Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Considering Act No. 2006-243 of 2 March 2006 authorizing the approval of the Protocol Amending the Convention on International Carriage by Rail (OTIF) of 9 May 1980, adopted in Vilnius on 3 June 1999;
In view of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France,
Decrete:
The Protocol Amending the Convention on International Carriage by Rail (OTIF) of 9 May 1980, adopted at Vilnius on 3 June 1999, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
PROTOCOL MODIFICATION OF THE CONVENTION ON RAILING INTERNATIONAL CARRIAGE OF 9 MAY 1980 (ENSEMBLE ANNEX)
Pursuant to Articles 6 and 19, § 2, of the Convention on International Carriage by Rail, signed in Bern on 9 May 1980, the fifth General Assembly of the Intergovernmental Organization for International Carriage by Rail (OTIF) was held in Vilnius from 26 May to 3 June 1999.
Convinced of the necessity and utility of an intergovernmental organization that deals to the extent possible with all aspects of international rail transport at the state level;
Considering that, for this purpose and in view of the application of COTIF 1980 by 39 States in Europe, Asia and Africa as well as by railway companies in these states, OTIF is the most appropriate organization;
Considering the need to develop COTIF 1980, including the CIV uniform rules and the CIM uniform rules, to adapt it to the new needs of international rail transport;
Considering that security in the transport of dangerous goods into international rail traffic requires the transformation of RID into a regime of public law, whose application no longer depends on the conclusion of a contract of carriage subject to uniform rules CIM;
Considering that, since the signing of the Convention on 9 May 1980, the political, economic and legal changes in many of the Member States involve establishing and developing uniform requirements covering other areas of law that are important to international rail traffic;
Considering that States should take, taking into account particular public interests, more effective measures to eliminate the obstacles that persist in cross-border rail traffic;
Considering that, in the interest of international rail transport, it is important to update existing multilateral conventions and international agreements in the railway field and, where appropriate, to integrate them into the Convention,
the General Assembly decided that:
Article 1
New content of the Convention
COTIF 1980 is amended according to the annexed content that is an integral part of this Protocol.
Article 2
Provisional depositary
§ 1. The functions of the Depositary Government, as set out in Articles 22 to 26 of COTIF 1980, shall be assumed by OTIF, as Provisional Depositary, from the opening to the signature of this Protocol and to the date of its entry into force.
§ 2. The Provisional Depositary shall notify the Member States:
(a) Signatures of this Protocol and the deposit of instruments of ratification, acceptance, approval or accession;
(b) From the date on which this Protocol enters into force under Article 4,
and assumes the other functions of depositary, as set out in Part VII of the Vienna Convention of 23 May 1969 on the Law of Treaties.
Article 3
Signature, ratification, acceptance, approval, accession
§ 1. This Protocol shall remain open for signature by Member States until 31 December 1999. This signature is made in Bern, with the Provisional Depositary.
§ 2. In accordance with Article 20, § 1, of COTIF 1980, this Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited as soon as possible with the Provisional Depositary.
§ 3. Member States that have not signed this Protocol within the time limit provided for in § 1, as well as States whose application for accession to COTIF 1980 has been granted full right in accordance with Article 23, § 2, may, before the entry into force of this Protocol, accede to it by depositing an instrument of accession with the Provisional Depositary.
§ 4. The accession of a State to COTIF 1980 in accordance with Article 23, whose application was made after the opening for signature of this Protocol, but before its entry into force, applies both to COTIF 1980 and to the Convention in the content of the Annex to this Protocol.
Article 4
Entry into force
§ 1. This Protocol enters into force on the first day of the third month following that during which the Provisional Depositary has notified the Member States of the deposit of the instrument by which the conditions of Article 20, § 2, of COTIF 1980 are fulfilled. The States, which, at the time of the decision of the fifth General Assembly, were Member States, as defined in article 20, paragraph 2, were States, and were still, at the time when the conditions for the entry into force of this Protocol were met.
§ 2. However, Article 3 applies from the beginning to the signature of this Protocol.
Article 5
Statements and reservations
The declarations and reservations, as provided in Article 42, § 1, of the Convention in the content of the Annex to this Protocol, may be made or emitted at any time, even before the entry into force of this Protocol. They shall take effect at the time of the 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 to:
(a) To designate the members of the Administrative Committee for the next period (Article 14, § 2, letter b, of the COTIF in the content of the Annex to this Protocol) and, if necessary, to decide on the termination of the terms of reference of the Administrative Committee on duty;
(b) Determine, by six-year period, the maximum amount that can be achieved by the Organization during each budget period (Article 14, § 2, letter e, of COTIF in the content of the annex to this Protocol), and
(c) To proceed, where appropriate, to the election of the Secretary-General (Article 14, § 2, letter c, of COTIF in the content of the annex to this Protocol).
§ 2. No later than three months after the entry into force of this Protocol, the Secretary-General of OTIF shall convene the Technical Experts Commission.
§ 3. After the entry into force of this Protocol, the terms of reference of the Administrative Committee, determined in accordance with Article 6, § 2 (b) of COTIF 1980, shall expire on the date fixed by the General Assembly, which shall coincide with the beginning of the term of the members and alternate members of the Administrative Committee designated by it (Article 14, § 2, letter (b), of COTIF in the content of the annex to this Protocol).
§ 4. The term of office of the Director General of the Central Office, as determined at the time of entry into force of this Protocol, shall expire on the expiry of the period for which it was appointed in accordance with Article 7, § 2, letter d, of COTIF 1980. From the time of entry into force of this Protocol, it shall serve as Secretary-General.
§ 5. Even after the entry into force of this Protocol, the relevant provisions of Articles 6, 7 and 11 of COTIF 1980 remain applicable with respect to:
(a) Audit and approval of the Organization's annual accounts;
(b) The determination of final contributions from Member States to the expenses of the Organization;
(c) Payment of contributions;
(d) The maximum amount that can be achieved by the Organization during a five-year period, established prior to the entry into force of this Protocol.
Letters from a to c refer to the year in which this Protocol comes into force as well as to the year preceding this year.
§ 6. The final contributions of the Member States, due for the year in which this Protocol comes into force, are calculated on the basis of Article 11, § 1, of COTIF 1980.
§ 7. At the request of the Member State whose contribution calculated under Article 26 of the Convention in the content of the Annex to this Protocol is greater than that due for 1999, the General Assembly may determine the contribution of that State for the three years following the year of entry into force of this Protocol, taking into account the following principles:
(a) The basis for determining the transitional contribution is the minimum contribution referred to in Article 26, § 3, referred to or the contribution due for the year 1999 if it is greater than the minimum contribution;
(b) The contribution is gradually adjusted in three stages to arrive at the amount of the final contribution calculated under the above-mentioned section 26. This provision does not apply to Member States that are liable for the minimum contribution that, in any event, remains due.
§ 8. Contracts for the carriage of passengers or goods in international traffic between Member States, concluded under uniform rules CIV 1980 or uniform rules CIM 1980, shall remain subject to the uniform rules in force at the time of the conclusion of the contract even after the entry into force of this Protocol.
§ 9. The binding provisions of CUV uniform rules and uniform rules YES apply to contracts entered into before this Protocol comes into force one year after its entry into force.
Article 7
Texts of the Protocol
§ 1. This Protocol shall be concluded and signed in French, German and English. In the event of a discrepancy, only the French text is authentic.
§ 2. On the proposal of one of the Member States concerned, the Organization publishes official translations of this Protocol in other languages, since one of these languages is an official language in the territory of at least two Member States. These translations are prepared in cooperation with the relevant services of the member States concerned.
In faith, the undersigned plenipotentiaries duly authorized by their respective Governments have signed this Protocol.
Done at Vilnius on 3 June 1999, in a single original copy in each French, German and English language; these copies remain deposited in the OTIF archives. Certified true copies will be given to each Member State.
A N N E X E
CONVENTION ON RAILABLE INTERNATIONAL CARRIAGE (COTIF) OF 9 MAY 1980 IN THE PROTOCOL OF MODIFICATION OF 3 JUNE 1999
Article 1
Intergovernmental Organization
§ 1. The Parties to this Convention shall, as member States, constitute the Intergovernmental Organization for International Carriage by Rail (OTIF), as referred to as the "Organization".
§ 2. The Organization's headquarters is in Bern. The General Assembly may decide to fix it to another place located in one of the Member States.
§ 3. The Organization has a legal personality. In particular, it has the capacity to contract, acquire and dispose of real estate and furniture as well as to prosecute.
§ 4. The Organization, its staff, the experts to whom it appeals and the representatives of the Member States shall enjoy the privileges and immunities necessary to fulfil their mission, under the conditions set out in the Protocol on the Privileges and Immunities of the Organization, annexed to the Convention.
§ 5. The relations between the Organization and the state of the siege are settled in a siege agreement.
§ 6. The working languages of the Organisation are French, German and English. The General Assembly may introduce other working languages.
Article 2
Purpose of the Organization
§ 1. The purpose of the Organization is to promote, improve and facilitate international rail traffic in any way, including:
(a) By establishing uniform legal regimes in the following legal areas:
1. Contract for the carriage of passengers and goods in international direct rail traffic, including supplementary transport using other means of transport and subject to a single contract;
2. Contract concerning the use of vehicles as a means of transport in international rail traffic;
3. Contract for the use of infrastructure in international rail traffic;
4. Transport of dangerous goods in international rail traffic;
(b) By contributing, taking into account the particular public interests, to the deletion, as soon as possible, of border crossings in international rail traffic, provided that the causes of these obstacles fall within the competence of States;
(c) By contributing to interoperability and technical harmonization in the railway sector through the validation of technical standards and the adoption of uniform technical requirements;
(d) By establishing a uniform procedure for the technical admission of railway equipment to be used in international traffic;
(e) Ensuring the implementation of all the rules and recommendations established within the Organization;
(f) By developing the uniform legal regimes, the rules and procedures referred to in the letters have to be taken into account legal, economic and technical developments.
§ 2. The Organization may:
(a) In the context of the purposes referred to in § 1 develop other uniform rules of law;
(b) Constitute a framework in which Member States can develop other international conventions aimed at promoting, improving and facilitating international rail traffic.
Article 3
International cooperation
§ 1. Member States undertake to concentrate, in principle, their international cooperation in the railway field within the Organization as long as there is coherence with the tasks assigned to it in accordance with Articles 2 and 4. To achieve this objective, the Member States will take all necessary and useful measures to ensure that the multilateral international conventions and agreements of which they are Contracting Parties are adapted, provided that these conventions and agreements relate to international cooperation in the railway field and transfer to other intergovernmental or non-governmental organizations competences that overlap with the tasks assigned to the Organization.
§ 2. The obligations resulting from § 1 for the Member States, which are also Members of the European Communities or States Parties to the European Economic Area Agreement, do not prevail over their obligations as Members of the European Communities or States Parties to the European Economic Area Agreement.
Article 4
Resuming and transfer of assignments
§ 1. Upon a decision by the General Assembly, the Organization is authorized to resume, in accordance with the purposes set out in Article 2, the powers, resources and obligations that would be transferred to it by other intergovernmental organizations under agreements with those organizations.
§ 2. The Organization may, by decision of the General Assembly, transfer to other intergovernmental organizations powers, resources and obligations under agreements with those organizations.
§ 3. The Organization may, with the approval of the Administrative Committee, carry out administrative functions related to its purposes and entrusted to it by a Member State. The expenses of the Organization for these functions are borne by the Member State concerned.
