4.
A right of action which has become time-barred may not be exercised further,
even by way of counter-claim or relied upon by way of exception.
§ 5.
Otherwise, the suspension and interruption of periods of limitation shall be
governed by national law.
Title V
Relations
between Carriers
Article 49
Settlement
of accounts
§ 1.
Any carrier who has collected or ought to have collected, either at departure
or on arrival, charges or other costs arising out of the contract of carriage
must pay to the carriers concerned their respective shares. The methods of
payment shall be fixed by agreement between the carriers.
§ 2.
Article 12 shall also apply to the relations between successive carriers.
Article 50
Right
of recourse
§ 1.
A carrier who has paid compensation pursuant to these Uniform Rules shall have
a right of recourse against the carriers who have taken part in the carriage in
accordance with the following provisions:
a) the carrier who has caused the loss or damage
shall be solely liable for it;
b) when the loss or damage has been caused by
several carriers, each shall be liable for the loss or damage he has caused; if
such distinction is impossible, the compensation shall be apportioned between
them in accordance with letter c);
c) if it cannot be proved which of the carriers
has caused the loss or damage, the compensation shall be apportioned between
all the carriers who have taken part in the carriage, except those who prove
that the loss or damage was not caused by them; such apportionment shall be in
proportion to their respective shares of the carriage charge.
§ 2.
In the case of insolvency of any one of these carriers, the unpaid share due
from him shall be apportioned among all the other carriers who have taken part
in the carriage, in proportion to their respective shares of the carriage
charge.
Article 51
Procedure
for recourse
§ 1.
The validity of the payment made by the carrier exercising a right of recourse
pursuant to Article 50 may not be disputed by the carrier against whom the
right of recourse is exercised, when compensation has been determined by a
court or tribunal and when the latter carrier, duly served with notice of the
proceedings, has been afforded an opportunity to intervene in the proceedings.
The court or tribunal seized of the principal action shall determine what time
shall be allowed for such notification of the proceedings and for intervention
in the proceedings.
§ 2.
A carrier exercising his right of recourse must make his claim in one and the
same proceedings against all the carriers with whom he has not reached a
settlement, failing which he shall lose his right of recourse in the case of those
against whom he has not taken proceedings.
§ 3.
The court or tribunal must give its decision in one and the same judgment on
all recourse claims brought before it.
§ 4.
The carrier wishing to enforce his right of recourse may bring his action in
the courts or tribunals of the State on the territory of which one of the
carriers participating in the carriage has his principal place of business, or
the branch or agency which concluded the contract of carriage.
§ 5.
When the action must be brought against several carriers, the plaintiff carrier
shall be entitled to choose the court or tribunal in which he will bring the
proceedings from among those having competence pursuant to § 4.
§ 6.
Recourse proceedings may not be joined with proceedings for compensation taken
by the person entitled under the contract of carriage.
Article 52
Agreements
concerning recourse
The carriers
may conclude agreements which derogate from Articles 49 and 50.
Regulation
concerning the International Carriage of Dangerous Goods by Rail
(RID – Appendix C to the Convention)
Article 1
Scope
§ 1.
This Regulation shall apply
a) to the international carriage of dangerous
goods by rail on the territory of Member States,
b)
to carriage complementary to carriage by
rail to which the CIM Uniform Rules are applicable, subject to the
international prescriptions governing carriage by another mode of transport,
as
well as the activities referred to by the Annex to this Regulation.
§ 2.
Dangerous goods barred from carriage by the Annex must not be accepted for
international carriage.
Article
2
Exemptions
This Regulation
shall not apply, in whole or in part, to the carriage of dangerous goods for
which an exemption is provided in the Annex. Exemptions may only be provided
when the quantity or the nature of the exempted carriage of goods or the
packaging would guarantee the safety of the carriage.
Article 3
Restrictions
Each Member
State shall retain the right to regulate or prohibit, for reasons other than
safety during carriage, the international carriage of dangerous goods on its
territory.
Article
4
Other
prescriptions
The carriage to
which this Regulation applies shall remain subject to the national or
international prescriptions applicable in general to the carriage of goods by
rail.
Article 5
Type
of trains allowed. Carriage as hand luggage, registered luggage or on board
motor vehicles
§ 1.
Dangerous goods may only be carried in goods trains, except
a) dangerous goods which are acceptable for
carriage in accordance with the Annex complying with the relevant maximum
quantities and the special conditions of carriage in trains other than goods
trains;
b) dangerous goods which are carried, under the
special conditions of the Annex, as hand luggage, registered luggage or in or
on board motor vehicles in accordance with Article 12 of the CIV Uniform Rules.
§ 2.
The passenger may not take with him dangerous goods as hand luggage or consign
them as registered luggage or on board motor vehicles if they do not meet the
special conditions of the Annex.
Article 6
Annex
The Annex shall
form an integral part of this Regulation.
* * *
The text of the
Annex will be that drawn up by the Expert Committee for the Carriage of
Dangerous Goods, at the time of entry into force of the Protocol of 3 June 1999
modifying the Convention concerning International Carriage by Rail (COTIF) of 9
May 1980, in accordance with Article 19 § 4 of the latter.
Uniform
Rules concerning Contracts of Use of Vehicles in International Rail Traffic
(CUV – Appendix D to the Convention)
Article
1
Scope
These Uniform
Rules shall apply to bi- or multilateral contracts concerning the use of
railway vehicles as means of transport for carriage in accordance with the CIV
Uniform Rules and in accordance with the CIM Uniform Rules.
Article
2
Definitions
For the
purposes of these Uniform Rules the term
a) “rail transport undertaking” means a private or
public undertaking which is authorised to carry persons or goods and which
ensures traction;
b) “vehicle” means a vehicle, suitable to
circulate on its own wheels on railway lines, not provided with a means of
traction;
c) “keeper” means the person who, being the owner
or having the right to dispose of it, exploits a vehicle economically in a
permanent manner as a means of transport;
d) “home station” means the place mentioned on the
vehicle and to which the vehicle may or must be sent back in accordance with
the conditions of the contract of use.
Article
3
Signs
and inscriptions on the vehicles
§ 1.
Notwithstanding the prescriptions relating to the technical admission of
vehicles to circulate in international traffic, the person who provides a
vehicle, pursuant to a contract referred to in Article 1, must ensure that
there appears on the vehicle :
a) a statement of the keeper;
b) when applicable, a statement of the rail
transport undertaking to whose vehicle park the vehicle belongs;
c) when applicable, a statement of the home
station;
d) other signs and inscriptions agreed in the
contract of use.
§ 2.
The signs and inscriptions provided for in § 1 may be completed by means
of electronic identification.
Article
4
Liability
in case of loss of or damage to a vehicle
§ 1.
