On The Convention On International Carriage By Rail (Cotif)

Original Language Title: o Úmluvě o mezinárodní železniční přepravě (COTIF)

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=36469&nr=8~2F1985~20Sb.&ft=txt

8/1985 Coll.



DECREE



Minister of Foreign Affairs



on 2 December. August 1984



on the Convention on international carriage by rail (COTIF)



Change: 61/1991.



Change: 251/1991.



Change: 274/1996 Coll.



Change: 60/1999.



Modified: 9/2002 Coll.



Change: 46/2003 Coll.



Changed: 8/2004 Coll.



Change: 34/2005 Coll.



Change: 49/2006 Coll.



Modified: 19/2007 Coll.



Modified: 03/2007 Coll.



On 9 April. May 1980 in Berne was negotiated the Convention on the international

carriage by rail (COTIF).



On behalf of the Czechoslovak Socialist Republic, the Convention was signed in

Berne on 29. December 1980.



With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak

the President of the Czechoslovak Socialist Republic and the Socialist

It was ratified by the Republic, subject to that, according to article 12 § 3 of the Convention

COTIF and in accordance with article 3 § 1 Connection and-uniform rules

the contract for the international carriage of passengers and luggage (CIV) will not be

Czechoslovak Socialist Republic use article 12 § 1 of the Convention

COTIF and all the provisions on the liability of the railways for the slaughter and

injury to passengers, it will be the citizens of CZECHOSLOVAKIA and the passenger

having a permanent residence in CZECHOSLOVAKIA, where the accident occurred on its territory.

The ratification instrument was deposited with the Government of Switzerland, depositary of the Convention,

28 June 1999. January 1983.



Convention shall enter into force on the basis of article 24, paragraph 1 of the date 1. may

1985, and this day i will enter into force for the Czechoslovak

Socialist Republic of Vietnam. That date shall cease to be valid International

Convention on the carriage of goods by rail (CIM) and the International Convention on the

carriage of passengers and luggage by rail (CIV) from 7. February 1970,

the famous No 106/1975 Coll., as well as the Additional Convention to CIV on the Convention

liability of the railway for death and injury of passengers from 26. February

1966, proclaimed no 94/1973 Coll., and 107/1975 Coll.



Czech translation of the Convention shall be published at the same time.



First Deputy:



Rehorek v.r.



CONVENTION



concerning international carriage by rail (COTIF)



Uniform rules concerning CIV and CIM



------



Editor's note. ASPI: the Text of the Convention as amended by the Protocol of Amendment 3. June

1999 see communication No. 49/2006 Coll.



Č. 1



Protocol on the privileges and immunities of the intergovernmental organisation for international

by rail (OTIF)



------



Editor's note. ASPI: the Text of the Protocol as amended see communication No. 49/2006

Coll.



Annex 1A



Complementary mandate for the auditing of the accounts



1. the inspector shall account ^ 1) checks the accounts of the Organization, including all if it

considers it necessary, confidential funds and special accounts, to make sure

that:



and correspond to the financial statements) books and documents of the Organization



b) accounting operations to which the statements relate, are made in

accordance with the rules and regulations, as well as to the budgetary provisions and

other directives of the Organization



(c) securities and cash) that are deposited in a bank or cashier

checked either directly by documents opatrovatele (custodian), or

actually counted



(d) the internal control system), including internal controls, accounting,

a reasonable



e) all the amounts of assets and liabilities, as well as surpluses and deficits are

recorded in a satisfactory way.



2. the Only controller of accounts is entitled to recognise fully or partially confirm and

papers delivered by the Director General. If it considers it advisable, it may

each document of the accounting operations or deliveries and material in detail

explore and test.



3. The Comptroller of accounts at any time access to all books, documents,

the accounting documents and other information that it considers necessary.



4. the controller of the account is not authorized to refuse an item account, but

immediately notify the Director-General on each operation, that of

the rules or the purpose is dubious, to accede to the

the necessary measures.