Article 5
Special obligations of member States
§ 1. Member States agree to adopt all appropriate measures to facilitate and accelerate international rail traffic. To this effect, each Member State undertakes, to the extent possible, to:
(a) Eliminate any unnecessary procedure;
(b) Simplify and standardize the formalities still required;
(c) Simplify border controls.
§ 2. In order to facilitate and improve international rail traffic, the Member States agree to lend their assistance to seek the greatest possible uniformity in the regulations, standards, procedures and organizational methods for railway vehicles, railway personnel, railway infrastructure and auxiliary services.
§ 3. Member States agree to facilitate the conclusion of agreements between infrastructure managers to optimize international rail traffic.
Article 6
Uniform rules
§ 1. International rail traffic and the admission of railway equipment to international traffic use are governed, provided that declarations or reservations have not been made or issued in accordance with Article 42, § 1, first sentence, by:
(a) The "uniform rules concerning the contract for international rail passenger transport (CIV)" forming Appendix A to the Convention;
(b) The "uniform rules concerning the contract for international rail transport of goods (CIM)" forming Appendix B to the Convention;
(c) The "regulation on international rail transport of dangerous goods (RID)" forming Appendix C to the Convention;
(d) The "uniform rules on contracts for the use of vehicles in international rail traffic (CUV)" forming Appendix D to the Convention;
(e) The "uniform rules concerning the contract for the 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 requirements for rail equipment intended for use in international traffic (APTU)" forming Appendix F to the Convention;
(g) The "uniform rules concerning the technical admission of railway equipment used in international traffic (ATMF)" forming Appendix G to the Convention;
(h) Other uniform legal regimes developed by the Organization under Article 2, § 2, letter a, also forming appendices to the Convention.
§ 2. Uniform rules, regulations and regimes listed in § 1, including their annexes, are an integral part of the Convention.
Article 7
Definition of the concept "Convention"
In the following provisions, the term "Convention" covers the Convention itself, the Protocol referred to in Article 1, § 4, and the appendices referred to in Article 6, including their annexes.
Article 8
National law
§ 1. In the interpretation and application of the Convention, it will be taken into account its character of international law and the need to promote uniformity.
§ 2. If there is no provision in the Convention, national law is applicable.
§ 3. National law means the right of the State to which the rightful person asserts his rights, including the rules relating to conflicts of laws.
Article 9
Account Unit
§ 1. The account unit provided for in the appendices is the special drawing fee as defined by the International Monetary Fund.
§ 2. The value, in special drawing law, of the national currency of a Member State that is also a member of the International Monetary Fund is calculated using the method applied by the International Monetary Fund for its own transactions and transactions.
§ 3. The value of the national currency of a Member State which is not a member of the International Monetary Fund shall be calculated in the manner determined by that State. This calculation must express in national currency a real value as close as possible to that which would result from the application of § 2.
§ 4. For a Member State that is not a member of the International Monetary Fund, whose legislation does not permit the application of § 2 or § 3, the unit of account provided for in the appendices is considered to be equal to three gold francs. The gold franc is defined by 10/31 of gram of gold under 0,900. The conversion of gold must express. in national currency a real value as close as possible to that which would result from the application of § 2.
§ 5. States, within three months after the implementation of the Convention and whenever a change occurs in their method of calculation or in the value of their national currency in relation to the unit of account, communicate to the Secretary General their method of calculation in accordance with § 3 or the results of the conversion in accordance with § 4. The latter notifies this information to other Member States.
§ 6. An amount expressed in account units is converted to the national currency of the State of the court 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 by the parties.
Article 10
Additional provisions
§ 1. Two or more Member States or two or more carriers may agree on additional provisions for the performance of CIV uniform rules and CIM uniform rules without being able to derogate from these uniform rules.
§ 2. The additional provisions referred to in § 1 shall be implemented and published in the forms prescribed by the laws and requirements of each State. The complementary provisions of the States and their implementation shall be communicated to the Secretary General of the Organization. It notifies this information to other Member States.
Article 11
Judicial guarantee
The deposit to be provided to ensure the payment of costs cannot be required on the occasion of judicial actions based on uniform rules CIV, uniform rules CIM, uniform rules CUV or uniform rules CUI.
Article 12
Execution of judgments. - Saisies
§ 1. When the judgments made under the provisions of the Convention, contradictoryly or by default, by the competent judge, have become enforceable according to the laws applied by that judge, they acquire enforceable force in each of the other Member States after the completion of the formalities prescribed in the State where the execution is to take place. Revision of the merits of the case is not allowed. These provisions also apply to judicial transactions.
§ 2. § 1 does not apply to judgments that are enforceable only on an interim basis, or to convictions for damages that would be pronounced, in addition to costs, against an applicant because of the rejection of his application.
§ 3. Claims arising from a transport subject to uniform rules CIV or to uniform rules CIM, for the benefit of a transport company on another transport company that does not fall within the same Member State, may only be seized by a judgment rendered by the judicial authority of the Member State to which the undertaking holder of the claims to be seized.
§ 4. Claims arising out of a contract subject to CUV uniform rules or uniform rules ISC may only be seized by virtue of a judgment rendered by the judicial authority of the Member State to which the business owner of the claims to be seized.
§ 5. Rail vehicles may only be seized on a territory other than that of the Member State in which the holder has his head office, by virtue of a judgment rendered by the judicial authority of that State. The term "holder" means a railway vehicle that operates economically, in a sustainable manner, as a means of transport, whether it owns it or has the right to dispose of it.
Article 13
Organs
§ 1. The operation of the Organization is carried out by the following bodies:
(a) The General Assembly;
(b) The Administrative Committee;
(c) The Review Commission;
(d) The Committee of Experts on the Transport of Dangerous Goods ( RID Committee of Experts);
(e) The Railway Facilitation Commission;
(f) The Commission of Technical Experts;
(g) The Secretary-General.
§ 2. The General Assembly may decide to establish other committees on a temporary basis for specific tasks.
§ 3. When determining the quorum in the General Assembly and the committees referred to in § 1, letters c to f, the Member States that do not have the right to vote (art. 14, § 5, art. § 7, or art. 40, § 4) are not taken into account.
§ 4. The presidency in the General Assembly, the chair in the Administrative Committee and the function of Secretary-General must, in principle, be attributed to nationals of different Member States.
Article 14
General Assembly
§ 1. The General Assembly is composed of all Member States.
§ 2. The General Assembly:
(a) Abolish its rules of procedure;
(b) Describes the members of the Administrative Committee as well as an alternate member for each of them and elects the Member State who will chair it (arts. 15, paras. 1-3);
(c) Eliminates the Secretary-General (art. 21, para. 2);
(d) Provides guidance on the activity of the Administrative Committee and the Secretary-General;
(e) Fixes, by six-year period, the maximum amount that can be achieved by the Organization during each budget period (art. 25); failing that, for a period not exceeding six years, it shall issue directives relating to the limitation of such expenses;
(f) Decide whether the seat of the Organization is fixed at another place (art. 1, para. 2);
(g) Decide on the introduction of other working languages (art. 1, para. 6);
(h) Decide on the resumption of other powers by the Organization (art. 4, para. 1) and the transfer of the assignments of the Organization to another intergovernmental organization (art. 4, para. 2);
(i) Decides, where appropriate, the temporary establishment of other commissions for specific tasks (art. 13, § 2);
(j) Consider whether the attitude of a State must be considered a tacit denunciation (art. 26, para. 7);
(k) Decides to entrust the execution of the audit to another Member State other than the State of siege (art. 27, § 1);
(l) Decides proposals to amend the Convention (arts. 33, paras. 2 and 3);
(m) Decide on applications for membership submitted to it (art. 37, para. 4);
(n) Decide on the conditions of accession of a regional economic integration organization (art. 38, § 1);
(o) Decide on applications for association submitted to it (art. 39, § 1);
(p) Decide on the dissolution of the Organization and the possible transfer of its powers to another intergovernmental organization (art. 43);
(q) Decide on other items on the agenda.
§ 3. The Secretary General shall summon the General Assembly once every three years or at the request 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 Article 37, § 4. It shall address to the Member States the draft agenda, no later than three months before the opening of the session, in the conditions defined by the rules of procedure referred to in § 2, letter a.
§ 4. In the General Assembly, the quorum (art. 13, para. 3) is reached when the majority of the Member States are represented. A Member State may be represented by another Member State; However, a State can no longer represent another State.
§ 5. In the event of a vote by the General Assembly concerning amendments to the appendices to the Convention, the Member States that have made, in accordance with Article 42, § 1, the first sentence, a statement to the relevant appendix do not have the right to vote.
§ 6. The General Assembly shall make its decisions by a majority of the Member States represented in the voting except in the cases of § 2, letters e, f, g, h, l and p, and in the case of article 34, § 6, for which the majority of the two-thirds is required. However, in the case of § 2, letter l, a two-thirds majority is required only when it comes to proposals to amend the Convention itself, with the exception of Articles 9 and 27, § 2 to 10, as well as the Protocol referred to in Article 1 § 4.
§ 7. At the invitation of the Secretary-General, in accordance with the majority of Member States:
(a) States not members of the Organization;
(b) International organizations and associations, competent for matters relating to the activities of the Organization or dealing with issues on the agenda,
may participate, with an advisory vote, in the sessions of the General Assembly.
Article 15
Administrative Committee
§ 1. The Administrative Committee consists of one third of the Member States.
§ 2. The members of the Committee and an alternate member for each of them as well as the Member State that chairs are designated for three years. The composition of the Committee is determined for each period, taking into account, inter alia, equitable geographical distribution. An alternate member who became a member of the Committee during a period of time must be designated as a member of the Committee for the following period.
§ 3. In the event of a vacancy, suspension of the right to vote of a member or absence of a member at two consecutive sessions of the Committee, without being represented by another member in accordance with § 6, the alternate member designated by the General Assembly shall perform the functions of the Committee for the remainder of the period.
§ 4. Abstract from the case referred to in § 3, no member State may be a member of the Committee for more than two consecutive and entire periods.
§ 5. The Committee:
(a) Abolish its rules of procedure;
(b) Concludes the seat agreement;
(c) Abolish the status of the staff of the Organization;
(d) Name, taking into account the competence of candidates and equitable geographical distribution, senior officials of the Organization;
(e) A regulation concerning the financial and accounting of the Organization;
(f) Approves the work programme, the budget, the management report and the accounts of the Organization;
(g) Fixes, on the basis of the approved accounts, the final contributions due by the Member States in accordance with Article 26 for the two calendar years elapsed, as well as the amount of the cash advance due by the Member States in accordance with Article 26, § 5 for the current year and for the following calendar year;
(h) Determines the powers of the Organization which concern all Member States or only a few of the Member States and the expenses to be borne, accordingly, by these Member States (art. 26, para. 4);
(i) Fixes the amount of specific remuneration (art. 26, para. 11);
(j) Provides special audit guidelines (art. 27 (1));
(k) Approves the management of administrative functions by the Organization (art. 4, para. 3) and sets out the specific contributions due by the Member State concerned;
(l) Communicate to member States the management report, the statement of accounts and its decisions and recommendations;
(m) To delete and communicate to the Member States, with a view to the General Assembly responsible for determining its composition, no later than two months before the opening of the session, a report on its activity and proposals for its renewal (art. 14, para. 2, letter (b);
(n) Monitoring the management of the Secretary-General;
(o) Ensures the effective implementation by the Secretary-General of the Convention and the execution by the Secretary-General of decisions taken by other bodies; To this end, the Committee may take all measures to improve the implementation of the Convention and the above-mentioned decisions;
(p) Gives reasoned advice on matters that may be of interest to the work of the Organization and which are submitted to it by a Member State or by the Secretary-General;
(q) Arranges disputes between a Member State and the Secretary-General with regard to his office as depositary (art. 36, para. 2);
(r) Decide on requests for suspension of membership (art. 40).
