274/1996 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 9 July. in May 1980, was in
Bern agreed Convention on international rail (COTIF) and the date of
December 20, 1990 ibid 1990 Protocol on amendments to the Convention on international
railway transport of ^ 1)
The instrument of accession of the Czech Republic to the Convention on international carriage by rail
(COTIF), as amended by the Protocol of 1990, has been deposited with the Swiss
the Government, depositary of the Convention, 13 June 2005. December 1993.
Access to the reservation has been confirmed, "that, according to article 12 § 3
Convention on the international transport (COTIF) and in accordance with article 3 § 1 connection and-
Uniform rules concerning the contract for international carriage of passengers
and luggage (CIV)-Czech Republic will not apply article 12 § 1
Convention concerning international carriage by rail (COTIF) and all the provisions of the
the liability of the railways for the killing and injury of passengers, if the
be a citizen of the Czech Republic and in the Czech Republic
permanent residence, if the injury occurred on its territory. "
Convention on international rail (COTIF) entered into force
on the basis of its article 24 § 1 of the day 1. in May 1985, and for the Czech
the Republic on the basis of article 23, paragraph. 2 came into force on 1 January 2005.
February 1994.
The Protocol of 1990 in accordance with the wording of the article. 20 § 2 of the Convention COTIF and its
article in entered into force on 1 January 2005. November 1996 and on this day
entered into force for the Czech Republic. Czech translation of the Protocol
Announces at the same time.
The PROTOCOL of 1990
concerning the amendments to the Convention concerning international carriage by rail (COTIF) of 9.
5.1980
Within the meaning of articles 6 and 19 § 2 of the Convention on the international carriage of
(COTIF) signed in Bern, Switzerland 9. 5.1980 took place from the 17. up to 20. December
1990 in Bern, 2. The General Assembly of the intergovernmental organisation for international
transport by rail (OTIF).
With regard to the need to further develop the provisions of COTIF to match
the new conditions of the international community and international railway
transport, the Contracting Parties agree on the following:
The General Assembly decided the changes
Article. (I)
The changes relating to the Convention itself
1. Article 2 of the COTIF
The current text is added to section 2 2. the sentence the following wording:
"Transport on routes within the meaning of the preceding paragraph are built
on a par with other national transport operations carried out as a supplement to
rail transport and responsibility. "
2. Article 3 of the COTIF
The text of section 2 shall be amended as follows:
"section 2 of the Lines referred to in article 2 § 1 and in the first paragraph of section 2, after which the
These... "
The text of the 1. paragraph of section 3 shall be added:
"section 3 of the Companies operating the line referred to in article 2, section 2, first paragraph, and
entered into these... "
3. Article 4 of the COTIF
The text is amended as follows:
"In the next text used the term" Convention "means the Convention itself,
The Protocol referred to in article 1, section 2, 2. paragraph, the additional mandate for the
accounting control and connections A and B, including their annexes referred to in the
Article 3 § 1 and 4. "
4. Article 7 of the COTIF
The text of the 1. paragraph of section 1 shall be amended as follows:
"section 1 Administrative Committee consists of representatives of twelve of the Member States."
In the 2. sentence 1. paragraph of section 1, the words cutting:
"... and takes the Presidency."
The wording of section 2 (a). and), the following:
") shall be determined by the internal rules of procedure and a two-thirds majority of the marks
the State, which in a given term will hold the Presidency
function. "
The wording of section 2 (a). (d)) shall be added a new paragraph in the following wording:
"The Director-General and his Deputy are appointed for 5 years and may be
Re-elected. "
5. The COTIF, article 11
The text of section 7 shall be replaced by the following:
"section 7 of the audit performed by the Swiss Government under the rules of the supplementary
the mandate of the COTIF Convention, subject to its own separate Administrative instructions
the Committee, in accordance with the provisions of the financial and accounting regulations
the organization. "
6. Article 19 COTIF
The text of section 3, the following new point and) with this text:
"and a complementary mandate to check) accounts"
Letters and) and (b)) is amended to b) and (c)).
Under the Protocol on the privileges and immunities of the OTIF includes the following
Annex:
Complementary mandate for the inspection of accounts
"1. The reviewer account ^ 1) checked 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) of the 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 with budgetary provisions and
other directives of the Organization
(c) securities and cash), which are stored in a bank or cash register
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
satisfactorily cleared.
2. the Only controller of accounts is entitled to recognise fully or partially confirm and
the documents provided by the Director General. If it considers it advisable, it may
each document of the accounting operations, or the supply of material and detail
explore and test.
3. The controller has the account at all times have 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 point of view of the rules or the purpose is dubious, to accede to the
the necessary measures.