5. the inspector shall confirm the financial accounts documents the following text and

sign: "I checked the financial statements of the Organization for the financial year,

that is 31. December. ... ends. Review includes an overall analysis method

accounting, control, accounting documents, and other supporting documents, which I

considered necessary in the circumstances. " In the present case, this can be

confirm that:



and) the financial documents of the financial situation at the end of the account of the coming of the

period as well as the results of operations carried out during this time

period are satisfactorily recorded



b) accounting documents correspond to the mentioned accounting principles



(c)) have been applied financial principles of co-modality as corresponding to that of a reasonable

as applied in the previous accounting year



d) accounting operations were carried out in accordance with the rules and regulations, as well as

even the budgetary provisions and other directives of the organization.



6. In its report on financial operations, the controller of the account mentions:



and) method and extent of the checks carried out



(b)) the findings relating to the completeness or accuracy of the accounts comprising the

or:



1. the necessary information for the correct interpretation and assessment of the accounts



2. any money which is formed, however, is not included in the accounts



3. any money which is inconsistent with a normal or an agreed expenditure

obligations and was not recorded, or not taken into account in the financial statements



4. the expenses, which have not submitted sufficient supporting documents



5. a statement of whether the books are kept in the appropriate form;

highlighted cases in which the handling of financial statements differs

from the generally recognized and consistently used accounting principles



(c) other matters) that draws attention, such as the Administrative Committee.



1. cases of fraud or suspected fraud



2. waste or undue use of funds or other accounts receivable

Organization (in particular, if the account to which such operations

are properly kept)



3. expenditure in respect of which there is a risk that they may cause additional

significant organization costs



4. every general or special defect of the system of control of income and expenditure

or supplies and materials



5. expenses that do not match the intentions of the Administrative Committee with regard to the

transfers within the envisaged budget properly



6. exceeding of the loans having regard to changes arising from the transfers, which

inside the budgets are duly expected



7. expenses that do not correspond to a valid mandate



d) accuracy or inaccuracy accounts relating to the supplies and materials are

determined after the inventory and control of the books.

In addition, the report pointed out the operations that have been recorded in the

during one of the preceding financial year and which are new

information, or on the operations that take place in the course of the later

accounting period, but for which the Administrative Committee in advance is advisable

to inform.



7. the inspector shall in no case accounts in the report's criticism, without

the Director General did not give a reasonable opportunity to take

opinion.



8. The Management Committee shall notify the Comptroller of accounts and the Director General, in

connection with the control of the accounts, opinion. Additionally, you may attach a comment,

which it considers appropriate in view of the financial report to the General

the Director.



9. If the Inspector assumes only a summary account control or cannot

get sufficient explanation, must be brought to their acknowledgements and messages

the reasons for their comments, as well as to discuss the consequences of

the financial situation and the posted financial operations.



Č. 2



Connections and to the Convention on international carriage by rail (COTIF) of 9.

May 1980



Uniform rules concerning the contract for international carriage

passengers and luggage (CIV)



-----



Editor's note. ASPI: the current text of annex see communication No. 49/2006 Coll.



Č. 3



Hook (B) to the Convention concerning international carriage by rail (COTIF) of 9.

May 1980



Uniform rules concerning the contract for international carriage

of goods (CIM)



-----



Editor's note. ASPI: the current text of annex see communication No. 49/2006 Coll.



Č. 4



(Articles 4 and 5)



Regulations concerning the international carriage of dangerous goods (RID)



-----



Editor's note. ASPI: the Text is valid from 1. January 2011 see communication from the Ministry of

Foreign Affairs No 19/2007 Coll.



Č. 5



(Article 8, paragraph 1)



The regulations concerning the international carriage of vehicles transporters (RIP)



Article 1.



The subject of the order



section 1 of this order applies to all transport of empty or loaded cars

the carriers accepted pursuant to article 2 of the international transport and submitted

for carriage in accordance with the CIM Uniform Rules.



§ 2 if there are specific provisions in these regulations apply to the transport of

referred to in section 1 of the other provisions of the uniform rules.



Article 2.



Admission of vehicles transporters for the international transport



In order to be admitted to international traffic, cars must be included

the name of a firearm (a natural person or other legal entity) to

some of the railway's fleet, whose lines are subject to the single

legislation and shall be provided with this rail (P).



This procedure is called private person (carrier), whose name must be

written on the car as "zařaditel".



Article 3.