The rail transport undertaking to which the vehicle has been provided for use
as a means of transport shall be liable for the loss or damage resulting from
loss of or damage to the vehicle or its accessories, unless it proves that the
loss or damage was not caused by fault on its part.
§ 2.
The rail transport undertaking shall not be liable for loss or damage resulting
from loss of accessories which are not mentioned on both sides of the vehicle
or in the inventory which accompanies it.
§ 3.
In case of loss of the vehicle or its accessories, the compensation shall be
limited, to the exclusion of all other damages, to the usual value of the
vehicle or of its accessories at the place and time of loss. When it is
impossible to ascertain the day or the place of loss, the compensation shall be
limited to the usual value on the day and at the place where the vehicle has
been provided for use.
§ 4.
In case of damage to the vehicle or its accessories, the compensation shall be
limited, to the exclusion of all other damages, to the cost of repair. The
compensation shall not exceed the amount due in case of loss.
§ 5.
The contracting parties may agree provisions derogating from §§ 1 to 4.
Article
5
Loss
of right to invoke the limits of liability
The limits of
liability provided for in Article 4 §§ 3 and 4 shall not apply, if it is
proved that the loss or damage results from an act or omission, which the rail
transport undertaking has committed either with intent to cause such loss or
damage, or recklessly and with knowledge that such loss or damage would
probably result.
Article
6
Presumption
of loss of a vehicle
§ 1.
The person entitled may, without being required to furnish other proof,
consider a vehicle as lost when he has asked the rail transport undertaking to
which he provided the vehicle for use as a means of transport, to have a search
for the vehicle carried out and if the vehicle has not been put at his disposal
within three months following the day of receipt of his request or else when he
has not received any indication of the place where the vehicle is situated.
This period shall be increased by the time the vehicle is immobilised for any
reason not attributable to the rail transport undertaking or owing to damage.
§ 2.
If the vehicle considered as lost is recovered after the payment of the
compensation, the person entitled may require the rail transport undertaking to
which he provided the vehicle for its use as a means of transport, within a
period of six months after receiving notice of it, that the vehicle be returned
to him, without charge and against restitution of the compensation, at the home
station or at another agreed place.
§ 3.
In the absence of the request referred to in § 2, or alternatively if the
vehicle is recovered more than a year after the payment of the compensation,
the rail transport undertaking to which the person entitled provided the
vehicle for use as a means of transport, shall dispose of the vehicle in
accordance with the laws and prescriptions in force at the place where the vehicle
is situated.
§ 4.
The contracting parties may agree provisions derogating from §§ 1 to 3.
Article
7
Liability
for loss or damage caused by a vehicle
§ 1.
The person who, pursuant to a contract referred to in Article 1, has provided
the vehicle for use as a means of transport shall be liable for the loss or
damage caused by the vehicle when he is at fault.
§ 2.
The contracting parties may agree provisions derogating from § 1.
Article
8
Subrogation
When the
contract of use of vehicles provides that the rail transport undertaking may
provide the vehicle to other rail transport undertakings for use as a means of
transport, the rail transport undertaking may, with the agreement of the
keeper, agree with the other rail transport undertakings
a) that, subject to its right of recourse, it
shall be subrogated to them, in respect of their liability to the keeper for
loss of or damage to the vehicle or its accessories;
b) that only the keeper shall be liable to the
other rail transport undertakings, for loss or damage caused by the vehicle,
but that only the rail transport undertaking which is the contractual partner
of the keeper shall be authorised to assert the rights of the other rail
transport undertakings.
Article
9
Liability
for servants and other persons
§ 1.
The contracting parties shall be liable for their servants and other persons
whose services they make use of for the performance of the contract, when these
servants and other persons are acting within the scope of their functions.
§ 2.
Unless the contracting parties otherwise agree, the managers of the
infrastructure on which the rail transport undertakings use the vehicle as a
means of transport, shall be regarded as persons whose services the rail
transport undertaking makes use of.
§ 3.
§§ 1 and 2 shall also apply in the case of subrogation in accordance with
Article 8.
Article
10
Other
actions
§ 1.
In all cases where these Uniform Rules shall apply, an action in respect of
liability, for loss of or damage to the vehicle or its accessories, on whatever
grounds, may be brought against the rail transport undertaking to which the
vehicle was provided for use as a means of transport only subject to the
conditions and limitations laid down in these Uniform Rules and the contract of
use.
§ 2.
§ 1 shall apply also in the case of subrogation in accordance with Article
8.
§ 3.
The same shall apply to an action brought against the servants or other persons
for whom the rail transport undertaking to which the vehicle was provided for
use as a means of transport, is liable.
Article
11
Forum
§ 1.
Actions based on a contract concluded in accordance with these Uniform Rules
may be brought before the courts or tribunals designated by agreement between
the parties to the contract.
§ 2.
Unless the parties otherwise agree, the competent courts or tribunals shall be
those of the Member State where the defendant has his place of business. If the
defendant has no place of business in a Member State, the competent courts or
tribunals shall be those of the Member State where the loss or damage occurred.
Article
12
Limitation
of actions
§ 1.
The period of limitation for actions based on Articles 4 and 7 shall be three
years.
§ 2.
The period of limitation shall run :
a) for actions based on Article 4, from the day
when the loss of or damage to the vehicle was discovered or the person entitled
could consider the vehicle lost in accordance with Article 6 § 1 or
§ 4;
b) for actions based on Article 7, from the day
when the loss or damage occurred.
Uniform
Rules concerning the Contract of Use of Infrastructure in International Rail
Traffic (CUI – Appendix E to the Convention)
Title I
General
Provisions
Article
1
Scope
§ 1.
These Uniform Rules shall apply to any contract of use of railway
infrastructure for the purposes of international carriage within the meaning of
the CIV Uniform Rules and the CIM Uniform Rules. They shall apply regardless of
the place of business and the nationality of the contracting parties. These
Uniform Rules shall apply even when the railway infrastructure is managed or
used by States or by governmental institutions or organisations.
§ 2.
Subject to Article 21, these Uniform Rules shall not apply to other legal
relations, such as in particular
a) the liability of the carrier or the manager to
their servants or other persons whose services they make use of to accomplish
their tasks;
b) the liability to each other of the carrier or
the manager of the one part and third parties of the other part.
Article
2
Declaration
concerning liability in case of bodily loss or damage
§ 1.
Any State may, at any time, declare that it will not apply to victims of
accidents occuring in its territory the whole of the provisions concerning
liability in case of bodily loss or damage (death, injury or any other physical
or mental harm), when the victims are nationals of, or have their usual place
of residence in, that State.
§ 2.
A State which has made a declaration in accordance with § 1 may withdraw
it at any time by notification to the Depositary. This withdrawal shall take
effect one month after the day on which the Depositary notifies it to the
Member States.