§ 6. In the Committee, the quorum is reached when two thirds of its members are represented. A member may be represented by another member; However, a member can no longer represent another member.
§ 7. The Committee shall make its decisions by a majority of the members represented in the voting.
§ 8. Unless otherwise decided, the Committee shall meet at the headquarters of the Organization. Minutes of sessions are sent to all Member States.
§ 9. The Chair of the Committee:
(a) Calls on the Committee at least once a year and at the request of four of its members or the Secretary-General;
(b) Address to Committee members the draft agenda;
(c) Address, within the limits and conditions set out in the Committee ' s rules of procedure, urgent issues raised during the sessions;
(d) Signs the headquarters agreement provided for in § 5, letter b.
§ 10. The Committee may, within the limits of its own competence, entrust the Chair with certain specific tasks.
Article 16
Commissions
§ 1. The commissions referred to in Article 13, § 1, letters c to f and § 2 shall be composed in principle of all Member States. When the Review Committee, the RID Committee of Experts or the Commission of Technical Experts shall delibrate and decide, within the framework of their competence, amendments to the appendices to the Convention, the Member States that have made, in accordance with Article 42, § 1, first sentence, a declaration concerning the appendices concerned shall not be members of the Commission relating thereto.
§ 2. The Secretary-General shall convene the committees either on his own initiative or at the request of five member States or at the request of the Administrative Committee. The Secretary-General shall address the draft agenda to Member States no later than two months before the opening of the session.
§ 3. A Member State may be represented by another Member State; However, a State cannot represent more than two other States.
§ 4. Each Member State represented shall be entitled to one vote. A proposal was adopted if the number of positive votes was:
(a) At least one third of the number of Member States represented in the voting process and
(b) Increased number of negative voices.
§ 5. At the invitation of the Secretary-General, in accordance with the majority of Member States,
(a) States not members of the Organization;
(b) Member States, however, that are not members of the commissions concerned;
(c) International organizations and associations, competent for matters relating to the activities of the Organization or dealing with issues on the agenda,
may participate, with an advisory vote, in the sessions of the Commissions.
§ 6. The Commissions shall elect for each session or for a specified period a Chair and one or more Vice-Chairpersons.
§ 7. The deliberations take place in the working languages. The presentations made in one of the working languages are translated in substance into other working languages, proposals and decisions are translated in full.
§ 8. The minutes summarize the deliberations. Proposals and decisions are reproduced in full. With regard to decisions, only the French text is authentic. Minutes are transmitted to all Member States.
§ 9. Commissions may establish working groups to deal with specific issues.
§ 10. The commissions have rules of procedure.
Article 17
Review Committee
§ 1. The Review Committee:
(a) Decides, in accordance with article 33, paragrahe 4, proposals to amend the Convention;
(b) Consider the proposals to be submitted for decision, in accordance with Article 33, § 2, to the General Assembly.
§ 2. At the Review Commission, the quorum (art. 13, para. 3) is reached when the majority of the Member States are represented.
Article 18
RID Committee of Experts
§ 1. The RID Committee of Experts decides, in accordance with Article 33, § 5, proposals to amend the Convention.
§ 2. At the RID Committee of Experts, the quorum (art. 13, § 3) is reached when a third of the Member States are represented there.
Article 19
Commission on Rail Facilitation
§ 1. The Railway Facilitation Commission:
(a) Decides on all issues aimed at facilitating border crossings in international rail traffic;
(b) Recommends standards, methods, procedures and practices related to railway facilitation.
§ 2. At the Railway Facilitation Commission, the quorum (art. 13, para. 3) is reached when a third of the Member States are represented.
Rule 20
Technical Expert Commission
§ 1. The Technical Expert Commission:
(a) Decides, in accordance with Article 5 of the APTU uniform rules, the validation of a technical standard for railway equipment intended for use in international traffic;
(b) Decides, in accordance with Article 6 of the APTU uniform rules, that a uniform technical limitation be adopted with respect to the construction, operation, maintenance or procedure for railway equipment intended for use in international traffic;
(c) Ensures the application of uniform technical standards and technical requirements for rail equipment intended for use in international rail traffic and reviews their development for validation or adoption in accordance with the procedures provided for in Articles 5 and 6 of the APTU Uniform Rules;
(d) Decides, in accordance with Article 33, § 6, proposals to amend the Convention;
(e) All other cases assigned to it in accordance with the APTU uniform rules and the ATMF uniform rules.
§ 2. At the Commission of Technical Experts, the quorum (art. 13, § 3) is reached when half of the Member States within the meaning of Article 16, § 1, are represented. When making decisions concerning the provisions of the Annexes to the Uniform Rules APTU, the Member States that made an objection, in accordance with Article 35, § 4, with respect to the provisions concerned or made a declaration, in accordance with Article 9, § 1 of the Uniform Rules APTU, do not have the right to vote.
§ 3. The Technical Expert Commission may either validate technical standards or adopt uniform technical requirements or refuse to validate or adopt them; it can in no case modify them.
Article 21
Secretary-General
§ 1. The Secretary-General shall serve as the secretariat of the Organization.
§ 2. The Secretary-General is elected by the General Assembly for a period of three years, renewable to a maximum of two times.
§ 3. The Secretary-General shall, inter alia:
(a) Assume the functions of depositary (art. 36);
(b) Representing the Organization outside;
(c) Communicate the decisions taken by the General Assembly and by the committees to the Member States (art. 34, § 1; Article 35 (1);
(d) carry out the tasks entrusted to it by the other organs of the Organization;
(e) Instruct the proposals of Member States to amend the Convention by using, where appropriate, the assistance of experts;
(f) Convene the General Assembly and the committees (art. 14, para. 3; art. 16, § 2);
(g) Providing timely documentation to member States for the sessions of the various bodies;
(h) Develop the work programme, budget proposal and management report of the Organization and submit them for approval to the Administrative Committee (art. 25);
(i) Manage the Organization's finances within the approved budget;
(j) At the request of one of the parties in question, by providing its good offices, to resolve disputes between them arising from the interpretation or application of the Convention;
(k) issue, at the request of all parties involved, a notice on disputes arising from the interpretation or application of the Convention;
(l) To assume the functions assigned to it by title V;
(m) Receive communications from Member States, international organizations and associations referred to in Article 16, § 5 and by companies (transporters, infrastructure managers, etc.) involved in international rail traffic and notify them, as appropriate, to other Member States, international organizations and associations as well as to companies;
(n) Exercising the direction of the staff of the Organization;
(o) Inform, in due course, Member States of any vacancy related to the Organization's posts;
(p) Keep up-to-date and publish the lists of lines referred to in Article 24.
§ 4. The Secretary-General may submit proposals to amend the Convention on his own initiative.
Article 22
Organization staff
The rights and obligations of the staff of the Organization shall be established by the Staff Regulations established by the Administrative Committee in accordance with Article 15, § 5, letter c.
Article 23
Bulletin
§ 1. The Organization shall issue a bulletin containing official communications as well as those necessary and useful for the implementation of the Convention.
§ 2. Communications to the Secretary-General under the Convention may, if any, be made in the form of a publication in the bulletin.
Article 24
Lists of lines
§ 1. The marine and inland navigation lines referred to in Articles 1st of the CIV uniform rules and the CIM uniform rules, on which transport is carried out, subject to a single contract of carriage, in addition to a rail transport, are listed on two lists:
(a) The list of marine and inland navigation lines CIV;
(b) The list of marine and inland navigation lines CIM.
§ 2. The railway lines of a Member State having issued 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 entered on two lists in accordance with this reservation:
(a) The list of railway lines CIV;
(b) List of CIM railway lines.
§ 3. Member States shall send to the Secretary-General their communications concerning the registration or delisting of lines referred to in § 1 and 2. The maritime and inland navigation lines referred to in § 1, to the extent that they link member states, are registered only after the agreement of these States; for the deletion of such a line, the communication of one of these States is sufficient.
§ 4. The Secretary General shall notify all Member States of the inclusion or delisting of a line.
§ 5. The carriage on the maritime and inland navigation lines referred to in § 1 and the transport on the railway lines referred to in § 2 shall be subject to the provisions of the Convention at the expiration of one month from the date of notification of registration by the Secretary-General. Such a line shall cease to be subject to the provisions of the Convention at the expiration of three months from the date of the notification of delisting by the Secretary-General, except in respect of ongoing transport, to be completed.
Rule 25
Programme of work,
budget, accounts, management report
§ 1. The work programme, budget and accounts of the Organization cover a period of two calendar years.
§ 2. The Organization shall, at least every two years, issue a management report.
§ 3. The Organization ' s expenditures are determined by the Administrative Committee for each budget period on the proposal of the Secretary-General.
Rule 26
Financing of expenditure
§ 1. Subject to § 2 to 4, the expenses of the Organization, not covered by other revenues, shall be borne by the Member States for two-fifths on the basis of the distribution key of the contributions of the United Nations system and for three-fifths proportionally to the total length of the railway infrastructure as well as the maritime and inland navigation lines listed in accordance with Article 24, § 1. However, shipping and inland navigation lines are only counted for half of their lengths.
§ 2. When a Member State has issued 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 apply as follows:
(a) Instead of the total length of railway infrastructure in the territory of this Member State is taken into account only the length of the railway lines listed in accordance with Article 24, § 2;
(b) The share of the contribution according to the United Nations system is calculated on the prorated basis of the length of the lines entered in accordance with Article 24, § 1 and 2 in relation to the total length of the railway infrastructure in the territory of that Member State and that of the lines entered in accordance with Article 24, § 1; in no case may be less than 0.01 per cent.
§ 3. Each Member State shall bear at least 0.25 per cent and not more than 15 per cent of the contributions.
§ 4. The Administrative Committee shall determine the powers of the Organization that relate to:
(a) All Member States in an equal manner and the expenses which are borne by all Member States according to the formula referred to in § 1;
(b) Only a few of the Member States and the expenses that are borne by these Member States according to the same formula.
§ 3 applies by analogy. These provisions do not affect Article 4, § 3.
§ 5. Member States' contributions to the Organization's expenses are due in the form of cash advance payable in two instalments by 31 October of each of the two years covered by the budget. The cash advance is fixed on the basis of contributions from the previous two years definitively due.
§ 6. When sending the management report and the statement of accounts to Member States, the Secretary-General shall provide the final amount of the contribution of the two calendar years elapsed and the amount for the cash advance for the next two calendar years.
§ 7. After December 31 of the year of the Secretary-General's communication in accordance with § 6, the sums due for the past two calendar years are of interest to 5% year. If, one year after that date, a Member State has not paid its share, its right to vote is suspended until it has satisfied the obligation to pay. Upon the expiration of an additional two-year period, the General Assembly shall consider whether the attitude of that State must be regarded as a tacit denunciation of the Convention, setting, if any, the effective date.
§ 8. Contributions shall remain due in the case of denunciation under § 7 or Article 41 and in the case of suspension of the right to vote referred to in Article 40, § 4, letter b.
§ 9. Unrecovered amounts are covered by Organization resources.
§ 10. The Member State that has denounced the Convention may become a Member State by accession, provided that it has paid the amounts to which it is debtor.
