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The Amendment To The Convention Concerning International Carriage By Rail (Cotif)

Original Language Title: o změně Úmluvy o mezinárodní železniční přepravě (COTIF)

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61/1991.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs declares that the 1. the meetings of the

The Audit Committee of the COTIF, which took place on 14. -24. December

1989, adopted amendments to the Convention concerning international carriage by

(COTIF), famous for its no. 8/1985 Coll. Changes entered into force on 1 May 2004.

January 1991 and that on the date of entry into force for the Czech and Slovak

Federative Republic.



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



Connections and to the Convention



concerning international carriage by rail (COTIF) of 9. May 1980



Uniform rules concerning the contract for international carriage

passengers and luggage (CIV) (the only new text, respectively.

:: relevant provisions)



Article 17 of the



paragraph 3 is deleted.



Article 19 of the



This article reads as follows:



"§ 1



If international fares in advance does not provide an exception is travel

baggage to be cleared only after submitting a ticket valid at least until the

station of destination of the luggage. If permitted by the tariffs to give

of the luggage without submitting a ticket, the provisions of

Uniform rules on the rights and obligations of the passenger

as regards travel luggage, mutatis mutandis, for the sender of

luggage.



§ 2



The railroad retained the ability to carry luggage other than

passengers used along the way. At the Centre of administration, as well as in the mount

stations in which the luggage must be translated, followed by

transport of the next, for carriage to specified travel luggage

by train. Luggage may be transported as above

only, unless upon departure or en route, customs or other

regulations.



§ 3



If international rates with no provision for an exception, must be for the freightage

baggage paid when offering to sell your.



§ 4



Fares or timetables can travel luggage transport in certain

types of trains or trains or to and from certain railway stations

excluded or limited.



§ 5



If the hand is not dealt with travel luggage in this article, the

provisions in force in the filing station. ".



Article 20 of the



The text of paragraph 4 (b). (c)) is amended as follows:



"(c)) date and time of administration,".



Article 25



The text of section 4 shall be amended as follows:



"§ 4



In the case of improper use of the fare or if an error occurs in the calculation

or select the shipping prices and other expenses, the railway is obliged to return the

or she must be remedied only if it exceeds the

for each ticket or baggage ticket two unit. ".



Article 38



The text of paragraph 1 (b). and) is amended as follows:



") if the amount of damage proved, the amount of this damage, but not exceeding

40 units of account per kilogram of gross weight, missing

or 600 units of account for each piece of baggage. "



Article 41



The text of § 3 and § 4, paragraph 4. 1 is amended as follows:



"§ 3



... ... must not exceed 8000 units of account.



§ 4



Total compensation may not exceed 1000 units of account ".



Article 43



The text of paragraph 3 shall be amended as follows:



"§ 3



For travel luggage may be required interest only

If the compensation exceeds 8 units of account per luggage

ticket. ".



Hook (B) to the Convention



concerning international carriage by rail (COTIF) of 9. May 1990



Uniform rules concerning the contract for international carriage

of goods (CIM) (the only new wording, respectively. accessories the relevant

the provisions)



Article 3 of the



The text of section 4 shall be amended as follows:



"§ 4



If the competent authority has decided that the



and traffic was) temporarily or permanently, in part or completely stopped,



(b)) of a particular consignment have been excluded from carriage or accepted for transportation

only under certain conditions,



(c) the goods have been received) certain to transport as a priority



These measures shall be notified immediately to the public and the railways,

that inform the railways of other States for publication. ".



Article 11 of the



The text of paragraph 1 and 2 shall be amended as follows:



"§ 1



The transport contract is concluded ... shall bear a waybill and, where appropriate,

each additional sheet the data stamp the imprint of the sending station.



§ 2



Operations referred to in paragraph 1 must follow immediately after offering to sell your to transport all in

of the goods and the consignment note-if so provided for regulations

force in the sending station-after paying expenses that took the

sender or after the lodging of the security pursuant to article 15, paragraph 7. ".



Article 12



§ 2 reads as follows:



"§ 2



The railroad provides uniform Bill of lading, which must

be duplicated intended for the sender. For certain transport, in particular for

transportation between neighbouring States, may provide for passenger railway

use the Bill of lading under a simplified model. For certain

transport with the countries of the non-participating in the Convention, may establish tariffs

the use of a special procedure ".



Article 14



section 8 is deleted.



Article 19 of the



section 5 is added:



"§ 5



The labelling of the goods by the shipper is regulated by complementary provisions

or tariffs. ".



§ 6 shall be deleted.



Article 24



section 1:



"§ 1



In addition to the carriage charge and refund the balance due to the difference, if any, damages may

railways to choose from:



and to dovoznému) in the amount of one unit per each

kilogram of gross weight of the entire piece



1. incorrect or incomplete printing, labelling of substances and articles

excluded from carriage in accordance with RID



2. improper or incomplete markings, peculiar substances and articles,

that are allowed for carriage in accordance with RID in particular conditions, or

the conditions have not been complied with RID

Additional provisions may provide for other methods of calculation in advance

increases to dovoznému, particularly the flat-rate premium for empty dovoznému

car carriers.



(b)) to dovoznému in the amount of 5 units of account per 100

kg, exceeding the load limit of car, the holiday was a car

loaded by the shipper ".



§ 2 shall be deleted.



§ 3 renumbers the § 2.



section 4 renumbered to section 3.



§ 5 renumbers the § 4 and reads as follows:



"§ 4



Cases in which a mark-up to dovoznému does not choose, specify

supplementary provisions. ".