Article
3
Definitions
For the
purposes of these Uniform Rules, the term
a) “railway infrastructure” means all the railway
lines and fixed installations, so far as these are necessary for the
circulation of railway vehicles and the safety of traffic;
b) “manager” means the person who makes railway
infrastructure available;
c) “carrier” means the person who carries persons
or goods by rail in international traffic under the CIV Uniform Rules or the
CIM Uniform Rules;
d) “auxiliary” means the servants or other persons
whose services the carrier or the manager makes use of for the performance of
the contract when these servants or other persons are acting within the scope
of their functions;
e) “third party” means any person other than the
manager, the carrier and their auxiliaries;
f) “licence” means the authorisation, in
accordance with the laws and prescriptions of the State in which the carrier
has the place of business of his principal activity, to carry on the activity
of carrier by rail;
g) “safety certificate” means the document
attesting, in accordance with the laws and prescriptions of the State in which
the infrastructure being used is situated, that so far as concerns the carrier,
– the internal organisation of the undertaking as
well as
– the personnel to be employed and the vehicles
to be used on the infrastructure,
meet
the requirements imposed in respect of safety in order to ensure a service
without danger on that infrastructure.
Article
4
Mandatory
law
Unless provided
otherwise in these Uniform Rules, any stipulation which, directly or
indirectly, would derogate from these Uniform Rules, shall be null and void.
The nullity of such a stipulation shall not involve the nullity of other
provisions of the contract. Nevertheless, the parties to the contract may
assume a liability greater and obligations more burdensome than those provided
for in these Uniform Rules or fix a maximum amount of compensation for loss of
or damage to property.
Title
II
Contract
of Use
Article
5
Contents
and form
§ 1.
Relations between the manager and the carrier shall be regulated in a contract
of use.
§ 2.
The contract shall regulate in particular the administrative, technical and
financial conditions of use. It shall cover at least the following matters :
a) the infrastructure to be used,
b) the extent of use,
c) the services provided by the manager,
d) the services provided by the carrier,
e) the personnel to be employed,
f) the vehicles to be used,
g) the financial conditions.
§ 3.
The contract must be concluded in writing or in an equivalent form. The absence
or irregularity of a written form or equivalent form of contract or the absence
of one of the matters specified in § 2 shall not affect the existence or
the validity of the contract which shall remain subject to these Uniform Rules.
Article
6
Special
obligations of the carrier and the manager
§ 1.
The carrier must be authorised to carry on the activity of a carrier by rail.
The personnel to be employed and the vehicles to be used must satisfy the
safety requirements. The manager may require the carrier to prove, by the
presentation of a valid licence and safety certificate or certified copies, or
in any other manner, that these conditions are fulfilled.
§ 2.
The carrier must notify the manager of any event which might affect the
validity of his licence, his safety certificates or other elements of proof.
§ 3.
The manager may require the carrier to prove that he has taken out a sufficient
liability insurance or taken equivalent measures to cover any claims, on
whatever grounds, referred to in Articles 9 to 21. Each year, the carrier must
prove, by an attestation in due form, that the liability insurance or the
equivalent provisions still exist; he must notify the manager of any modification
relating to them before it takes effect.
§ 4.
The parties to the contract must inform each other of any event which might
impede the execution of the contract they have concluded.
Article
7
Duration
of the contract
§ 1.
The contract of use may be concluded for a limited or unlimited period.
§ 2.
The manager may rescind the contract forthwith when
a) the carrier is no longer authorised to carry on
the activity of carrier by rail;
b) the personnel to be employed and the vehicles
to be used no longer meet the safety requirements;
c) the carrier is in arrear with payment, that is
to say
1. for two successive payment periods and for an
amount in excess of the equivalent of one month’s use, or
2. for a period covering more than two payment
periods and for an amount equal to the value of two months’ use;
d) the carrier is in clear breach of one of the
special obligations specified in Article 6 §§ 2 and 3.
§ 3.
The carrier may rescind the contract of use forthwith when the manager loses
his right to manage the infrastructure.
§ 4.
Each party to the contract may rescind the contract of use forthwith in the
case of a clear breach of one of the essential obligations by the other party
to the contract, when that obligation concerns the safety of persons or goods;
the parties to the contract may agree the modalities for the exercise of this
right.
§ 5.
The party to the contract who is the cause of its rescission shall be liable to
the other party for the loss or damage resulting from it, unless he proves that
the loss or damage was not caused by his fault.
§ 6.
The parties to the contract may agree conditions derogating from the provisions
of § 2 letters c) and d) and § 5.
Title
III
Liability
Article
8
Liability
of the manager
§ 1.
The manager shall be liable
a) for bodily loss or damage (death, injury or any
other physical or mental harm),
b) for loss of or damage to property (destruction
of, or damage to, movable or immovable property),
c) for pecuniary loss resulting from damages
payable by the carrier under the CIV Uniform Rules and the CIM Uniform Rules,
caused
to the carrier or to his auxiliaries during the use of the infrastructure and
having its origin in the infrastructure.
§ 2.
The manager shall be relieved of this liability
a) in case of bodily loss or damage and pecuniary
loss resulting from damages payable by the carrier under the CIV Uniform Rules
1. if the incident giving rise to the loss or
damage has been caused by circumstances not connected with the management of
the infrastructure which the manager, in spite of having taken the care
required in the particular circumstances of the case, could not avoid and the
consequences of which he was unable to prevent,
2. to the extent that the incident giving rise to
the loss or damage is due to the fault of the person suffering the loss or
damage,
3.
if
the incident giving rise to the loss or damage is due to the behaviour of a
third party which the manager, in spite of having taken the care required in
the particular circumstances of the case, could not avoid and the consequences
of which he was unable to prevent;
b) in case of loss of or damage to property and
pecuniary loss resulting from damages payable by the carrier under the CIM
Uniform Rules, when the loss or damage was caused by the fault of the carrier
or by an order given by the carrier which is not attributable to the manager or
by circumstances which the manager could not avoid and the consequences of
which he was unable to prevent.
§ 3.
If the incident giving rise to the loss or damage is due to the behaviour of a
third party and if, in spite of that, the manager is not entirely relieved of
liability in accordance with § 2, letter a), he shall be liable in full up
to the limits laid down in these Uniform Rules but without prejudice to any right
of recourse against the third party.
§ 4.
The parties to the contract may agree whether and to what extent the manager
shall be liable for the loss or damage caused to the carrier by delay or
disruption to his operations.
Article
9
Liability
of the carrier
§ 1.
The carrier shall be liable
a) for bodily loss or damage (death, injury or any
other physical or mental harm),
b) for loss of or damage to property (destruction
of or damage to movable or immovable property),
caused
to the manager or to his auxiliaries, during the use of the infrastructure, by
the means of transport used or by the persons or goods carried.