§ 11. The Organization shall receive compensation to cover the special expenses resulting from the activities provided for in Article 21, § 3, letters j to l. In the cases provided for in Article 21, § 3, letters j and k, such remuneration shall be fixed by the Administrative Committee on the proposal of the Secretary-General; in the case provided for in Article 21, § 3, letter l, Article 31, § 3, shall apply.
Rule 27
Audit
§ 1. Unless otherwise decided by the General Assembly under Article 14, § 2, letter k, the audit shall be carried out by the State of siege according to the rules of this article and, subject to any special directives of the Administrative Committee, in accordance with the regulations concerning the finances and accounting of the Organization (Article 15, § 5, letter e).
§ 2. The auditor shall audit the accounts of the Organization, including all trust funds and special accounts, as it considers necessary to ensure:
(a) That the financial statements conform to the books and writings of the Organization;
(b) That the financial transactions reported to have been carried out in accordance with the rules and regulations, budgetary provisions and other directives of the Organization;
(c) That the values and cash deposited in a bank or in a credit union have been either verified by certificates directly received from depositaries or effectively counted;
(d) That internal controls, including internal audits, are adequate;
(e) That all assets and liabilities, as well as all surpluses and deficits, have been recorded in accordance with procedures that it considers satisfactory.
§ 3. The auditor is solely competent to accept, in whole or in part, the attestations and justifications provided by the Secretary-General. If it deems appropriate, it may conduct a detailed review and verification of any accounting document relating to financial transactions, supplies and equipment.
§ 4. The auditor has free access at any time to all books, scripts, accounting records and other information that the auditor considers necessary.
§ 5. The auditor is not competent to reject a specific section of the accounts, but it immediately draws the attention of the Secretary-General to any transaction that is questionable for regularity or opportunity to take appropriate action.
§ 6. The auditor submits and signs a statement on the financial statements in the following terms: "I have reviewed the Organization's financial statements for the fiscal period ending December 31,... The review included a general analysis of accounting practices and the control of accounting records and other evidence that I found necessary in the circumstances. This certificate states that:
(a) The financial statements satisfactorily reflect the financial situation on the expiry date of the period under review, as well as the results of the transactions carried out during the period ended on that date;
(b) The financial statements have been prepared in accordance with the accounting principles mentioned;
(c) The financial principles were applied in a manner consistent with those adopted during the previous budget period;
(d) Financial transactions were conducted in accordance with the rules and regulations, budgetary provisions and other directives of the Organization.
§ 7. In its financial transactions report, the auditor states:
(a) The nature and extent of the audit to which it conducted;
(b) The elements that relate to the completeness or accuracy of the accounts, including where applicable:
1. The information necessary for the correct interpretation and appreciation of the accounts;
2. Any amount that should have been perceived but that was not taken into account;
3. Any amount that has been the subject of a regular or conditional expense commitment and that has not been recorded or has not been accounted for in the financial statements;
4. Expenses in support of which there is not sufficient evidence;
5. Maintenance of proper books of accounts; cases where the material presentation of the financial statements differs from generally recognized and consistently applied accounting principles;
(c) Other issues that need to be called the attention of the Administrative Committee, for example:
1. Cases of fraud or presumption of fraud;
2. The improper waste or use of funds or other assets of the Organization (when the accounts for the transaction would be in good standing)
3. Expenditures that may subsequently result in considerable costs to the Organization;
4. Any defects, general or particular, of the system for the control of income and expenditure or supplies and equipment;
5. Expenses not in accordance with the intentions of the Administrative Committee, taking into account transfers duly authorized within the budget;
6. The overexpenditures, taking into account changes resulting from duly authorized transfers within the budget;
7. Expenses not in accordance with the authorities governing them;
(d) Accuracy or inaccuracy of records for supplies and equipment, based on the inventory and examination of books.
In addition, the report may refer to transactions that have been recorded during a previous budget period and to which new information has been obtained or transactions that must be made during a subsequent budget period and where it appears desirable to inform the Administrative Committee in advance.
§ 8. In no case shall the auditor include criticism in his report without prior explanation to the Secretary-General.
§ 9. The auditor shall communicate to the Administrative Committee and the Secretary-General the audit findings. It may also make any comments it considers appropriate with respect to the financial report of the Secretary-General.
§ 10. To the extent that the auditor has conducted a summary audit or has not obtained sufficient justification, the auditor must mention it in his or her certificate and report, specifying the reasons for his or her observations and the resulting consequences for the financial situation and recorded financial transactions.
Rule 28
Jurisdiction
§ 1. Disputes between Member States, arising from the interpretation or application of the Convention and disputes between Member States and the Organization, arising from the interpretation or application of the Protocol on Privileges and Immunities, may, at the request of one of the parties, be submitted to an arbitral tribunal. The parties freely determine the composition of the arbitral tribunal and the arbitral procedure.
§ 2. Other disputes arising from the interpretation or application of the Convention and other conventions elaborated by the Organization in accordance with Article 2, § 2, if they have not been settled by amicable or subject to the decision of ordinary courts, may, by agreement between the parties concerned, be submitted to an arbitral tribunal. Sections 29 to 32 apply for the composition of the arbitral tribunal and arbitral proceedings.
§ 3. Each State may, when applying for accession to the Convention, reserve the right not to apply all or part of § 1 and 2.
§ 4. The State which has issued a reservation under § 3 may waive it at any time by informing the depositary. This waiver shall take effect one month after the date on which the depositary shall so inform the Member States.
Rule 29
Compromise. - Registry
The parties conclude a specific compromise in particular:
(a) The subject matter of the dispute;
(b) The composition of the court and the agreed deadlines for the appointment of the arbitrator(s);
(c) The place agreed as a seat of the court.
The compromise must be communicated to the Secretary-General who is in the office of the Registry.
Rule 30
Arbitration
§ 1. A list of arbitrators is prepared and maintained by the Secretary-General. Each Member State may include two of its nationals on the list of arbitrators.
§ 2. The arbitral tribunal shall consist of one, three or five arbitrators, in accordance with the agreement. Arbitrators are selected from the persons listed in § 1. However, if the compromise provides for five arbitrators, each party may choose an arbitrator outside the list. If the compromise provides for a single arbitrator, the arbitrator shall be chosen jointly by the parties. If the compromise provides three or five arbitrators, each party shall select one or two arbitrators, as the case may be; they shall jointly designate the third or fifth arbitrator, who shall preside over the arbitral tribunal. In the event of disagreement between the parties on the appointment of the sole arbitrator or between the arbitrators chosen on that of the third or fifth arbitrator, the appointment shall be made by the Secretary-General.
§ 3. The sole arbitrator, the third or fifth arbitrator shall be of a nationality other than that of the parties, unless the parties are of the same nationality.
§ 4. The intervention in the dispute of a third party remains without effect on the composition of the arbitral tribunal.
Rule 31
Procedure. - Fees
§ 1. The arbitral tribunal shall decide on the procedure to be followed, taking into account, inter alia, the following provisions:
(a) He investigates and judges the causes based on the elements provided by the parties, without being bound, when he is called to say the law, by the interpretations of them;
(b) It may not give more or more than what is requested in the plaintiff's conclusions, nor less than what the respondent recognized as due;
(c) The arbitral award, duly substantiated, is drafted by the arbitral tribunal and notified to the parties by the Secretary-General;
(d) Except as otherwise provided in law, where the arbitral tribunal sits, and subject to the contrary agreement of the parties, the arbitral award is final.
§ 2. The fees of the arbitrators shall be determined by the Secretary-General.
§ 3. The arbitral award sets the costs and costs and decides on their distribution between the parties and the fees of the arbitrators.
Rule 32
Prescription. - Executive force
§ 1. The implementation of the arbitral procedure has, as to the interruption of the limitation, the same effect as that provided by the material law applicable to the introduction of the action before the ordinary judge.
§ 2. The award of the arbitral tribunal acquires enforceable force in each of the Member States after the completion of the formalities prescribed in the State where the execution must take place. Revision of the merits of the case is not allowed.
Rule 33
Jurisdiction
§ 1. The Secretary-General shall forthwith bring to the attention of the Member States the proposals to amend the Convention which were addressed to him by the Member States or which he himself has prepared.
§ 2. The General Assembly decides on proposals to amend the Convention as long as § 4 to 6 do not provide for another jurisdiction.
§ 3. Seizure of a proposed amendment, the General Assembly may decide, by a majority, as provided for in Article 14, § 6, that such a proposal has a narrow connexity with one or more provisions of the appendices to the Convention. In this case, as well as in the cases referred to in paragraphs 4 to 6, second sentences, the General Assembly is also empowered to decide on the amendment of this or these provisions of the appendices.
§ 4. Subject to the decisions of the General Assembly taken in accordance with § 3, first sentence, the Review Committee shall decide on proposals to amend the following:
(a) Articles 9 and 27, paragraphs 2 to 10;
(b) Uniform rules CIV, except articles 1, 2, 5, 6, 16, 26 to 39, 41 to 53 and 56 to 60;
(c) Uniform rules CIM, 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) CUV uniform rules, except articles 1st, 4, 5 and 7 to 12;
(e) Uniform rules YES, except articles 1, 2, 4, 8 to 15, 17 to 19, 21, 23 to 25;
(f) Uniform rules APTU, with the exception of articles 1st, 3 and 9 to 11 and the annexes to these Uniform Rules;
(g) Uniform rules ATMF, with the exception of sections 1st, 3 and 9.
When proposals for amendments are submitted to the Review Committee in accordance with letters a to g, one third of the States represented in the Commission may require that these proposals be submitted to the General Assembly for decision.
§ 5. The RID Committee of Experts decides on proposals to amend the Regulation concerning the International Carriage of Dangerous Goods (RID). When such proposals are submitted to the RID Committee of Experts, one third of the States represented in the Commission may require that these proposals be submitted to the General Assembly for decision.
§ 6. The Technical Expert Commission decides on proposals to amend the annexes to the APTU Uniform Rules. When such proposals are submitted to the Commission of Technical Experts, one third of the States represented in the Commission may require that these proposals be submitted to the General Assembly for decision.
Rule 34
Decisions of the General Assembly
§ 1. The amendments to the Convention decided by the General Assembly are notified by the Secretary-General to the Member States.
§ 2. The amendments to the Convention itself, decided by the General Assembly, come into force, twelve months after their approval by two thirds of the Member States, for all Member States, with the exception of those who, before their entry into force, made a declaration under which they do not approve the amendments.
§ 3. The amendments to the appendices to the Convention, decided by the General Assembly, come into force, twelve months after their approval by half of the States that have not made a declaration in accordance with Article 42, § 1, first sentence, for all Member States except those that, before their entry into force, have made a declaration under which they do not approve the said amendments and those that have made a declaration in accordance with § 1,
§ 4. Member States shall notify the Secretary-General of their notifications regarding the approval of the amendments to the Convention decided by the General Assembly and their statements under which they do not approve these amendments. The Secretary-General shall inform the other Member States.
§ 5. The period referred to in paragraphs 2 and 3 shall be effective on the day of the notification of the Secretary-General that the conditions for the entry into force of the amendments shall be met.
§ 6. The General Assembly may specify, at the time of the adoption of an amendment, that it is of such scope that any Member State that has made a declaration referred to in § 2 or § 3 and that has not approved the amendment within the period of eighteen months from the date of its entry into force shall cease, at the expiry of that period, to be a Member State of the Organization.