5. The controller of accounts confirm financial documents with the following text and
sign: "I checked the financial statements of the Organization for the business year
that is 31. December. ... ends. Check includes the total analysis method
accounting, accounting documents, checks and other documents, which I
under the circumstances, he considered it necessary. " In the case of this
confirm that:
and financial documents) of the financial situation at the end of the account of the ongoing
period, as well as the results of operations carried out during this time
period are satisfactorily recorded
b) accounting documents correspond to the above-mentioned accounting principles
(c)) have been applied financial principles of co-modality, the appropriate corresponding to that
that 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 the accounts of the accounting reviewer mentions:
and) method and extent of the checks carried out
(b)) the findings relating to the completeness or accuracy of the accounts comprising the
where appropriate:
1. the necessary information for the correct interpretation and assessment of the accounts
2. each of the resulting amount, which, however, is not included in the accounts
3. any money which is inconsistent with the normal or the agreed expenditure
obligations and has not been posted 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, deviate
from the generally recognized and consistently used accounting principles
(c)) the other issues on which the highlights, 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, then, 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, which do not match the intentions of the Administrative Committee with regard to the
transfers properly projected inside of the budget
6. loans exceeded with regard to the changes that arise from the transmission
inside the budgets are duly expected
7. expenses, which do not correspond to a valid mandate
(d) the accuracy or inaccuracy of accounts) relating to the supply and materials
It shall be counted and the control of the books.
In addition, the report pointed out the operations that were posted in the
during one of the previous financial year and which are new
information, or on the operation, which will take place in the course of the subsequent
accounting period, but which is well advised by the Administrative Committee in advance
to inform.
7. The controller of accounts shall in no case in the report's criticism, without
would give the Director in advance of a reasonable opportunity to take
the opinion.
8. the inspector shall inform the Administrative Committee and account Director, in
connection with the control of the accounts, opinion. In addition, you can attach a comment
which it considers appropriate, taking into account the financial report to the General
the Director of the.
9. If the Inspector assumes only a summary account control or cannot
get sufficient explanation must give to his confirmation and messages
the reasons for their comments, as well as to discuss the consequences of
the financial situation and the posted financial operations. "
1) this term is equivalent to the content of the concept of "auditor" within the meaning of Act No.
524/1992 Coll., which most closely the function and contents of the activities and
the text of the original-"le verificateur verifie les comptes...".
Article II
The changes relating to the CIV uniform rules
1. Article 1 of the CIV.
§ 1 shall be amended as follows:
"section 1
Subject to the provisions in articles 2, 3 and 33 use these exceptions foreseen
Uniform legislation for all transport of passengers and baggage, including the
motor vehicles with international transport documents that apply to
the path, which passes through the territory of at least two States and exclusively after the lines
that are entered in the list referred to in articles 3 and 10 of the Convention, respectively on the
transport, within the meaning of article 2 § 2, to assimilated them.
As regards the liability of the railway for death and injury of passengers,
apply the uniform legislation for the consignments transported Wizard
According to the uniform legislation for the Treaty on international rail
the transport of goods (CIM).
2. Article 14 of the CIV.
The text of section 1 shall be supplemented by the following sentence:
"§ 1 ... For the transport of motor vehicles may, in advance of the railways
provide that passengers remain during transport in a motor vehicle. "
3. Article 17 of the CIV.
The wording of section 2 is amended and a new 2. the paragraph with the following
text:
"section 2 of the International tariffs may under certain conditions allow for the transport of
as a travel baggage animals and objects not listed in section 1, as well as
motor vehicles for the transport of 2006 with trailer or without him.
Conditions of carriage for motor vehicles, in particular, determine the conditions for
submission to transport, dispatch, transport, transhipment and the form and content
the transport document must be marked with the acronym CIV, unloading and
the terms of delivery, as well as the obligations of the drivers of the vehicle in relation to their
the vehicle, loading and unloading. "
4. Article 41 CIV
The title is amended as follows: "motor vehicles"
The text of section 1 shall be amended as follows:
"§ 1 if it is a motor vehicle, for reasons attributable to the railway later
loaded or belatedly issued, is required of the rail if
true, that was too bad, pay compensation, which shall not
exceed the freight for the carriage of vehicles. "
The wording of section 3 is amended as follows:
"section 3 when the total or partial loss of a vehicle is authorized shall be calculated
a replacement for proven damage according to the residual value of the vehicle,
must not exceed 8000 units of account. "
The wording of section 4 shall be amended as follows:
"section 4 for damage on the subjects retained in the vehicle corresponds to railway
just in case, that it caused. The total damages shall not exceed the
1000 units of account. For items left outside the vehicle corresponds to
the railroad only in the event that the damage occurred through negotiation of workers
the railroad with the intent to cause such damage. "
2. the sentence at the same time a valid § 3 ranks such as section 5:
"§ 5 vehicle means also the trailer with a load or no load."
At the same time a valid § 5 in slightly amended ranks such as section 6 (new):
"§ 6 otherwise, the provisions relating to liability for luggage also
for the carriage of motor vehicles. "
5. Article 42 CIV
The title is amended as follows: "loss of rights on limited liability." The text of the
1. the paragraph is amended as follows:
"In articles 30, 31 and 38 to 41 of the uniform law
the presumed limits of liability, as well as the provisions of national
the law limiting the amount of the compensation fixed shall not apply, if the
proven that the damage was caused by an act or omission of the railway,
with the intent to cause such damage, or directly with the knowledge that
such damage would probably result. " The text of the 2. paragraph is deleted.