Car transporters




The sender may be used only for the transport of the car transporter of the goods,

for the transport of the car is according to the zařaditelské contract to be eligible.

The sender is responsible for the consequences of not observing this

provisions.



Article 4.



Special equipment



If the car is fitted with special devices (refrigeration equipment, tanks

on the water, mechanisms, etc.), it is the responsibility of the sender to ensure itself

or put to ensure the operation of these devices. This obligation is transferred to the

as soon as the recipient exercise their right under articles 28 or 31 of the uniform

legislation.



Article 5 ...



Give to transport



§ 1 right to the car carrier to transport, it is for zařaditeli. Each

another empty sender or bulk car transporter must pass

the sending station at the same time with the empowerment of a consignment note issued by the

zařaditelem, which may relate to more cars.



This authorisation is not necessary if the sender was a recipient of the car

the carrier when the previous shipment and if the station does not receive the conclusion

new transportation contracts written, wire or ticker of prohibition

zařaditele send a car or cars without his consent.



§ 2 does not instruct him to zařaditel, the railway shall be entitled to return to the

the home station at the expense of zařaditele with consignment note sounding on

his name and address



-each received an empty car, with the loading was not started within 15 days

After its nice;



-each received bulk truck that was not within 8 days after its completion

again filed for transportation.



If the railway does not use this option, you must after the expiry of the above

deadlines warned zařaditele; in this case, however, the car must not return

during the 8 days following dispatch of the message zařaditeli.



This section shall not apply for vehicles located in the country

zařaditelské railroad cars on sidings and carriers.



§ 3 the tenant, whose name is written with the consent of the railway zařaditelské

on the car, playing for matters subject to the application of this article

instead of zařaditele.



Article 6.



The entries in the consignment note



§ 1 in addition to the entries in the uniform legislation envisaged, it must

the sender written into the Bill of lading:



and in a column for the naming) of the goods



-in the case of an empty car transporter, "P-car, an empty" (German: "P-Wagen,

Leer "),



-in the case of bulk goods, the car, for the naming of the word "loaded in P-car"

(German: "auf P-Wagen verladen");



(b)) to the columns of the consignment note for the specified special characters of the car.



§ 2-If the sender requests the empty carrier specific guarantee

compliance with the delivery period referred to in article 14, shall enter in the consignment note

in the column intended for his statement record "special warranty available

time limits "(German:" Gewährleistung der Besondere Lieferfrist ").



Article 7 ...



Interest in delivery



§ 1 in respect of consignments of empty wagons of the transporter is not permitted to indicate an interest in

delivery.



§ 2 in the case of car carriers expressed interest in delivery applies only for

loaded with goods.



Article 8.



Cash on delivery and advance



section 1 of the empty wagons of the transporter cannot be encumbered or cash on delivery, or

backup.



§ 2 Bulk Carriers may not be encumbered by cars cash on delivery in excess of

the value of the loaded goods.



Article 9.



An extension of the delivery period



section 1 of the delivery time is extended not only in the cases referred to in article 27

section 7 of the uniform rules, but also for the duration of the interruption

transport as a result of damage to the car, if the railroad is not responsible for

damage referred to in article 12.



§ 2-If the goods are Transhipped from the damaged car to another car, ending a stay of

for the goods at the time when they can be further transported after transhipment.



Article 10.



Detection of damage to the car carrier or its components



§ 1 where the rail carrier loss or damage to the car's

part of it, or believes that such damage or claim if it

true, it is obliged to immediately draw up a rail in accordance with article

52 commercial write uniform rules to the effect the kind of

damage or loss and, if possible, their cause and the time of emergence.



Commercial registration must, without delay, send to the zařaditelské rail, which

will give zařaditeli a copy of it. If this is about a car, on which is written with the

the consent of the zařaditelské railway, the charterer shall supply a copy of the

commercial registration directly to the lessee.



§ 2 the carrier if the car is loaded, shall, where appropriate, special

commercial registration pursuant to article 52 of the uniform legislation for the goods.



Article 11.



To prevent damage to the car to continue their journey



§ 1 the Damages to an empty car transporter so that it cannot continue its

carriage, or so that it cannot be to dispose of the goods, the station in which the

damage was found, inform immediately by telegram or

dálnopisně the consignor shall set out, as far as possible, the kind of damage.