§ 7. Where the decisions of the General Assembly relate to the appendices to the Convention, the application of the appendix concerned shall be suspended, in its entirety, from the date of the entry into force of the decisions, for the traffic with and between the Member States which have opposed, in accordance with § 3, to the decisions within the time constraints of the Convention. The Secretary-General shall notify the Member States of the suspension; it ends on the expiration of one month from the date on which the Secretary-General notified other Member States of the lifting of the opposition.
Rule 35
Committee decisions
§ 1. The amendments to the Convention, decided by the Committees, are notified by the Secretary-General to the Member States.
§ 2. The amendments to the Convention itself, decided by the Review Commission, shall enter into force for all Member States on the first day of the twelfth month following that in which the Secretary-General notified them to the Member States. Member States may make an objection within four months of the date of notification. If a quarter of the Member States object, the amendment shall not enter into force. If a Member State formulates an objection against a decision of the Review Board within four months and denounces the Convention, the denunciation shall take effect on the date provided for the entry into force of that decision.
§ 3. The amendments to the appendices to the Convention, decided by the Revision Commission, shall enter into force for all Member States on the first day of the twelfth month following that in which the Secretary-General notified them to the Member States. The amendments decided by the RID Committee of Experts or by the Commission of Technical Experts come into force for all Member States on the first day of the sixth month following that in which the Secretary-General notified them to the Member States.
§ 4. Member States may make an objection within four months of the day of the notification referred to in § 3. In the event of an objection by a quarter of the Member States, the amendment shall not enter into force. In the Member States that have made an objection to a decision within the time limits, the application of the appendix concerned is suspended, in its entirety, for trafficking with and between the Member States from the time the decisions take effect. However, in the event of an objection to the validation of a technical norm or against the adoption of a uniform technical prescription, only those are suspended with respect to the traffic with and between the Member States from the time the decisions take effect; the same is true in the event of partial objection.
§ 5. The Secretary-General shall inform the Member States of the suspensions referred to in § 4; suspensions shall be lifted at the expiration of one month from the day on which the Secretary-General has notified other Member States of the withdrawal of such objection.
§ 6. For the determination of the number of objections provided for in § 2 and 4, Member States shall not be taken into account which:
(a) Do not have the right to vote (art. 14, § 5, art. 26, § 7, or art. 40, § 4);
(b) are not members of the Commission concerned (art. 16, § 1, second sentence);
(c) A statement was made in accordance with Article 9, § 1, of the APTU Uniform Rules.
Rule 36
Depositary
§ 1. The Secretary-General is the depositary of this Convention. Its functions as depositary are those set out in Part VII of the Vienna Convention of 23 May 1969 on the Law of Treaties.
§ 2. Where a discrepancy arises between a Member State and the depositary with respect to the performance of the functions of the latter, the depositary or the Member State concerned shall bring the matter to the attention of the other Member States or, where appropriate, submit it to the decision of the Administrative Committee.
Rule 37
Accession to the Convention
§ 1. The accession to the Convention is open to each State in whose territory a railway infrastructure is operated.
§ 2. A State wishing to accede to the Convention shall apply to the depositary. The depositary shall communicate it to the Member States.
§ 3. The application shall be admitted in full law three months after the communication referred to in § 2, except as filed with the depositary by five Member States. The depositary shall promptly notify the requesting State and the Member States. Membership takes effect on the first day of the third month following this notice.
§ 4. In the event of opposition of at least five Member States within the period provided for in § 3, the application for membership shall be submitted to the General Assembly which decides.
§ 5. Subject to Article 42, any accession to the Convention may be limited to the Convention in its version in force at the time of the accession.
Rule 38
Membership of regional economic integration organizations
§ 1. Accession to the Convention is open to regional economic integration organizations with jurisdiction to adopt their legislation that is mandatory for their members, in the matters covered by this Convention and of which one or more member States are members. The conditions for such accession are defined in an agreement between the Organization and the regional organization.
§ 2. The regional organization may exercise the rights of its members under the Convention to the extent that they cover matters within its competence. This is the same for the obligations of Member States under the Convention, notwithstanding the financial obligations referred to in Article 26.
§ 3. For the exercise of the right to vote and the right of objection provided for in Article 35, § 2 and 4, the regional organization has a number of votes equal to that of its members who are also Member States of the Organization. They may exercise their rights, including voting, only to the extent permitted in § 2. The regional organization does not have the right to vote with respect to title IV.
§ 4. To end the membership, section 41 applies by analogy.
Rule 39
Associated members
§ 1. Any State in whose territory a railway infrastructure is operated may become an associate member of the Organization. Article 37, § 2 to 5, applies by analogy.
§ 2. An associate member may participate in the work of the bodies referred to in Article 13, § 1, letters a and c to f, only with an advisory voice. An associate member may not be appointed as a member of the Administrative Committee. It contributes to the expenses of the Organization with 0.25% of the contributions (art. 26, para. 3).
§ 3. To put an end to the quality of an associate member, section 41 applies by analogy.
Rule 40
Suspension of membership quality
§ 1. A Member State may request, without denouncing the Convention, a suspension of its membership of the Organization, where no international rail traffic is carried out in its territory for reasons not attributable to that Member State.
§ 2. The Administrative Committee decides on a request to suspend membership. The request should be made to the Secretary-General no later than 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 date of notification of the Secretary-General to the States members of the decision of the Administrative Committee. The suspension of membership ends with the notification by the Member State of the resumption of international rail traffic on its territory. The Secretary-General shall, without delay, notify the other Member States.
§ 4. The suspension of membership quality is as follows:
(a) To exempt the Member State from its obligation to contribute to the financing of the expenses of the Organization;
(b) To suspend the right to vote in the organs of the Organization;
(c) To suspend the right of objection under Article 34, § 2 and 3, and Article 35, § 2 and 4.
Rule 41
Waiver of the Convention
§ 1. The Convention may, at any time, be denounced.
§ 2. Any Member State wishing to make a denunciation shall notify the depositary. The denunciation takes effect on December 31 of the following year.
Rule 42
Statements and reservations to the Convention
§ 1. Each Member State may declare at any time that it will not apply in their entirety certain appendices to the Convention. In addition, reservations and declarations not to apply certain provisions of the Convention itself or its appendices shall be allowed only if such reservations and declarations are expressly provided for in the provisions themselves.
§ 2. Reservations or declarations are addressed to the depositary. They take effect when the Convention comes into force for the State concerned. Any statement made after this entry into force takes effect on December 31 of the year following that declaration. The depositary shall inform the Member States.
Rule 43
Dissolution of the Organization
§ 1. The General Assembly may decide on the dissolution of the Organization and the possible transfer of its powers to another intergovernmental organization by setting, where appropriate, the conditions for such transfer with that organization.
§ 2. In the event of the dissolution of the Organization, its assets and assets are attributed to the Member States that have been members of the Organization, without interruption, during the last five calendar years preceding that of the decision under § 1, this proportionately to the average rate of the percentage to which they contributed to the expenses of the Organization during the previous five years.
Rule 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 the contracts submitted to the CIV Uniform Rules, the CIM Uniform Rules, the CUV Uniform Rules or the CUI Uniform Rules shall remain applicable to existing contracts.
Rule 45
Texts of the Convention
§ 1. The Convention is in French, German and English. In the event of a discrepancy, only the French text is authentic.
§ 2. On the proposal of one of the States concerned, the Organization publishes official translations of the Convention in other languages, since one of these languages is an official language in the territory of at least two Member States. These translations are prepared in cooperation with the relevant services of the member States concerned.
PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE INTERGOVERNMENTAL BODY FOR INTERNATIONAL RAIL TRANSPORT (OTIF)
Article 1
Immunity of jurisdiction, enforcement and seizure
§ 1. As part of its official activities, the Organization is granted immunity from jurisdiction and enforcement unless:
(a) To the extent that the Organization would have expressly waived such immunity in a particular case;
(b) In case of civil action brought by a third party;
(c) In the event of a counterclaim directly related to a procedure initiated principally by the Organization;
(d) In case of seizure, ordered by judicial decision, on salaries, salaries and other emoluments due by the Organization to a member of its staff.
§ 2. The assets and other property of the Organization, regardless of where they are located, shall be granted immunity in respect of any form of requisition, confiscation, sequestration and other form of seizure or constraint, except to the extent that it temporarily requires the prevention of accidents involving self-propelled vehicles belonging to the Organization or circulating on its behalf and the investigations to which such accidents may be investigated.
Article 2
Protection against expropriation
If an expropriation is necessary for public purposes, all appropriate arrangements must be made to prevent expropriation from being an obstacle to the organization's activities and a prompt, timely and adequate prior compensation must be paid.
Article 3
Tax exemption
§ 1. Each Member State exempts direct taxes from the Organization, its assets and revenues, for the exercise of its official activities. Where purchases or services of an important amount that are strictly necessary for the purposes of the official activities of the Organization are made or used by the Organization and where the price of such purchases or services includes taxes or duties, appropriate arrangements shall be made by Member States, whenever possible, for the exemption of taxes or duties of that nature or for the reimbursement of their amount.
§ 2. No exemption is granted in respect of taxes and taxes that are only the mere remuneration for services rendered.
§ 3. Assets acquired in accordance with § 1 shall not be sold or disposed of, or otherwise used, except under the conditions fixed by the Member State which granted the exemptions.
Article 4
Exemption of duties and taxes
§ 1. Products imported or exported by the Organization and strictly necessary for the exercise of its official activities are exempt from all duties and taxes collected for import or export.
§ 2. No exemption is granted under this section with respect to the purchases and imports of goods or the provision of services for the specific needs of staff members of the Organization.
§ 3. Article 3, § 3 shall apply, by analogy, to goods imported in accordance with § 1.
Article 5
Official activities
The official activities of the Organization covered by this Protocol are activities that meet the purposes defined in Article 2 of the Convention.
Article 6
Monetary transactions
The Organization may receive and hold any funds, currency, cash or securities. It may freely dispose of it for all uses under the Convention and have accounts in any currency to the extent necessary to meet its commitments.
Article 7
Communications
For its official communications and the transfer of all its documents, the Organization has no less favourable treatment than that granted by each Member State to other comparable international organizations.
Article 8
Privileges and immunities of representatives of States
Representatives of Member States shall, in the exercise of their functions and for the duration of their travel of services, enjoy the following privileges and immunities in the territory of each Member State:
(a) Immunity of jurisdiction, even after the end of their mission, for acts, including their words and writings, performed by them in the exercise of their functions; such immunity does not, however, play in the event of damage resulting from an accident caused by a self-propelled vehicle or any other means of transport belonging to a representative of a State or led by him or in the event of a violation of traffic regulations relating to that means of transport;
(b) Immunity of arrest and preventive detention, except in cases of flagrante delicto;
(c) Immunity for the seizure of their personal baggage, except in cases of flagrante delicto;
(d) Inviolability of all their official documents and documents;
(e) Exemption for themselves and their spouses of any measures limiting the entry and registration of aliens;
(f) Even eases with regard to monetary or foreign exchange regulations than those granted to representatives of foreign Governments on a temporary official mission.