Article 27



§ 2, 3 and 4 are added:



"§ 2



If the delivery period set out under § 1 applies



-subject to the provisions of the following sections



-the maximum delivery time:



and) for the wagon:

dispatch period............................... 12 hours,

shipping deadline for every

I just started 400 km...................... 24 hours,



(b)) for unit shipments

dispatch period............................... 12 hours,

shipping deadline for every

I just started 200 km...................... 24 hours



All distance means in the tariff kilometres.



§ 3



Dispatch time is counted only once, regardless of the number of participating

railways.



The transmission period shall be calculated as the total distance from a sending station to a

the station of destination.



§ 4



The railroad may provide additional delivery periods of a certain length in

the following cases:



and for shipments of served to) transport or shipped outside the station,



(b)) for shipments:



1. after the lines with a different gauge,



2. by sea or by inland waterway,



3. down the road, if there is no rail link,



(c)) unchanged,



d) without any changes. ".



section 6 reads as follows:



"section 6



The delivery period shall begin on the expiry of a 24. hour of the day, when the shipment was taken

for carriage. ".



section 8 reads as follows:



"section 8



Delivery time does not follow on Sundays and statutory holidays. On Saturdays

does not follow in the States where it is for their rail freight transport

provided the regulations. ".



In section 9, paragraph 2 is deleted. 2.



Article 29 of the



section 1:



"§ 1



If the fare was used incorrectly or if the errors in the calculation of

the carriage charge or the collection of an outstanding balance must be paid, and

the overpayment to be returned.



The outstanding balance is not selected and the overpayment does not return, it reaches for one

the Bill of lading 8 units of account. The return will take place from

its own initiative ".



Article 30



The text of paragraph 2 shall be amended as follows:



"§ 2



Statements must be given to the Declaration by the railways established pattern.

This Declaration has the sender repeat and sign on a judgement

the Bill of lading, rail ticket. The signature may be printed

or replaced by a stamp of the sender. Every command given by other means,

than is prescribed, is invalid. ".



Article 31



The text of paragraph 2 shall be amended as follows:



"§ 2



Statements must be given to the Declaration by the railways established pattern.

Every command given in a different way than is prescribed, is invalid. ".



The text of paragraph 3 (b). (d)) shall be amended as follows:



"(d)) has designated under paragraph 1 (b). (c)) a person and this person has removed

waybill, took over the goods or has exercised its rights under article 28 of the

§ 4.".



Article 33



The text of section 4 shall be amended as follows:



"§ 4



Changing the designation of the recipient or the sender's instructions the station of destination, or

If they are communicated to the station, where the goods are located, the sender must their

instructions written into the Bill of lading and duplicates this present

rail. ".



Article 34



The text of article 1 is amended as follows:



"§ 1



If there is an obstacle in the delivery, must submit to the sender about the railroad

forthwith a report and request his instructions. "




The text of paragraph 2 shall be amended as follows:



"§ 2



If the obstacle is lifted when the delivery of the goods before running out of the station of destination

the sender's instructions, the goods to the consignee. The sender shall be

shall be informed without delay ".



§ 5 shall be deleted.



§ 6, 7 and 8 shall be renumbered to paragraph 5, 6 and 7.



Article 38



The text of paragraph 2 shall be added a new paragraph 2 is added:



"This presumption applies if the contract of carriage the previous

the new offering to sell your were subjected to other comparable international Convention on

direct international rail traffic, and this includes the same legal

the presumption in favour of shipments submitted for carriage pursuant to the uniform

legislation. ".



Article 41



The text of paragraph 1 (b). a) and b) is amended as follows:



"§ 1



and) 2% by weight for liquids or for goods submitted to transport in a wet

the State of the



(b)), 1% by weight for dry goods ".



The text of section 4 shall be amended as follows:



"§ 4



When the total loss or loss of individual pieces in the calculation

damages don't shrink anything for loss of mass transport. ".



Article 45



Paragraph. 1 reads as follows:



"If the railroad Provides special conditions of carriage the special or

Special tariffs, which in comparison with the generally applicable fares

provide a discount from the carriage charge, may limit the compensation granted to the railways

the creditor for exceeding the delivery period, provided that this limitation is

the tariffs shown. ".



Article 59



§ 2 and 3 read as follows:



"§ 2



The sending of the railways is responsible for the freight and other expenses, which was not collected,

Although the sender is, according to article 15 of taken.



§ 3



If the railroad destination of goods without shipping or other selected

accounts receivable from the contract of carriage, then these amounts corresponding to. ".



Article 65



§ 1 and 2 read as follows:



§ 1



If the economic and financial state of a State cause when

the use of section VI of the serious predicament, two or more other States,

agreements to derogate from articles 15, 17 and 30, for the transfer of the State

located in the hardships States that



a) shipments from each of these States must be compulsorily

paid by the sender up to the border of the State, which has a hardship, but not

further,



b) shipments in each of these States must be compulsorily

paid by the sender up to the border of the State, which has a hardship, but not

further,



c) shipments to and from the State, which has difficulties, it must not be encumbered or

dobírkami, or advances, or that these are only allowed in specified

the amounts,



(d) the sender must not change) the contract of carriage in respect of the country of destination,

payout and delivery record.



§ 2



Under the conditions laid down in paragraph 1 and with the authorization of their Governments can

railroads that have relationships with railways of the State in

hardships, agree on derogations from articles 15, 18, 30 and 31 in the mutual

transport by rail of the State which has difficulties.



Such derogation shall be decided by a two thirds majority of the railways, which

they have relationships with railways of the State, situated in hardships. ".



Article 65 shall be added a new paragraph 5 is added:



"§ 5



Notwithstanding the provisions of this article, each State party may adopt

unilateral measures pursuant to article 3, paragraph 4, subparagraph (b)). ".