§ 2 each empty car out of circulation must be noted in the rail

working condition, if it is not damaged so severely that it had to be

loaded on another car.



After putting the car into a State of usability, it may do so without rail

the consent of a revision to the amount provided for in the Treaty of zařaditelské.



These provisions shall apply, without in any way prejudge the question of

liability.



§ 3 If the railroad repairs in accordance with § 2 and if necessary

assume their longer duration of 4 days, request the railroads

by telegram or dálnopisně of the sender of the communication of the design, if it is after

the end of the work continue in the performance of the contract of carriage or if this

change. If the sender of the completion of the design work,

the performance of the contract of carriage.



section 4 does not apply to the railway itself, will ask the station in which it was

damage found immediately by telegram or directly dálnopisně

the sender about the proposals. If the sender is not zařaditelem at the same time, it shall send the

a copy of this request immediately by telegram or dálnopisně zařaditeli.

If the railway does not receive the sender's proposal within 8 days after dispatch

the telegram or telex, it is entitled to, said any car to

working condition, return it without permission back to his home

the station with the consignment note made out in the name and address of the zařaditele.



The reasons for returning the car have to be entered in the consignment note, the words "P-car,

an empty "(German:" P-Wagen, leer ").



§ 5 If the Damaged bulk carrier's car so that it is not possible to continue

transport and goods must be interpreted, applied to this article on the table

the car.



If the car can be repaired without unloading the goods, the provisions of § 1, 2, 3, 6, and

7 of this article.



§ 6 transport fees and other expenses incurred up to the station of the detention of the car, expenses

for sending the message to the sender and zařaditeli, as well as the expenses incurred by the

in carrying out the proposals, if appropriate, or when you send the car on its own initiative

in the home station, stick to the consignment.



§ 7 of the lessee, whose name is written with the consent of the railway zařaditelské

on the car, takes over in the application of the provisions of this article, all rights

zařaditele.



Article 12.



The liability of the railway when the loss or damage to the vehicle or its components



§ 1 in case of loss or damage the carrier or its components,

arising from the taking over for carriage until the delivery corresponds to the rail,

unless that no damage occurred through no fault of hers.



§ 2 When the car carrier loss is limited by the amount of the replacement value of the car;

the principles for the calculation of this value shall be determined in the zařaditelské contract. In

the case of damage to the car transporter, the refund calculated in accordance with the provisions of the

zařaditelské of the Treaty.



§ 3 when the loss or damage to vehicle accessories detachable corresponds to

the railway only if they are Add-ons written on both sides

the car. Rail accepts no responsibility for loss or damage

detachable tool.



§ 4 If true, that the injury was caused by the fault of the railways,

corresponds to the railway



-for damages arising on the clay, glass, terracotta, etc. containers

only if the damage is related to any other deterioration of the car carrier,

that the railways under the previous provisions;



-for damages arising on the containers with internal coating (enamel, ebonite

, etc.) only if they are on the track of the outer containers for damage

that the railways under the foregoing provisions.



§ 5 in the case of compensation for loss of or damage to the car carrier or its

part of the zařaditel takes place, the sender or the recipient.

Complaints may be submitted only by the zařaditelské railway, and claims can

be applied only against the rail, which succeeds the right to place

the responsible railway.



§ 6 Claims against railroad for damages caused by zařaditeli car transporter

during transport shall be governed by the Treaty of zařaditelskou. Only zařaditelská

the railroad may exercise the rights of other railways to zařaditeli.



section 7 Claims referred to in § 1 and 6 shall become statute-barred after three years. This limitation of

begins



-for claims zařaditele against the rail in accordance with § 1-5 on the day on which the

loss of or damage to the car found. with regard to article 13 §

1;



-for claims against the zařaditeli railway, pursuant to section 6, the date when the damage occurred.



Article 13.



Presumption of loss of the car transporter




§ 1 the person entitled may treat the car transporter for lost without further

evidence, if it is not within three months after the expiry of the delivery period came

the recipient or has not been made available.



This period shall be extended by the period of disposal of the car from traffic for the cause

nezaviněnou railway or for damage to the car.