Article 9
Privileges and immunities of members
Staff of the Organization
Members of the staff of the Organization shall enjoy, in the exercise of their functions, the following privileges and immunities in the territory of each Member State:
(a) Immunity of jurisdiction for acts, including their words and writings, performed in the exercise of their functions and within the limits of their powers; such immunity does not, however, play in the event of damage resulting from an accident caused by a self-propelled vehicle or any other means of transport belonging to a member of the staff of the Organization or driven by it or in the event of a traffic regulation in respect of that means of transport; staff members continue to enjoy this immunity even after they have ceased to serve the Organization;
(b) Inviolability of all their official documents and documents;
(c) Even exceptions to the provisions limiting immigration and regulating the registration of foreigners than those generally granted to staff of international organizations; members of their families in their household enjoy the same facilities;
(d) Exemption of national income tax, subject to the introduction, for the benefit of the Organization, of an internal taxation of salaries, salaries and other emoluments paid by the Organization; However, Member States have the opportunity to take into account these salaries, wages and emoluments for the calculation of the amount of tax payable on the income of other sources; Member States are not required to apply this tax exemption to pension allowances and pensions and survivor benefits paid by the Organization to former staff members or their eligible beneficiaries;
(e) With regard to foreign exchange regulations, the same privileges as those generally granted to staff of international organizations;
(f) In times of international crisis, the same repatriation facilities for them and members of their families who are part of their household as those generally granted to staff of international organizations.
Article 10
Privileges and immunities of experts
The experts to whom the Organization appeals, when performing functions with the Organization or carrying out missions for the Organization, including during travel in the performance of these functions or during such missions, shall enjoy the following privileges and immunities, to the extent that they are necessary for the performance of their functions:
(a) Immunity of jurisdiction for acts, including their words and writings, performed by them in the exercise of their functions; such immunity does not, however, play in the event of damage resulting from an accident caused by a self-propelled vehicle or any other means of transport belonging to an expert or driven by an expert or in the event of a violation of traffic regulations relating to that means of transport; experts continue to benefit from this immunity even after the termination of their duties with the Organization;
(b) Inviolability of all their official documents and documents;
(c) Currency exchange facilities required for the transfer of remuneration;
(d) Even eased, with regard to their personal baggage, than those granted to officials of foreign Governments on a temporary official mission.
Article 11
Purpose of privileges and immunities granted
§ 1. The privileges and immunities provided for in this Protocol shall be established only to ensure, in all circumstances, the free functioning of the Organization and the complete independence of the persons to whom they are granted. The competent authorities shall waive any immunity in any case in which its maintenance is likely to interfere with the action of justice and where it may be lifted without prejudice to the realization of the objective for which it was granted.
§ 2. The competent authorities for the purposes of § 1 are:
(a) Member States, for their representatives;
(b) The Administrative Committee for the Secretary-General;
(c) The Secretary-General for other officials of the Organization and for experts to whom the Organization appeals.
Article 12
Prevention of abuse
§ 1. None of the provisions of this Protocol shall question the right of each Member State to take all appropriate precautions in the interest of its public safety.
§ 2. The Organization shall cooperate at any time with the competent authorities of the Member States in order to facilitate the proper administration of justice, to ensure compliance with the laws and requirements of the Member States concerned and to prevent any abuse of the privileges and immunities provided for in this Protocol.
Article 13
Treatment of individual nationals
No Member State is required to grant the privileges and immunities mentioned:
(a) Article 8, with the exception of the letter d;
(b) Article 9, except for letters a, b and d;
(c) Article 10, except for letters a and b,
to its own nationals or persons who have their permanent residence in that State.
Article 14
Supplementary agreements
The Organization may enter into supplementary agreements with one or more Member States with a view to the implementation of this Protocol with respect to that Member State or those Member States, as well as other agreements with a view to ensuring the proper functioning of the Organization.
Uniform rules concerning the contract for international passenger rail transport (CIV - Appendix A to the Convention)
Article 1
Scope
§ 1. These Uniform Rules shall apply to any contract for the carriage of passengers on a costly or free basis, where the place of departure and destination is located in two different Member States. This is done regardless of the domicile or seat and nationality of the parties to the contract of carriage.
§ 2. When an international transport under a single contract includes, in addition to the cross-border rail transport, a road or inland navigation carriage in domestic traffic of a Member State, these Uniform Rules apply.
§ 3. When an international transport under a single contract includes, in addition to rail transport, a marine transport or cross-border transport by inland navigation, these Uniform Rules apply if the marine transport or inland waterway transport is carried out on lines listed in Article 24(1) of the Convention.
§ 4. These Uniform Rules also apply, with respect to the carrier's liability for death and passenger injury, to persons accompanying a consignment whose carriage is carried out in accordance with the CIM Uniform Rules.
§ 5. These Uniform Rules do not apply to transport between stations located in the territory of neighbouring States, where the infrastructure of these stations is managed by one or more infrastructure managers from one or more of these States.
§ 6. Each State, a Party to a Convention concerning the Direct International Carriage of Passengers and of a similar nature to these Uniform Rules, may, when applying for accession to the Convention, declare that it will only apply these Uniform Rules to the carriage carried out on part of the railway infrastructure located in its territory. This part of the railway infrastructure must be defined precisely and be linked to the railway infrastructure of a Member State. When a State has made the above-mentioned declaration, these Uniform Rules apply only on the condition that:
(a) Whether the place of departure or destination as well as the route provided in the contract of carriage are located on the designated infrastructure, or
(b) That the designated infrastructure link the infrastructure of two Member States and that it has been provided for in the contract of carriage as a route for transit transport.
§ 7. The State which has made a declaration in accordance with § 6 may waive it at any time by informing the depositary. This waiver shall take effect one month after the date on which the depositary shall notify the Member States of the waiver. The declaration becomes without effect, when the convention referred to in § 6, first sentence, ceases to be in force for that State.
Article 2
Declaration on Responsibility
death and passenger injuries
§ 1. Each State may, at any time, declare that it will not apply to passengers, victims of accidents in its territory, all provisions relating to the liability of the carrier in the event of death and injury of passengers, when they are its nationals or persons with their habitual residence in that State.
§ 2. The State which has made a declaration in accordance with § 1 may waive it at any time by informing the depositary. This waiver shall take effect one month after the date on which the depositary shall so inform the Member States.
Article 3
Definitions
For the purposes of these Uniform Rules, the term:
(a) "carrier" means the contracting carrier, with which the traveller has entered into the contract of carriage under these Uniform Rules, or a subsequent carrier, which is liable on the basis of that contract;
(b) "substituted carrier" means a carrier, who has not entered into the contract of carriage with the passenger, but to whom the carrier referred to in the letter has entrusted, in whole or in part, the performance of the rail transport;
(c) "General terms and 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 the contract of carriage;
(d) "vehicle" means a motor vehicle or a trailer transported for passenger transport.
Article 4
Derogations
§ 1. Member States may enter into agreements that provide for derogations from these Uniform Rules for transport carried out exclusively between two stations located on both sides of the border, where there is no other station between them.
§ 2. For transport between two Member States, transiting by a non-member State, the States concerned may enter into agreements that derogate from these Uniform Rules.
§ 3. Subject to other provisions of public international law, two or more Member States may establish between them the conditions under which carriers are subject to the obligation to transport passengers, baggage, animals and vehicles in traffic between these States.
§ 4. The agreements referred to in § 1 to 3 and their implementation shall be communicated to the Intergovernmental Organization for International Carriage by Rail. The Secretary General of the Organization shall inform the Member States and interested companies.
Article 5
Binding law
Unless otherwise provided in these Uniform Rules, any stipulation that directly or indirectly derogates from these Uniform Rules shall be null and void. The invalidity of such stipulations does not result in the invalidity of the other provisions of the contract of carriage. Notwithstanding this, a carrier may assume greater liability and obligations than those set out in these Uniform Rules.
Article 6
Transport contract
§ 1. By the contract of carriage, the carrier undertakes to transport the passenger and, where applicable, baggage and vehicles to the place of destination and to deliver baggage and vehicles to the place of destination.
§ 2. The contract of carriage shall be recognized by one or more transport titles handed over to the passenger. However, without prejudice to section 9, the absence, irregularity or loss of the title of carriage does not affect the existence or validity of the contract that remains subject to these Uniform Rules.
§ 3. The title of carriage, until proof of the contrary, is the conclusion and content of the contract of carriage.
Article 7
Transport title
§ 1. The General Conditions of Transport determine the form and content of the transport titles and the language and characters in which they are to be printed and filled.
§ 2. At least have to be registered on the transport title:
(a) The carrier or carriers;
(b) The indication that carriage is subject, notwithstanding any provision contrary to these Uniform Rules; This can be done by the CIV eagle;
(c) Any other indication necessary to prove the conclusion and content of the contract of carriage and allowing the traveller to assert the rights resulting from the contract.
§ 3. The traveller must ensure, upon receipt of the transport permit, that it has been established according to his or her indications.
§ 4. The transport title is dessible if it is not nominal and if the journey has not begun.
§ 5. The transport title can be established in the form of electronic data recording, which can be transformed into legible writing signs. The processes used for the recording and processing of data must be equivalent from a functional point of view, particularly with regard to the probative force of the transport title represented by these data.
Article 8
Payment and reimbursement of transportation costs
§ 1. Unless otherwise agreed between the traveller and the carrier, the transportation price is payable in advance.
§ 2. The General Conditions of Transport determine under which conditions a refund of the transport price takes place.
Article 9
Right to transport. - Exclusion of transport
§ 1. From the beginning of the journey, the traveller must be provided with a valid transport permit and must present it during the control of the transport tickets. The General Conditions of Transport may include:
(a) That a traveller who does not have a valid transport ticket must pay, in addition to the transport price, an overtax;
(b) That a traveller who refuses the immediate payment of the transport price or surtax may be excluded from transport;
(c) If and under what conditions a refund of the surtax takes place.
§ 2. General terms and conditions of carriage may provide that are excluded from transport or may be excluded from the on-road transport of passengers who:
(a) pose a danger to the safety and proper operation of the operation or to the safety of other travellers;
(b) Incommodate intolerable other travellers,
and that these persons are not entitled to reimbursement or to the cost of transportation or the price they paid for the carriage of their baggage.
Article 10
Increased administrative formalities
The traveller must comply with the formalities required by customs or other administrative authorities.
Article 11
Deletion and delay of a train. - Missed correspondence
The carrier must, if applicable, certify on the transport title that the train has been deleted or missed correspondence.
Article 12
Objects and animals permitted
§ 1. The traveller can take easy-to-wear objects with him (hand side) and live animals in accordance with the General Conditions of Transport. In addition, the traveller may take bulky objects with him in accordance with the specific provisions contained in the General Conditions of Transport. Are excluded from transport, objects or animals of a nature to hinder or incommodate travellers or cause damage.
§ 2. The traveller may ship, as baggage, objects and animals in accordance with the General Conditions of Transport.
§ 3. The carrier may admit the carriage of vehicles on the occasion of the carriage of passengers in accordance with the particular provisions contained in the General Conditions of Transport.
§ 4. The carriage of dangerous goods as a hand-delivered package, luggage and in or on vehicles which, in accordance with this title, are to be carried by rail, shall be in accordance with the International Carriage of Dangerous Goods Regulations (RID).
Article 13
Audit
§ 1. The carrier is entitled, in the event of a serious presumption of non-compliance with the Conditions of carriage, to verify whether the objects (handle, baggage, vehicles including their loading) and animals transported meet the Conditions of carriage when the laws and requirements of the State where the verification is to take place do not prohibit it. The traveller must be invited to attend the audit. If it does not appear or cannot be reached, the carrier must appeal to two independent witnesses.
§ 2. When it is found that the conditions of carriage have not been met, the carrier may require the traveller to pay the costs incurred by the audit.
Article 14
Increased administrative formalities
The traveller must comply with the formalities required by the Customs or other administrative authorities when transporting, on occasion of transport, objects (handle, luggage, vehicles including their loading) and animals. It shall attend the visit of these objects, except as provided by the laws and requirements of each State.