§ 2.
The carrier shall be relieved of this liability
a) in case of bodily loss or damage
1. if the incident giving rise to the loss or damage
has been caused by circumstances not connected with the operations of the
carrier which he, in spite of having taken the care required in the particular
circumstances of the case, could not avoid and the consequences of which he was
unable to prevent,
2. to the extent that the incident giving rise to
the loss or damage is due to the fault of the person suffering the loss or
damage,
3. if the incident giving rise to the loss or
damage is due to the behaviour of a third party which the carrier, in spite of
having taken the care required in the particular circumstances of the case,
could not avoid and the consequences of which he was unable to prevent;
b) in case of loss of or damage to property when
the loss or damage is caused by a fault of the manager or by an order given by
the manager which is not attributable to the carrier or by circumstances which
the carrier could not avoid and the consequences of which he was unable to
prevent.
§ 3.
If the incident giving rise to the loss or damage is due to the behaviour of a
third party and if, in spite of that, the carrier is not entirely relieved of
liability in accordance with § 2, letter a), he shall be liable in full up
to the limits laid down in these Uniform Rules but without prejudice to any
right of recourse against the third party.
§ 4.
The parties to the contract may agree whether and to what extent the carrier
shall be liable for the loss or damage caused to the manager by disruption to
his operations.
Article
10
Concomitant
causes
§ 1.
If causes attributable to the manager and causes attributable to the carrier
contributed to the loss or damage, each party to the contract shall be liable
only to the extent that the causes attributable to him under Article 8 and 9
contributed to the loss or damage. If it is impossible to assess to what extent
the respective causes contributed to the loss or damage, each party shall bear
the loss or damage he has sustained.
§ 2.
§ 1 shall apply mutatis mutandis if causes attributable to the manager and
causes attributable to several carriers using the same railway infrastructure
contributed to the loss or damage.
§ 3.
§ 1, first sentence, shall apply mutatis mutandis in case of loss or
damage referred to in Article 9 if causes attributable to several carriers
using the same infrastructure contributed to the loss or damage. If it is
impossible to assess to what extent the respective causes contributed to the
loss or damage, the carriers shall be liable to the manager in equal shares.
Article
11
Damages
in case of death
§ 1.
In case of death, the damages shall comprise :
a) any necessary costs following the death, in
particular those of transport of the body and the funeral expenses;
b) if death does not occur at once, the damages
provided for in Article 12.
§ 2.
If, through the death, persons whom the deceased had or would have had in the
future a legal duty to maintain, are deprived of their support, they shall also
be compensated for that loss. Rights of action for damages by persons whom the
deceased was maintaining without being legally bound to do so, shall be
governed by national law.
Article
12
Damages
in case of personal injury
In case of
personal injury or any other physical or mental harm, the damages shall
comprise :
a) any necessary costs, in particular those of
treatment and of transport;
b) compensation for financial loss, due to total
or partial incapacity to work, or to increased needs.
Article
13
Compensation
for other bodily harm
National law
shall determine whether and to what extent the manager or the carrier must pay
damages for bodily harm other than that provided for in Articles 11 and 12.
Article
14
Form
and amount of damages in case of death and personal injury
§ 1.
The damages provided for in Article 11 § 2 and in Article 12 letter b)
must be awarded in the form of a lump sum. However, if national law permits the
award of an annuity, the damages shall be awarded in that form if so requested
by the injured person or by persons entitled referred to in Article 11
§ 2.
§ 2.
The amount of damages to be awarded pursuant to § 1 shall be determined in
accordance with national law. However, for the purposes of these Uniform Rules,
the upper limit per person shall be set at 175,000 units of account as a lump
sum or as an annuity corresponding to that sum, where national law provides for
an upper limit of less than that amount.
Article
15
Loss
of right to invoke the limits of liability
The limits of
liability provided for in these Uniform Rules as well as the provisions of
national law, which limit the compensation to a certain amount, shall not apply
if it is proved that the loss or damage results from an act or omission, which
the author of the loss or damage has committed either with the intent to cause
such loss or damage, or recklessly and with knowledge that such loss or damage
would probably result.
Article
16
Conversion
and interest
§ 1.
Where the calculation of compensation requires the conversion of sums expressed
in foreign currency, conversion shall be at the exchange rate applicable on the
day and at the place of payment of the compensation.
§ 2. The
person entitled may claim interest on compensation, calculated at five per cent
per annum, from the day of initiation of a conciliation procedure, of seizure
of the Arbitration Tribunal provided for in Title V of the Convention or from
the day on which legal proceedings were instituted.
Article
17
Liability
in case of nuclear incidents
The manager and
the carrier shall be relieved of liability pursuant to these Uniform Rules for
loss or damage caused by a nuclear incident when the operator of a nuclear
installation or another person who is substituted for him is liable for the
loss or damage pursuant to the laws and prescriptions of a State governing
liability in the field of nuclear energy.
Article
18
Liability
for auxiliaries
The manager and
the carrier shall be liable for their auxiliaries.
Article
19
Other
actions
§ 1.
In all cases where these Uniform Rules shall apply, any action in respect of
liability, on whatever grounds, may be brought against the manager or against
the carrier only subject to the conditions and limitations laid down in these
Uniform Rules.
§ 2.
The same shall apply to any action brought against the auxiliaries for whom the
manager or the carrier is liable pursuant to Article 18.
Article
20
Agreements
to settle
The parties to
the contract may agree conditions in which they assert or renounce their rights
to compensation from the other party to the contract.
Title
IV
Actions
by Auxiliaries
Article
21
Actions
against the manager or against the carrier
§ 1.
Any action in respect of liability brought by the auxiliaries of the carrier
against the manager on account of loss or damage caused by him, on whatever
grounds, may be brought only subject to the conditions and limitations laid
down in these Uniform Rules.
§ 2.
Any action in respect of liability brought by the auxiliaries of the manager
against the carrier on account of loss or damage caused by him, on whatever
grounds, may be brought only subject to the conditions and limitations laid
down in these Uniform Rules.
Title V
Assertion
of Rights
Article
22
Conciliation
procedures
The parties to
the contract may agree conciliation procedures or appeal to the Arbitration
Tribunal provided for in Title V of the Convention.
Article
23
Recourse
The validity of
the payment made by the carrier on the basis of the CIV Uniform Rules or the
CIM Uniform Rules may not be disputed when compensation has been determined by
a court or tribunal and when the manager, duly served with notice of the
proceedings, has been afforded the opportunity to intervene in the proceedings.
Article
24
Forum
§ 1.
Actions based on these Uniform Rules may be brought before the courts or
tribunals of the Member States designated by agreement between the parties to
the contract.