§ 2 If the car carrier is considered lost, encounters after payday

compensation, can zařaditel within six months after receipt of the report from the

zařaditelské rail return refund and request that his car was free of charge

inured in the home station.



Article 14.



The delivery period is exceeded, the refund



§ 1 the rail for exceeding the delivery time for an empty or

the bulk of the car carrier is required to pay to the creditor the fixed compensation for

every day of delay, irrespective of any compensation for

exceeding the delivery time for a laden goods. This compensation shall be:



and) 4.50 units of account per modern bogie wagons and coaches them on

Department, as defined in the Treaty, zařaditelské



(b)) for the unit of 3.00 other cars.



§ 2 If the exceeding of the delivery date due to bad faith or gross

the negligence of the railroad, the fixed damages at 9.00 clearing

units per day for vehicles referred to in section 1a) and on clearing 6.50

units per day for vehicles referred to in section 1b).



§ 3 the sender of the empty carrier may require special warranty

delivery time. This fee is collected for 1.00 per unit

every even just begun by 100 km, but not less than 10.00 clearing

units. When you pay the freight in accordance with article 15 § 2a) DIGIC 4

Of the uniform law shall pay this fee always fully

the sender.



The delivery period is exceeded, the railway is obliged to pay fixed

compensation 9.00 units of account per day for vehicles referred to in section

1A) and 6.50 units of account per day for vehicles referred to in section

1B), but at least 20.00 units of account.



Č. 6



(Article 8 § 2)



The regulations concerning the international carriage of containers (RICo)



CHAPTER I



Generally



Article 1,



The subject of the order



section 1 of this order applies to containers served to transport under the conditions

The CIM Uniform Rules.



These containers must include rail or private individuals (natural

individuals or other legal entities), and must be in the last

If approved by the railway or conform to the applicable international

regulations for the construction of large containers.



§ 2 under these regulations shall be regarded as a "container" of transport

(a bag, tank or similar device) that



-has a lasting character and therefore it is durable enough to allow the

reuse,



-is adapted to facilitate the transport of goods by one or more modes of

transport without intervention in the content



-is equipped with the devices to facilitate handling and mounting,



-the content of at least 1 m 3 and dimensions not exceeding the rate laid down in the

regulations of the railways.



For "large containers" means containers of a content exceeding 3 cubic metres and a length of

6 m (20 English feet) and more.



The term ' container ' shall include the accessories and equipment of the container in accordance with

its type (category), under the conditions of transport together with him. Does not include

Neither the vehicle nor the accessories and equipment of vehicles, or packaging.



Article 2,



General provisions



§ 1 subject to tariffs, these may be the subject of a container's contents only

a single contract of carriage.



section 2 of these regulations do not contain specific provisions shall apply to the carriage of

empty or filled containers to the other provisions of the uniform

legislation.



Article 3,



Transport from House to House



For containers sent by rail from the House is closing the transport carrier

the Treaty in the House of the sender. For containers that come in the House carrier

contract of carriage ends in the House of the recipient.



CHAPTER II



The railway containers



Article 4,



Nice. Returning. Fees.



You can select using the container fee, whose amount is determined by the tariffs.

The tariffs also lays down the conditions under which the přichystávají containers,

the deadline for their return, as well as the fees charged by a failure to comply with this

the time limits.



Article 5,



The entries in the consignment note



In addition to the prescribed Uniform legislation entries must the sender

write on the prescribed points of the Bill of lading, the type (category)

characters, number, weight in kilograms and the button is clicked. other

the characteristics of the container.



The custom weight shall not include the weight of the specific internal and

detachable devices that have the character of the packaging or upevňovadel.



Article 6,



The manipulation. Cleaning



The tariffs laid down the conditions for the loading and unloading of containers. Loading

does not refer to just store the containers on the car, but also the additional tasks

above all, consolidation of containers.



The recipient is obliged to return the containers in a clean state. If this is not so,

may require payment of a fee, the railways whose amount is determined by the tariffs.



Article 7,



Reuse



Delivered filled containers may only be the recipient to use the new shipment just

the consent of the railways of destination.