Article 15
Monitoring
The supervision of hand parcels and animals, which he takes with him, is the responsibility of the traveller.
Article 16
Baggage shipment
§ 1. Contractual obligations relating to the delivery of baggage must be found by a baggage slip to the traveller.
§ 2. Without prejudice to section 22, the absence, irregularity or loss of the baggage slip does not affect either the existence or validity of the baggage allowance agreements, which remain subject to these Uniform Rules.
§ 3. The Baggage Bulletin shall, until proof of the contrary, be responsible for the check-in of baggage and the conditions of their carriage.
§ 4. Until proof of the contrary, it is presumed that during the carrier's care, the baggage was in good apparent condition and that the number and mass of the packages corresponded to the markings on the baggage slip.
Article 17
Baggage Bulletin
§ 1. The General Terms and Conditions of Carriage determine the form and content of the Baggage Bulletin and the language and characters in which it must be printed and filled. Article 7, § 5, applies by analogy.
§ 2. At least have to be registered on the baggage slip:
(a) The carrier or carriers;
(b) The indication that carriage is subject, notwithstanding any provision contrary to these Uniform Rules; This can be done by the CIV eagle;
(c) Any other indication necessary to prove the contractual obligations relating to the carriage of baggage and allowing the traveller to assert the rights resulting from the contract of carriage.
§ 3. The traveller must ensure, upon receipt of the baggage slip, that it was issued according to the traveller's instructions.
Article 18
Registration and transport
§ 1. Except as provided by the General Conditions of Carriage, the check-in of baggage shall only take place on the presentation of a transport permit valid at least to the place of destination of the baggage. In addition, the registration is based on the requirements in force at the place of shipment.
§ 2. Where the General Conditions of Carriage provide that baggage may be allowed to be transported without a transport permit, the provisions of these Uniform Rules setting the traveller's baggage rights and obligations shall apply by analogy to the baggage shipper.
§ 3. The carrier may transport the baggage with another train or other means of transport and another route other than those taken by the passenger.
Article 19
Payment of costs for the transport of baggage
Unless otherwise agreed between the traveller and the carrier, the price for the carriage of baggage is payable upon check-in.
Rule 20
Baggage marking
The traveller must indicate on each package in a clearly visible location and in a sufficiently fixed and clear manner:
(a) His name and address;
(b) The place of destination.
Article 21
Right to dispose of baggage
§ 1. If the circumstances permit and the requirements of Customs or other administrative authorities do not oppose it, the traveller may request the return of the baggage to the place of shipment, against the delivery of the baggage slip and, where provided by the General Conditions of Transport, upon presentation of the cargo.
§ 2. The General Conditions of Carriage may provide for other provisions concerning the right to dispose of baggage, including changes in the place of destination and possible financial consequences to be borne by the traveller.
Article 22
Delivery
§ 1. Baggage delivery takes place against delivery of the baggage slip and, if necessary, against payment of fees that strike the shipment. The carrier has the right, without being required, to verify whether the holder of the newsletter has the right to take delivery.
§ 2. Assimilated to delivery to the holder of the baggage slip, when carried out in accordance with the requirements in force at the place of destination:
(a) The delivery of baggage to the customs or granting authorities in their shipping premises or in their warehouses, where they are not in the custody of the carrier;
(b) Entrusting living animals to a third party.
§ 3. The holder of the Baggage Bulletin may request the delivery of the baggage to the place of destination as soon as the agreed time has elapsed and, where applicable, the time required for the operations carried out by Customs or other administrative authorities.
§ 4. If the baggage slip is not delivered, the carrier is only required to deliver the baggage to the person who justifies its right; if this justification appears insufficient, the carrier may require a bail.
§ 5. Baggage is delivered to the place of destination for which they have been registered.
§ 6. The holder of the Baggage Bulletin to which the baggage is not delivered may require the identification, on the Baggage Bulletin, of the day and hour to which he requested delivery in accordance with § 3.
§ 7. The person entitled may refuse the receipt of the baggage, if the carrier fails to comply with his request to carry out the baggage check with a view to finding an alleged damage.
§ 8. In addition, the delivery of baggage is carried out in accordance with the requirements in force at the place of destination.
Article 23
Transport conditions
The special provisions for the carriage of vehicles, contained in the General Conditions of Transport, include the conditions for admission to transport, registration, loading and transport, unloading and delivery, as well as the obligations of the passenger.
Article 24
Transport Bulletin
§ 1. Contractual obligations relating to the carriage of vehicles shall be recognized by a transport bulletin issued to the passenger. The transport newsletter can be integrated into the traveler's transport title.
§ 2. The special provisions for the carriage of vehicles contained in the General Conditions of Transport shall determine the form and content of the transport bulletin and the language and characters in which it shall be printed and filled. Article 7, § 5, applies by analogy.
§ 3. At least have to be registered on the Transport Bulletin:
(a) The carrier or carriers;
(b) The indication that carriage is subject, notwithstanding any provision contrary to these Uniform Rules; This can be done by the CIV eagle;
(c) Any other indication necessary to prove the contractual obligations relating to the carriage of vehicles and allowing the traveller to assert the rights resulting from the contract of carriage.
§ 4. The traveller must ensure, upon receipt of the transport newsletter, that it has been issued according to its indications.
Rule 25
Applicable law
Subject to the provisions of this chapter, the provisions of Chapter III relating to the carriage of baggage apply to vehicles.
Rule 26
Foundation of responsibility
§ 1. The carrier is responsible for the damage resulting from the death, injury or any other injury to the physical or mental integrity of the traveller caused by an accident in relation to the railway operation that occurred while the traveller stays in rail vehicles, enters or leaves any of the railway infrastructure used.
§ 2. The carrier is discharged from this responsibility:
(a) If the accident was caused by circumstances outside the railway operation that the carrier, despite the due diligence required according to the particulars of the species, could not avoid and the consequences of which it could not obviate;
(b) To the extent that the accident is due to a fault of the passenger;
(c) If the accident was due to the behaviour of a third party that the carrier, despite the diligence required according to the particularities of the species, could not avoid and the consequences of which it could not obviate; another company using the same railway infrastructure is not considered a third party; the right of appeal is not affected.
§ 3. If the accident is due to the behaviour of a third party and if, despite this, the carrier is not entirely discharged from its liability in accordance with § 2, letter c, it shall respond to the whole within the limits of these Uniform Rules and without prejudice to its possible recourse against the third party.
§ 4. These Uniform Rules do not affect the carrier's liability for cases not provided for in § 1.
§ 5. When a carriage under a single contract of carriage is carried out by subsequent carriers, the carrier shall, in the event of death and injury of passengers, be liable to whom, according to the contract of carriage, the service of carriage in which the accident occurred. Where this benefit has not been performed by the carrier but by a substitute carrier, both carriers are jointly and severally liable in accordance with these Uniform Rules.
Rule 27
Damage to death
§ 1. In the event of the traveller's death, damages include:
(a) Costs resulting from death, including transportation of the body and the funeral;
(b) If death did not occur immediately, the damages provided for in Article 28.
§ 2. If, by the death of the traveller, persons to whom he had or would have had a food obligation in the future, under the law, are deprived of their support, they must also be compensated for this loss. The action for damages of persons whose travellers did maintenance without being held by law remains subject to national law.
Rule 28
Damage to injury
In the event of injury or other damage to the physical or mental integrity of the traveller, damages include:
(a) The necessary costs, including treatment and transportation;
(b) Compensation for damage caused, either by total or partial incapacity for work, or by increasing needs.
Rule 29
Reparation of other bodily harms
National law determines whether, and to what extent, the carrier must pay damages for bodily harm other than those provided for in sections 27 and 28.
Rule 30
Form and amount of damages
death and injury
§ 1. The damages provided for in Article 27, § 2, and Article 28, letter b, shall be allocated as capital. However, if national law permits the allocation of an annuity, they are allocated in this form when the injured traveller or the entitled persons referred to in Article 27, § 2, so requests.
§ 2. The amount of damages to be paid under § 1 is determined under national law. However, for the purposes of these Uniform Rules, a maximum limit of 175,000 units of capital account or annuity corresponding to that capital shall be set for each traveller, in the event that national law provides a maximum limit of less than one.
Rule 31
Other means of transport
§ 1. Subject to § 2, the provisions relating to liability for death and injury of travellers do not apply to the damage that occurred during carriage that, in accordance with the contract of carriage, was not a rail transport.
§ 2. However, when rail vehicles are transported by ferry-boat, the provisions relating to liability for death and injury of passengers apply to the damage referred to in Article 26, § 1, and Article 33, § 1, caused by an accident in relation to the railway operation that occurred while the passenger stays in the said vehicle, enters or ensures it.
§ 3. Where, as a result of exceptional circumstances, rail operations are temporarily interrupted and passengers are transported by another means of transport, the carrier is responsible under these Uniform Rules.
Rule 32
Liability in case of deletion,
delayed or missed correspondence
§ 1. The carrier is responsible to the traveller for the damage resulting from the fact that due to the deletion, delay or default of a correspondence, the traveller cannot continue on the same day, or that his prosecution is not reasonably required on the same day because of the circumstances given. Damage includes reasonable accommodation expenses as well as reasonable costs incurred by the warning of persons waiting for the traveller.
§ 2. The carrier is discharged from this liability, where the removal, delay or default of a correspondence is attributable to one of the following causes:
(a) Exterior circumstances to the railway operation that the carrier, despite the due diligence required according to the particularities of the species, could not avoid and the consequences of which it could not obviate;
(b) A traveler's fault, or
(c) The behaviour of a third party that the carrier, despite the diligence required according to the particularities of the species, could not avoid and the consequences of which it could not obviate; another company using the same railway infrastructure is not considered a third party; the right of appeal is not affected.
§ 3. The national law determines whether, and to what extent, the carrier must pay damages for damages other than those provided for in § 1. This provision does not affect section 44.
Rule 33
Accountability
§ 1. In the event of death and injury of travellers, the carrier is also responsible for the damage resulting from the total or partial loss or damage to the objects that the traveler had, either on him or with him as a hand parcel; This also applies to animals that the traveler had taken with him. Section 26 applies by analogy.
§ 2. In addition, the carrier is not responsible for the damage resulting from the total or partial loss or avagance of objects, hand parcels or animals whose supervision is the responsibility of the traveller in accordance with section 15 only if the damage is caused by a fault of the carrier. Other Articles of Title IV, with the exception of Article 51, and Title VI are not applicable in this case.
Rule 34
Limitation of damages in case of loss
or agrarian objects
When the carrier is responsible under section 33, § 1, it must repair the damage up to 1,400 units of account for each traveller.
Rule 35
Exemption of liability
The carrier is not responsible, in respect of the traveller, for the damage resulting from the fact that the traveller does not comply with customs or other administrative authorities.
Rule 36
Foundation of responsibility
§ 1. The carrier is responsible for the damage resulting from the total or partial loss and avagance of the baggage that occurred from the carrier's care to the delivery and the delay in delivery.
§ 2. The carrier is discharged from this liability to the extent that the loss, agar or delay in delivery was caused by a fault of the traveller, an order of the traveller not resulting from a fault of the carrier, a specific vice of the baggage or circumstances that the carrier could not avoid and the consequences of which it could not obviate.
§ 3. The carrier is discharged from this liability to the extent that the loss or damage results from the particular risks inherent in one or more of the following:
(a) Lack or defect of the packaging;
(b) Special nature of baggage;
(c) Shipment as baggage of items excluded from transport.
Rule 37
Charge of proof
§ 1. The evidence that loss, greed or delay in delivery has been one of the facts set out in section 36, § 2, is the carrier's responsibility.