6. Article 43 CIV
The title is amended as follows: "Conversion and the capitalisation of the damages." The following
with the new section 1 reads as follows:
"section 1 must be recalculated when calculating compensation amounts referred to in
foreign currency converted by the exchange rate applicable on the day and at the place of
the payment of compensation. "
§ 1-4 is renumbered as section 2-5.
7. Article 53 CIV
The text of section 1 (1). 1 shall be amended as follows:
"section 1 all claims of liability authorized the railroad to the killing and
injury of a passenger shall cease if a legitimate injury has not notified the
no later than six months after that, when he learned of the damage, some of the
the railway, on which a claim may be made in accordance with article 49 § 1. "
8. Article 55 CIV
The wording of section 2 (2). 2 is hereby amended as follows:
"2. the limitation period shall be 2 years, however, for claims for damages caused by
Act or omission, either with the intent to cause such damage,
or directly with the knowledge that the damage may likely arise. " Void
letters and) and (b)).
Article. (III)
The changes relating to the CIM Uniform Rules
1. Article 1 CIM
The text of section 1 shall be added as follows:
"These .... The Convention, as well as in the present case to transport them on a par with
built in accordance with article 2 § 2, 2. paragraph of the Convention. "
2. Article 18 (CIM)
The text will be simplified as follows:
"The consignor shall be responsible for the accuracy of their data in the consignment note.
Raise it all the consequences resulting from the fact that the data are
incorrect, inaccurate, incomplete, or registered in a different location than for them
specified. "
The last sentence is deleted.
3. Article 40 of the CIM
In section 2, cutting the following words:
"subject to the restrictions provided for in article 45"
§ 4 is deleted.
4. Article 43 CIM
The text of section 1 shall be amended as follows:
"§ 1 if a crossing of the damage, including damage to the delivery of goods,
the railway is obliged to pay compensation, which shall not exceed four times the
carriage charge. "
5. Article 44 (CIM)
The title is amended as follows:
"The loss of rights on limitation of liability"
Text 1. the paragraph is amended as follows:
"The limitation of liability provided for in articles 25, 26, 30, 32, 33, 40, 42,
43, 45 and 46 cannot be used, if it is proved that the damage was caused by
Act or omission of the railroad caused with the intention of such damage
cause, or recklessly and with knowledge that such damage can
likely to occur. " The text of the 2. paragraph is deleted.
6. Article 47 (CIM)
The title is amended as follows:
"The conversion and the capitalisation of the refund"
Article 47, the following new section 1 in the following wording:
"section 1 must be recalculated when calculating compensation amounts referred to in
foreign currency converted by the exchange rate applicable on the day and at the place of
the payment of compensation. "
section 1, 2 and 3 shall be renumbered § 2, 3 and 4.
7. Article 58 (CIM)
The text of section 1 (b). (c)) shall be added as follows:
"(c)) resulting from the damage caused by the Act or omission, either with
the intent to cause such damage, or directly with the knowledge that such a shame
probably result. "
The text of section 1 (b). (d)) shall be cancelled.
Letter e) is amended to the letter d).
Final provisions
Article IV
Signature, ratification, acceptance, approval
section 1, this log is saved to 30. June 1991 in Bern in the Swiss
the Government, as the depositary of the Convention for signature by the States which were invited to the 2.
The General Assembly of the intergovernmental organisation for international carriage by rail
traffic (OTIF).
§ 2 according to the provisions of article 20 § 1 this Protocol shall be subject to the COTIF
ratification, acceptance or approval; the instruments of ratification and instruments of
acceptance or approval shall be deposited with the depository Government as soon as possible.
Article. In
The effectiveness of the
The conclusions contained in this Protocol shall enter into force on the first day 12.
the month following the month when the depository Government announced to the Member
States of the deposit of the instruments, which have been fulfilled the conditions of article 20 § 2
The COTIF.
Article VI
Access to the Convention
States which have been invited to the 2. The General Assembly of OTIF and this Protocol
within the meaning of article IV, section 1 of the anticipated time limit did not sign, can
accede to the Convention by submitting instruments of acceptance of the depository Government.
Article. (VII)
The relationship between COTIF and this Protocol
The Contracting Parties to this Protocol may be just the Member States of COTIF.
Article. (VIII)
The text of the Protocol
This Protocol is drawn up in French and signed.
French text is added to the official translation in German, English,
the Italian and Dutch languages.
Only the French text is authentic. On the evidence, the
the undersigned duly authorised thereto by their respective Governments, have signed the Protocol submitted.
Done at Bern, the 20th of December, one thousand nine hundred and ninety-one
the original copy, in French, that remains stored in the
the archives of the Swiss Confederation. Each Member State shall receive a certified
a copy of the.
1) Convention on international rail (COTIF) of 9 June 2005. may
1980, including subsequent amendments promulgated under Act No. 8/1985 Coll., no.
61/1991 Coll. and no 251/1991.