§ 2.
Unless the parties to the contract otherwise agree, the competent courts or
tribunals shall be those of the Member State where the manager has his place of
business.
Article
25
Limitation
of actions
§ 1.
The period of limitation for actions based on these Uniform Rules shall be
three years.
§ 2.
The period of limitation shall run from the day when the loss or damage
occurred.
§ 3.
In case of death of persons, the period of limitation shall be three years from
the day after the day the death occurred, but not exceeding five years from the
day after the day of the accident.
§ 4.
A recourse action by a person held liable may be brought even after the
expiration of the limitation period provided for in § 1, if it is brought
within the period allowed by the law of the State where the proceedings are
brought. However, the period allowed shall be not less than ninety days from
the day when the person bringing the recourse action has settled the claim or
has been served with notice of the proceedings against himself.
§ 5.
The period of limitation shall be suspended when the parties agree a conciliation
procedure or when they seize the Arbitration Tribunal provided for in Title V
of the Convention.
§ 6.
Otherwise, suspension and interruption of the limitation period shall be
governed by national law.
Uniform
Rules concerning the Validation of Technical Standards and the Adoption of
Uniform Technical Prescriptions applicable to Railway Material intended to be
used in International Traffic (APTU – Appendix F to the Convention)
Article
1
Scope
These Uniform
Rules lay down, for railway material intended to be used in international
traffic, the procedure for the validation of technical standards and the
adoption of uniform technical prescriptions.
Article
2
Definitions
For the
purposes of these Uniform Rules and its Annexes, the term
a) “Contracting State” means a Member State of the
Organisation which has not made a declaration in respect of these Uniform Rules
in accordance with Article 42 § 1, first sentence, of the Convention;
b) “international traffic” means the circulation
of railway vehicles on railway lines over the territory of at least two
Contracting States;
c) “rail transport undertaking” means a private or
public undertaking which is authorised to carry persons or goods and which
ensures traction;
d) “infrastructure manager” means an undertaking
or an authority which manages railway infrastructure;
e) “railway material” means railway material
intended to be used in international traffic, in particular the railway
vehicles and railway infrastructure;
f) “railway vehicle” means a vehicle suitable for
circulation on its own wheels on railway lines with or without traction;
g) “traction unit” means a railway vehicle
provided with a means of traction;
h) “wagon” means a railway vehicle, not provided
with a means of traction, which is intended to carry goods;
i) “carriage” means a railway vehicle, not
provided with a means of traction, which is intended to carry passengers;
j) “railway infrastructure” means all the railway
lines and fixed installations, so far as these are necessary for the circulation
of railway vehicles and the safety of traffic;
k) “technical standard” means a technical
specification adopted by a recognised national or international standardisation
body, according to the procedures applicable to it; a technical specification
prepared within the framework of the European Communities shall be treated as a
technical standard.
l) “technical prescription” means a rule, other
than a technical standard, relating to the construction, operation, maintenance
or relating to a procedure concerning railway material;
m) “Committee of Technical Experts” means the Committee
provided for in Article 13 § 1, letter f) of the Convention.
Article
3
Aim
§ 1.
The validation of technical standards relating to railway material and the
adoption of uniform technical prescriptions applicable to railway material
shall have as its aim to
a) facilitate the free circulation of vehicles and
the free use of other railway material in international traffic,
b) contribute to ensuring the safety, efficiency
and the availability for international traffic,
c) take account of the protection of the
environment and public health.
§ 2.
When technical standards are validated or uniform technical prescriptions are
adopted, only those prepared at the international level shall be taken into
account.
§ 3.
To the extent possible
a) it is appropriate to ensure interoperability of
technical systems and components necessary for international traffic;
b) technical standards and uniform technical
prescriptions shall be performance related; if appropriate, they shall include
variants.
Article
4
Preparation
of technical standards and prescriptions
§ 1.
The preparation of technical standards and of uniform technical prescriptions
concerning railway material shall be the responsibility of the bodies
recognised as competent in the matter.
§ 2.
The standardisation of industrial products and procedures shall be the
responsibility of recognised national and international standardisation bodies.
Article
5
Validation
of technical standards
§ 1.
An application for validation of a technical standard may be made by :
a) any Contracting State;
b) any regional economic integration organisation
to which its Member States have transferred competence to legislate in the
field of technical standards relating to railway material;
c) any national or international standardisation
body having the task of standardisation in the railway field;
d) any representative international association
for whose members the existence of technical standards relating to railway
material is indispensible for reasons of safety and economy in the exercise of
their activity.
§ 2.
The Committee of Technical Experts shall decide whether to validate a technical
standard in accordance with the procedure laid down in Articles 16, 20 and 33
§ 6 of the Convention. The decisions shall enter into force in accordance
with Article 35 §§ 3 and 4 of the Convention.
Article
6
Adoption
of uniform technical prescriptions
§ 1.
An application for adoption of a uniform technical prescription may be made by
:
a) any Contracting State;
b) any regional economic integration organisation
to which its Member States have transferred competence to legislate in the
field of technical prescriptions concerning railway material;
c) any representative international association
for whose members the existence of uniform technical prescriptions relating to
railway material is indispensible for reasons of safety and economy in the
exercise of their activity.
§ 2.
The Committee of Technical Experts shall decide whether to adopt a uniform
technical prescription in accordance with the procedure laid down in Articles
16, 20 and 33 § 6 of the Convention. The decisions shall enter into force
in accordance with Article 35 §§ 3 and 4 of the Convention.
Article
7
Form
of applications
Applications
referred to in Articles 5 and 6 must be complete, coherent and reasoned. They
must be addressed to the Secretary General of the Organisation in one of its
working languages.
Article
8
Technical
Annexes
§ 1.
The validated technical standards and the adopted uniform technical
prescriptions shall be included in the following Annexes to these Uniform Rules
numbered as follows :
a)
Technical Standards and Uniform Technical
Prescriptions relating to all Railway Vehicles (Annex 1);
b)
Technical Standards and Uniform Technical
Prescriptions relating to Traction Units (Annex 2);
c) Technical Standards and Uniform Technical
Prescriptions relating to Wagons (Annex 3);
d) Technical Standards and Uniform Technical
Prescriptions relating to Carriages (Annex 4);
e) Technical Standards and Uniform Technical
Prescriptions relating to Infrastructure Installations other than those
specified in letter f) (Annex 5);
f) Technical Standards and Uniform Technical
Prescriptions relating to Safety and Operational Control Systems (Annex 6);
g) Technical Standards and Uniform Technical
Prescriptions concerning Systems of Information Technology (Annex 7);
h) Technical Standards and Uniform Technical
Prescriptions relating to any other Railway Material (Annex 8).
§ 2.