Article 8,



Loss and damage



§ 1 the person who receives from the rail empty or filled with container,

required to determine the status of the container at the time of its receipt; He is the

responsible for all damage that is found when returning a container

rail, and that have not been reported, but the reception would demonstrate that the

Skoda already existed on acceptance, or that have resulted from circumstances which

could not avoid and the consequences of which could not be prevented in his power.



§ 2 the consignor is responsible for loss or damage to containers that

during the performance of the contract of carriage, if the result of the

acts or conduct of its workers.



§ 3 If the container is not returned by rail within 30 days counted from the date of

following the day of its handover to the sender or recipient, may it

the railroad be considered lost and demand payment of its value.



CHAPTER III



Containers, carriers



Article 9,



The approval of the



Containers (private) may be approved, either by rail,

the lines are subject to the Uniform legislation, they conform to your

structures, and signage regulations issued for that purpose. Approved

containers, excluding large containers, railway special mark P.



Article 10,



The entries in the consignment note



In addition to the prescribed Uniform legislation entries must the sender

enter in the consignment note to the columns to reserved the following information:



-the type (category), number, weight in kilograms and the button is clicked. other

the characteristics of the container,



-for approved containers in addition indicate approval of the railroad and, with the

the exception of large containers, letter P,



-Finally, for empty containers, such as naming the item writing

"approved container, empty" (German: zugelassener leerer

Container ") or" large container, empty "(German:" Grosscontainer,

Leer ").



Article 11,



Cash on delivery



Empty containers may not be encumbered by cash on delivery.



Article 12,



Special equipment



If the containers are fitted with special devices (refrigeration

equipment, water tanks, mechanisms, etc.), it is for the sender

provide or arrange to provide their service. This obligation is transferred

on the recipient, once the exercise their right under article 27 or article 31

Uniform laws.



Article 13,



Return a blank or new use of a container



After the delivery of the container, unless specifically agreed otherwise, the railroad is not

obliged to worry about return the empty container or its

new use for transportation.



Article 14,



Compensation for loss of or damage to the container



Compensation paid pursuant to article 40 of the uniform law for the loss of

the container shall be calculated according to the value of the container.



Compensation paid pursuant to article 42 of the uniform law

damage to the container is calculated according to expenditure for the repair.



Article 15,



The delivery period is exceeded, the refund



Independently of the provisions of the uniform rules may railroad

arranged in special agreements with the owners or lessees of containers

carriers (private), that will provide them with the delivery period is exceeded, the

the special refund.



Č. 7



(Article 8 § 3)



The regulations concerning the international carriage of express services (RIEx)



§ 1 for the spěšninu is considered the only goods transported separately as quickly as

the conditions of the international plan.



As express goods may be accepted for carriage only goods which may

be loaded without difficulty into the boot of the car passenger trains.

International fares may provide for exceptions to this rule.



§ 2 of the carriage as express goods items are excluded in article 4

Uniform laws. The substances and articles referred to in RID or those

subject to the tariff agreement and clauses agreed under article 5 §

2 uniform rules, are admitted for carriage as

express goods only when it is explicitly enabled this transport

RID or those agreements or tariff provisions. International

tariffs to determine whether other goods is also excluded from carriage or to

It may be admitted under special conditions.




§ 3 Express can be served to transport with another transport Charter

than the consignment note referred to in article 12 paragraph 2 of the uniform rules.

The model, which is used and writes that must or may be in it

contained, lays down international tariffs. This document must be

include:



the sending station) and the station of destination;



(b)), the name and address of the sender and recipient;



c) naming of the goods;



(d) the number and type of) packaging;



e) a detailed list of documents required by the customs or other authorities

the State Administration attached to the movement document.



§ 4 Express must be transported fast means within the time limits

laid down international tariffs. The delivery period shall in all

cases less than the time limit applicable under article 27 uniform

regulations.



§ 5 the international tariffs may also anticipate another deviation from the Uniform

the legislation, other than those listed above. You cannot, however, depart

from articles 35 to 38, 40 to 42, 44 and 47 to 58 uniform

regulations.



§ 6 for express shall apply uniform rules, if

do not contradict the preceding provisions and provisions of international

tariffs.



1) this term is equivalent to the content of the term "auditor" within the meaning of Act No.

524/1992 Coll., which most closely and activities and

the text of the original-"le verificateur verifie les comptes...".