The Annexes shall form an integral part of these Uniform Rules. They shall be
framed in accordance with the particularities of the track gauge, the loading
gauge, the systems of energy supply and the safety and operational control
systems in the Contracting States.
§ 3.
The Annexes will contain the version as it will be adopted, after the entry
into force of the Protocol of 3 June 1999 for the modification of the
Convention, by the Committee of Technical Experts according to the same
procedure as that provided for in Articles 16, 20 and 33 § 6 of the
Convention for modifications of the Annexes.
Article
9
Declarations
§ 1.
Any Contracting State may, within a period of four months from the day of
notification of the decision of the Committee of Technical Experts by the
Secretary General, make a reasoned declaration notifying him that it will not
apply or will apply only partially, the validated technical standard or the
adopted uniform technical prescription, so far as it concerns the railway
infrastructure situated on its territory and the traffic on that
infrastructure.
§ 2.
The Contracting States which have made a declaration in accordance with
§ 1 shall not be taken into account in determining the number of States
which must formulate an objection in accordance with Article 35 § 4 of the
Convention, in order that a decision of the Committee of Technical Experts
should not enter into force.
§ 3.
A State which has made a declaration in accordance with § 1 may withdraw
it at any time by notification to the Secretary General. This withdrawal shall
take effect on the first day of the second month following the notification.
Article
10
Abrogation
of Technical Unity
The entry into
force of the Annexes, adopted by the Committee of Technical Experts in
accordance with Article 8 § 3, in all the States parties to the 1938
version of the International Convention on the Technical Unity of Railways,
signed at Berne on 21 October 1882, shall abrogate that convention.
Article
11
Precedence
of the Annexes
§ 1.
With the entry into force of the Annexes, adopted by the Committee of Technical
Experts in accordance with Article 8 § 3, the technical standards and the
uniform technical prescriptions therein shall take precedence, in relations
between Contracting States, over the provisions of the 1938 version of the
International Convention on the Technical Unity of Railways, signed at Berne on
21 October 1882.
§ 2.
With the entry into force of the Annexes, adopted by the Committee of Technical
Experts in accordance with Article 8 § 3, these Uniform Rules as well as
the technical standards and the uniform technical prescriptions contained in
its Annexes, shall take precedence, in the Contracting States, over the
technical provisions
a) of the Regulation governing the reciprocal use
of carriages and brake vans in international traffic (RIC),
b) of the Regulation governing the reciprocal use
of wagons in international traffic (RIV).
Annex 1
Technical
Standards and Uniform Technical Prescriptions relating to all Railway Vehicules
A. Track gauge
1. Railways with standard track gauge (1435 mm)
2. Railways with wide track gauge (Russian) (1520
mm)
3. Railways with wide track gauge (Finnish) (1524
mm)
4. Railways with wide track gauge (Irish) (1600
mm)
5. Railways with wide track gauge (Iberian) (1688
mm)
6. Other railways
B. Loading gauge
1. Railways with normal loading gauge on the
European continent
2. Railways with normal loading gauge in Great
Britain
3. ...
C. ...
Annex 2
Technical
Standards and Uniform Technical Prescriptions relating to Traction Units
A. Energy supply systems
1. Direct current of 3000 V
2. Direct current of 1500 V or less
3. Alternating current of 25 kV / 50 Hz
4. Alternating current of 15 kV / 16 2/3 Hz
B. Safety and operational
control systems
...
Annex 3
Technical
Standards and Uniform Technical Prescriptions relating to Wagons
Annex 4
Technical
Standards and Uniform Technical Prescriptions relating to Carriages
Annex 5
Technical
Standards and Uniform Technical Prescriptions relating to Infrastructure
Installations
Annex 6
Technical
Standards and Uniform Technical Prescriptions relating to Safety and
Operational Control Systems
Annex 7
Technical
Standards and Uniform Technical Prescriptions concerning Systems of Information
Technology
Annex 8
Technical
Standards and Uniform Technical Prescriptions relating to any other Railway
Material
***
As a first
step, the technical standards and the uniform technical prescriptions relating
to railway material already existing and recognised at the international level,
such as contained in Technical Unity, in RIV and RIC as well as in the
technical leaflets of UIC, will be integrated in the above-mentioned Annexes.
Uniform
Rules concerning the Technical Admission of Railway Material used in
International Traffic (ATMF – Appendix G to the Convention)
Article
1
Scope
These Uniform
Rules lay down, for railway vehicles and other railway material, the procedure
for the admission to circulation or use in international traffic.
Article
2
Definitions
For the
purposes of these Uniform Rules and its Annex, the term
a) “Contracting State” means a Member State of the
Organisation which has not made a declaration in respect of these Uniform Rules
in accordance with Article 42 § 1, first sentence of the Convention;
b)
“international traffic” means the
circulation of railway vehicles on railway lines over the territory of at least
two Contracting States;
c) “rail transport undertaking” means a private or
public undertaking which is authorised to carry persons or goods and which
ensures traction;
d) “infrastructure manager” means an undertaking
or an authority which manages railway infrastructure;
e) “keeper” means the person who, being the owner
or having the right to dispose of it, exploits a railway vehicle economically
in a permanent manner as a means of transport;
f) “technical admission” means the procedure
carried out by the competent authority to admit a railway vehicle to
circulation or other railway material to use in international traffic;
g) “admission of a type of construction” means the
procedure, relating to a type of construction of a railway vehicle, carried out
by the competent authority, by which the right is granted to deliver, by a
simplified procedure, an admission to operation for vehicles which correspond
to that type of construction;
h) “admission to operation” means the right
granted by the competent authority for each railway vehicle to circulate in
international traffic;
i) “railway vehicle” means a vehicle suitable for
circulation on its own wheels on railway lines with or without traction;
j) “other railway material” means any railway
material intended to be used in international traffic not being a railway
vehicle;
k) “Committee of Technical Experts” means the
Committee provided for in Article 13 § 1, letter f) of the Convention.
Article
3
Admission
to international traffic
§ 1.
Each railway vehicle must, for circulation in international traffic, be
admitted in accordance with these Uniform Rules.
§ 2.
Technical admission shall have the aim of ascertaining whether the railway
vehicles satisfy
a) the construction prescriptions contained in the
Annexes to the APTU Uniform Rules,
b) the construction and equipment prescriptions
contained in the Annex to RID,
c) the special conditions of an admission under
Article 7 § 2 or § 3.
§ 3.
§§ 1 and 2 as well as the following articles shall apply mutatis mutandis
to the technical admission of other railway material and of elements of
construction either of vehicles or of other railway material.
Article
4
Procedure
§ 1.
Technical admission shall be carried out
a) either, in a single stage, by the grant of
admission to operation to a given individual railway vehicle,
b) or, in two successive stages, by the grant
1. of admission of a type of construction to a
given type of railway vehicle,
2. then admission to operation of individual
vehicles corresponding to this type of construction by a simplified procedure
confirming that they are of this type.
§ 2.
This provision shall not affect the application of Article 10.
Article
5
Competent
authority
§ 1.
Technical admission of railway vehicles to circulation and of other railway
material to use in international traffic shall be the task of the national or
international authority competent in the matter in accordance with the laws and
prescriptions in force in each Contracting State.
§ 2.
The authorities referred to in § 1 may transfer to bodies recognised as
suitable, competence to grant technical admission on condition that the
authorities shall ensure their supervision. The transfer of competence to grant
technical admission to a rail transport undertaking while others are excluded
from that competence, shall not be allowed. Furthermore, the transfer of
competence to an infrastructure manager participating directly or indirectly in
the manufacture of railway material shall be prohibited.
Article
6
Recognition
of technical admission
Admission of a
type of construction and admission to operation by the competent authority of a
Contracting State in accordance with these Uniform Rules, as well as the
corresponding certificates issued shall be recognised by the authorities, the
rail transport undertakings and the infrastructure managers in the other
Contracting States, without the need for another examination and another
technical admission with a view to circulation and use on the territories of
those other States.
Article
7
Construction
prescriptions applicable to vehicles
§ 1.
In order to be admitted to circulation in international traffic, railway
vehicles must satisfy
a) the construction prescriptions contained in the
Annexes to the APTU Uniform Rules,
b) the construction and equipment prescriptions
contained in the Annex to RID.
§ 2.
In the absence of provisions in the Annexes to the APTU Uniform Rules,
technical admission shall be based on the generally recognised technical rules.
A technical standard, even if it has not been validated in accordance with the
procedure laid down in the APTU Uniform Rules, shall constitute the proof that
the know-how contained in that standard represents a generally recognised
technical rule.
§ 3.
In order to permit technical developments, derogations from the generally
recognised technical rules and from the construction prescriptions of the
Annexes to the APTU Uniform Rules shall be allowed on condition that proof
exists
a) that at least the same level of safety as when
those rules and those prescriptions are observed,
b) and also that interoperability
remain
assured.
§ 4.
When a Contracting State intends to admit, in accordance with § 2 or
§ 3, a railway vehicle it shall inform the Secretary General of the
Organisation without delay. He shall notify the other Contracting States of
this. Within one month after the reception of the notification by the Secretary
General, a Contracting State may ask for the convocation of the Committee of
Technical Experts in order that it ascertains whether the conditions for the
application of § 2 or § 3 are fulfilled. The Committee shall reach
its decision on this within three months after the receipt, by the Secretary
General, of the request for convocation.
Article
8
Construction
prescriptions applicable to other material
§ 1.
In order to be admitted to use in international traffic other railway material
must satisfy the construction prescriptions contained in the Annexes to the
APTU Uniform Rules.
§ 2.
Article 7 §§ 2 to 4 shall apply mutatis mutandis.
§ 3.
The obligations of the Contracting States, arising for them from the European
Agreement on the Great International Railway Lines (AGC) of 31 May 1985 and
from the European Agreement on the Great International Combined Transport
Routes and Connected Installations (AGTC) of 1 February 1991, to which they
also are Contracting Parties, shall remain unaffected.
Article
9
Operation
prescriptions
§ 1.
The rail transport undertakings which operate railway vehicles admitted to
circulation in international traffic shall be required to comply with the
prescriptions relating to the operation of a vehicle in international traffic,
specified in the Annexes to the APTU Uniform Rules.
§ 2.
The undertakings and administrations which manage infrastructure in the
Contracting States, including operational safety and control systems, intended
and suitable for operation in international traffic, shall be required to
comply with the technical prescriptions specified in the Annexes to the APTU
Uniform Rules and satisfy them permanently in respect of the construction and
the management of that infrastructure.
Article
10
Technical
admission
§ 1.
The grant of technical admission (admission of a type of construction,
admission to operation) shall be attached to the type of construction of a
railway vehicle or to the railway vehicle.
§ 2.
An application for technical admission may be made by :
a) the manufacturer,
b) a rail transport undertaking,
c) the keeper of the vehicle,
d) the owner of the vehicle.
The
application may be made to any competent authority, referred to in
Article 5, of one of the Contracting States.
§ 3.
A person who applies for an admission to operation for railway vehicles by the
simplified procedure of technical admission (Article 4 § 1, letter b)),
must attach to his application the certificate of admission of a type of
construction, established in accordance with Article 11 § 2, and
demonstrate in an appropriate manner that the vehicles for which he is applying
for admission to operation correspond to that type of construction.
§ 4.
Technical admission must be granted irrespective of the quality of the
applicant.
§ 5.
Technical admission shall be granted in principle for an unlimited period; it
can be general or limited in scope.
§ 6.
An admission of a type of construction may be withdrawn when safety, public
health or respect for the environment are no longer assured with the
circulation of railway vehicles which have been or are to be built in
conformity with that type of construction.
§ 7.
Admission to operation may be withdrawn
a) when the railway vehicle no longer satisfies
the construction prescriptions contained in the Annexes to the APTU Uniform
Rules, the special conditions of its admission under Article 7 § 2 or
§ 3 or the construction and equipment prescriptions contained in the Annex
to RID and if the keeper does not comply with the requirement of the competent
authority to remedy the defects within the prescribed time;
b) when stipulations and conditions, resulting
from a limited admission under § 5, are not fulfilled or complied with.
§ 8.
Only the authority which has granted the admission of a type of construction or
the admission to operation may withdraw it.
§ 9.
The admission to operation shall be suspended
a) when technical checks, inspections, maintenance
and servicing of the railway vehicle prescribed in the Annexes to the APTU
Uniform Rules, in the special conditions of admission pursuant to Article 7
§ 2 or § 3 or in the construction and equipment prescriptions
contained in the Annex to RID are not carried out;
b) if in case of severe damage to a railway
vehicle the order of the competent authority to present the vehicle is not
complied with;
c) in case of non-compliance with these Uniform
Rules and prescriptions contained in the Annexes to the APTU Uniform Rules;
d) when the competent authority so decides.
§ 10.
The admission to operation shall become void when the railway vehicle is
withdrawn from service. This withdrawal from service must be notified to the
competent authority which has granted the admission to operation.
§ 11.
In the absence of provisions in these Uniform Rules the procedure of technical
admission shall be governed by the national law of the Contracting State in
which an application for technical admission is made.
Article
11
Certificates
§ 1.
The admission of a type of construction and the admission to operation shall be
evidenced by separate documents called : “Certificate of admission of a type of
construction” and “Certificate of admission to operation”.
§ 2.
The certificate of admission of a type of construction must specify :
a) the manufacturer of the type of construction of
a railway vehicle;
b) all the technical characteristics necessary to
identify the type of construction of a railway vehicle;
c) if appropriate, the special conditions of
circulation for the type of construction of a railway vehicle and for railway
vehicles which correspond to this type of construction.
§ 3.
The certificate of admission to operation must specify :
a) the keeper of the railway vehicle;
b) all the technical characteristics necessary to
identify the railway vehicle; this may also be done by reference to the
certificate of admission of a type of construction;
c) if appropriate, the special conditions of
circulation for the railway vehicle;
d) if appropriate, the period of its validity;
e) the servicing of a railway vehicle prescribed
in the Annexes to the APTU Uniform Rules, in the special conditions of an admission
under Article 7 § 2 or § 3 or in the construction and equipment
prescriptions contained in the Annex to RID as well as the other technical
examinations relating to elements of construction and to specified equipment of
the vehicle.
§ 4.
The certificates must be printed in at least two languages of which one at
least must be chosen from among the working languages of the Organisation.
Article
12
Uniform
models
§ 1.
The Organisation shall prescribe uniform models of “Certificate of admission of
a type of construction” and of “Certificate of admission to operation”. They
shall be prepared and adopted by the Committee of Technical Experts.
§ 2.
Article 35 §§ 1 and 3 to 5 of the Convention shall apply mutatis mutandis.
Article
13
Data
bank
§ 1.
A data bank concerning railway vehicles admitted to circulation in
international traffic shall be established and updated under the responsibility
of the Organisation.
§ 2.
The competent authorities, or if appropriate the bodies authorised by them to
admit a railway vehicle to operation, shall transmit to the Organisation,
without delay, the data necessary for the purposes of these Uniform Rules
relating to vehicles admitted to circulation in international traffic. The
Committee of Technical Experts shall establish which are the necessary data.
Only those data shall be registered in the data bank. In all cases, withdrawals
from service, official immobilisations, withdrawals of admission to operation
and modifications to a vehicle which derogate from the admitted type of construction
shall be notified to the Organisation.
§ 3.
The data registered in the data bank shall only be considered as prima facie
evidence of the technical admission of a railway vehicle.
§ 4.
The registered data may be consulted by :
a) the Contracting States,
b) the rail transport undertakings engaged in
international traffic having their place of business in a Contracting State,
c) the infrastructure managers having their place
of business in a Contracting State on whose infrastructure international
traffic is carried out,
d) the manufacturers of railway vehicles, so far
as concerns their vehicles,
e) the keepers of railway vehicles, so far as
concerns their vehicles.
§ 5.
The data to which the persons entitled referred to in § 4 have access as well
as the conditions of that access shall be defined in an Annex to these Uniform
Rules. This Annex shall be an integral part of these Uniform Rules. The text of
this Annex shall be that decided by the Revision Commitee according to the
procedure referred to in Articles 16, 17 and 33 § 4 of the Convention.
Article
14
Inscriptions
and signs
§ 1.
Railway vehicles admitted to operation must bear
a) a sign, which establishes clearly that they
have been admitted to operation in international traffic according to these
Uniform Rules, and
b) the other inscriptions and signs prescribed in
the Annexes to the APTU Uniform Rules.
§ 2.
The Committee of Technical Experts shall lay down the sign provided for in
§ 1, letter a) and the transitional periods during which the railway
vehicles admitted to circulation in international traffic may bear inscriptions
and signs derogating from those prescribed according to § 1.
§ 3.
Article 35 §§ 1 and 3 to 5 of the Convention shall apply mutatis mutandis.
Article
15
Maintenance
The railway
vehicles and the other railway material must be in a good state of maintenance
in such a way that their condition would not compromise in any way operational
safety and would not harm the environment and public health by their
circulation or their use in international traffic. To that end, the railway
vehicles must be submitted for the servicing and the maintenance operations
prescribed in the Annexes to the APTU Uniform Rules, in the special conditions
of an admission under Article 7 § 2 or § 3 or in the construction and
equipment prescriptions contained in the Annex to RID.
Article
16
Accidents
and severe damage
§ 1.
In case of accident or severe damage to railway vehicles, the infrastructure
managers, if appropriate in common with the keepers and the transport
undertakings concerned, shall be required
a) to take, without delay, all necessary measures
to ensure the safety of railway traffic, respect for the environment and public
health and
b) to establish the causes of the accident or the
severe damage.
§ 2.
A vehicle shall be considered severely damaged when it cannot be repaired by a
simple operation which would allow it to be joined in a train and to circulate
on its own wheels without danger for the operations.
§ 3.
The accidents and severe damage shall be notified, without delay, to the
authority which admitted the vehicle to circulation. That authority may require
the damaged vehicle to be presented, possibly already repaired, for examination
of the validity of the admission to operation which has been granted. If
appropriate, the procedure concerning the grant of admission to operation must
be repeated.
§ 4.
The competent authorities of the Contracting States shall inform the
Organisation of the causes of accidents and severe damage in international
traffic. The Committee of Technical Experts may, at the request of a
Contracting State, examine the causes of serious accidents in international
traffic with a view possibly to developing the construction and operation
prescriptions for railway vehicles and other railway material contained in the
Annexes to the APTU Uniform Rules.
Article
17
Immobilisation
and rejection of vehicles
The competent
authority referred to in Article 5, another rail transport undertaking or an
infrastructure manager may not reject or immobilise railway vehicles if these
Uniform Rules, the prescriptions contained in the Annexes to the APTU Uniform
Rules, the special conditions of admission under Article 7 § 2 or § 3
as well as the construction and operation prescriptions contained in the Annex
to RID, have been complied with.
Article
18
Non-compliance
with the prescriptions
§ 1.
Subject to § 2 and Article 10 § 9, letter c), the juridical
consequences resulting from failure to comply with these Uniform Rules and the
prescriptions of the Annexes to the APTU Uniform Rules, shall be regulated by
the national law of the Contracting State of which the competent authority has
granted the admission to operation, including the rules relating to conflict of
laws.
§ 2.
The consequences in civil and penal law, resulting from failure to comply with
these Uniform Rules and the prescriptions of the Annexes to the APTU Uniform
Rules, shall be regulated, so far as concerns the infrastructure, by the
national law of the Contracting State in which the infrastructure manager has
his place of business, including the rules relating to conflict of laws.
Article
19
Disputes
Two or more
Contracting States, which have a dispute relating to the technical admission of
railway vehicles and other railway material intended to be used in
international traffic, may refer it to the Committee of Technical Experts if
they have not succeeded in resolving it by direct negotiation. Such disputes
may also be submitted, in accordance with the procedure specified in Title V of
the Convention, to the Arbitration Tribunal.