§ 2. When the carrier determines that the loss or avagance may have resulted, given the factual circumstances, from one or more of the particular risks provided for in section 36, § 3, there is presumption that it results from it. However, the rightful person retains the right to prove that the damage did not cause, wholly or partially, any of these risks.
Rule 38
Subsequent carriers
When a carriage under a single contract of carriage is carried out by several subsequent carriers, each carrier, taking charge of baggage with the baggage slip or vehicle with the transport slip, shall participate in the contract of carriage of baggage or the carriage of vehicles, in accordance with the provisions of the baggage bulletin or the transport bulletin and shall assume the obligations arising therefrom. In this case, each carrier responds to the execution of the transport on the total route until delivery.
Rule 39
Replaced carrier
§ 1. Where the carrier has entrusted, in whole or in part, the performance of the carriage to a substitute carrier, whether or not in the exercise of a faculty recognized in the contract of carriage, the carrier shall not be less liable for the totality of the carriage.
§ 2. All provisions of these Uniform Rules governing the liability of the carrier shall also apply to the liability of the carrier substituted for the carriage carried out by the carrier. Sections 48 and 52 apply where an action is brought against agents and any other persons to whom the substitute carrier uses for the performance of the carriage.
§ 3. Any particular agreement by which the carrier assumes obligations that do not fall under these Uniform Rules, or waives any rights conferred on it by these Uniform Rules, shall not affect the substitute carrier who has not expressly and in writing accepted it. Whether or not the substitute carrier has accepted this agreement, the carrier remains bound by the obligations or waivers that result from the particular agreement.
§ 4. When and as long as the carrier and the substitute carrier are responsible, their liability is in solidarity.
§ 5. The total amount of compensation payable by the carrier, the carrier substituted, and their agents and other persons for whom they use for the performance of the carriage, does not exceed the limits set out in these Uniform Rules.
§ 6. This section does not affect the rights of appeal that may exist between the carrier and the substitute carrier.
Rule 40
Presumption of loss
§ 1. The person entitled may, without having to provide other evidence, consider a package as lost when it has not been delivered or held at his disposal within fourteen days after the delivery request submitted in accordance with Article 22, § 3.
§ 2. If a deemed lost package is found in the year following the delivery request, the carrier must notify the person entitled, when the address is known or may be discovered.
§ 3. Within thirty days after receiving the notice referred to in § 2, the person entitled may require that the package be delivered to him. In such a case, the person must pay the costs associated with the carriage of the package from the place of shipment to the place of delivery and return the compensation received, deducting, if any, the costs that would have been included in that allowance. Nevertheless, it retains its entitlements for delay in delivery under section 43.
§ 4. If the parcel found has not been claimed within the period provided for in § 3 or if the parcel is found more than one year after the delivery request, the carrier shall dispose of it in accordance with the laws and requirements in force at the place where the parcel is located.
Rule 41
Compensation for loss
§ 1. In the event of total or partial loss of baggage, the carrier must pay, excluding any other damages:
(a) If the amount of the damage is proven, an allowance equal to that amount without it exceeding 80 units of account per kilogram of gross mass or 1,200 units of account per parcel;
(b) If the amount of damage is not proven, a lump sum allowance of 20 units of account per kilogram missing gross mass or 300 units of account per parcel.
The method of compensation, per missing kilogram or per package, is determined under the general conditions of carriage.
§ 2. The carrier must also return the price for the carriage of baggage and other disbursements in relation to the transport of the lost package and the customs duties and excise duties already paid.
Rule 42
Allowance in the event of aeroplane
§ 1. In the event of baggage avagance, the carrier shall pay, excluding any other damages, an allowance equivalent to the depreciation of the baggage.
§ 2. Compensation does not exceed:
(a) If the entire baggage is depreciated by the agar, the amount it would have reached in case of total loss;
(b) If only a portion of the baggage is depreciated by the agar, the amount it would have reached in case of loss of the depreciated part.
Rule 43
Allowance for delay in delivery
§ 1. In the event of delay in the delivery of baggage, the carrier must pay, by indivisible period of twenty-four hours from the request for delivery, but with a maximum of fourteen days:
(a) If the person entitled proves that damage, including damage, is caused, an allowance equal to the amount of the damage up to a maximum of 0.80 per kilogram of gross weight of the baggage or 14 units of account per parcel, delivered late;
(b) If the person entitled does not prove that a damage is caused, a lump sum allowance of 0.14 units of account per kilogram of gross baggage mass or 2,80 units of account per parcel, delivered late.
The method of compensation, per kilogram or per package, is determined under the general conditions of carriage.
§ 2. In the event of total loss of baggage, the allowance provided for in § 1 shall not be combined with that provided for in Article 41.
§ 3. In the event of partial loss of baggage, the allowance provided for in § 1 is paid for the unlost portion.
§ 4. In the event of avagance of baggage that does not result from the delay in delivery, the allowance provided for in § 1 shall be accumulated, if applicable, with that provided for in Article 42.
§ 5. In no case shall the cumulative amount of the allowance provided for in § 1 with those provided for in sections 41 and 42 give rise to the payment of compensation exceeding that payable in the event of total loss of baggage.
Rule 44
Delayed allowance
§ 1. In the event of a delay in the loading for a cause attributable to the carrier or delay in the delivery of a vehicle, the carrier must pay, when the entitled person proves that the damage is caused, an allowance whose amount does not exceed the cost of the carriage.
§ 2. If the person entitled to waive the contract of carriage, in the event of a delay in the loading for a cause attributable to the carrier, the cost of the carriage shall be refunded to the person entitled. In addition, the latter may claim, when it proves that damage is caused by this delay, compensation in the amount of which does not exceed the cost of transportation.
Rule 45
Compensation for loss
In the event of a total or partial loss of a vehicle, the compensation to be paid to the claimant for the proven damage is calculated based on the usual value of the vehicle. It does not exceed 8,000 units of account. A trailer with or without load is considered an independent vehicle.
Rule 46
Liability for other objects
§ 1. With respect to objects left in the vehicle or in safes (e.g. luggage or ski boots), firmly attached to the vehicle, the carrier is solely responsible for the damage caused by its fault. The total compensation payable does not exceed 1,400 units of account.
§ 2. With respect to objects removed from the vehicle, including the safes referred to in § 1, the carrier shall be liable only if it is proven that the damage is the result of an act or omission that the carrier has committed, either with the intention of causing such damage, or shall be lessened and conscious that such damage will likely result.
Rule 47
Applicable law
Subject to the provisions of this section, the provisions of section 2 relating to baggage liability apply to vehicles.
Rule 48
Determination of the right to invoke limits of liability
The limits of liability set out in these Uniform Rules as well as the provisions of national law that limit the allowances to a specified amount do not apply, if it is proven that the damage is the result of an act or omission that the carrier has committed, either with the intention of causing such damage, or with conscience that such damage will likely result.
Rule 49
Conversion and interest
§ 1. When the calculation of the allowance implies the conversion of the amounts expressed in foreign monetary units, it is made from the course to the day and place of payment of the allowance.
§ 2. The person entitled may claim interest in the allowance, calculated at a rate of 5% per year, from the day of the claim under section 55 or, if there has been no claim, on the day of the claim.
§ 3. However, in respect of compensation under sections 27 and 28, the interest is only in the day on which the facts that have been used to determine the amount of compensation have occurred, if that day is after that of the claim or the claim.
§ 4. With respect to baggage, interest is payable only if the allowance exceeds 16 units of account per baggage slip.
§ 5. With respect to baggage, if the rightful person fails to give the carrier, within a suitable time limit, the supporting documents necessary for the final disposition of the claim, the interest does not run between the expiration of the fixed period and the effective delivery of such items.
Rule 50
Liability in the event of a nuclear accident
The carrier shall be discharged from its responsibility under these Uniform Rules when the damage has been caused by a nuclear accident and that pursuant to the laws and requirements of a State regulating responsibility in the field of nuclear energy, the operator of a nuclear facility or another person substituted for it shall be liable for such damage.
Rule 51
Persons to whom the carrier responds
The carrier is responsible for its agents and other persons to whom it uses for the performance of the carriage when these agents or other persons act in the performance of their duties. Managers of the railway infrastructure on which transportation is carried out are considered to be persons to whom the carrier uses for the performance of the transport.
Rule 52
Other actions
§ 1. In all cases where these Uniform Rules apply, any liability action, in any capacity, may be exercised against the carrier only under the conditions and limitations of these Uniform Rules.
§ 2. The same applies to any action against agents and other persons whose carrier responds under section 51.
Rule 53
Special principles of responsibility
The traveller is responsible to the carrier for any damage:
(a) Non-compliance with its obligations under:
1. Articles 10, 14 and 20;
2. Specific provisions for the carriage of vehicles contained in the General Conditions of Transport or
3. Regulation concerning the International Carriage of Dangerous Goods (RID),
or
(b) Caused by the objects or animals he takes with him,
unless it proves that the damage was caused by circumstances that it could not avoid and the consequences of which it could not obviate, despite the fact that it had shown the required diligence of a conscientious traveller. This provision does not affect the carrier's liability under sections 26 and 33, § 1.
Rule 54
Partial or agrarian loss assessment
§ 1. Where a partial loss or damage of an object carried in the custody of the carrier (baggages, vehicles) is discovered or presumed by the carrier or that the person entitled to alleges its existence, the carrier must promptly and, if possible, in the presence of the person entitled, make a record that determines, according to the nature of the damage, the condition of the object, and, as far as possible, the cause and the significance of the
§ 2. A copy of the report must be given to the person entitled free of charge.
§ 3. Where the person entitled does not accept the findings of the minutes, he or she may request that the condition of the baggage or vehicle as well as the cause and amount of the damage be recognized by an expert appointed by the parties to the contract of carriage or by court. The procedure is subject to the laws and requirements of the State where the finding takes place.
Rule 55
Claims
§ 1. Claims relating to the carrier's liability for death and passenger injury must be addressed in writing to the carrier against whom the judicial action may be taken. In the case of a carriage under a single contract and carried out by subsequent carriers, the claims may also be addressed to the first or last carrier as well as to the carrier having in the State of domicile or habitual residence of the traveller its main seat or branch or establishment that has entered into the contract of carriage.
§ 2. Other claims relating to the contract of carriage must be addressed in writing to the designated carrier in Article 56, § 2 and 3.
§ 3. Parts that the claimant deems appropriate to attach to the claim must be submitted either in original or in copies, if any, duly certified in accordance if the carrier so requests. When resolving the claim, the carrier may require the return of the transport title, the baggage bulletin and the transport newsletter.
Rule 56
Transporters that can be operated
§ 1. Judicial action based on the carrier's responsibility for the death and injury of travellers may only be exercised against a responsible carrier within the meaning of section 26, § 5.
§ 2. Subject to § 4, other judicial actions of passengers based on the contract of carriage may be carried out only against the first or last carrier or against the one who carried out the part of the transport during which the act of the action occurred.
§ 3. Where, in the case of carriage carried out by subsequent carriers, the carrier to deliver the baggage or vehicle is registered with his or her consent on the baggage bulletin or on the transport newsletter, the carrier may be operated in accordance with § 2, even if the carrier has not received the baggage or vehicle.
§ 4. The judicial action in return of an amount paid under the contract of carriage may be exercised against the carrier who has collected that amount or against the carrier for the benefit of which it has been collected.
§ 5. The judicial action may be taken against a carrier other than those referred to in § 2 and 4, when it is filed as a counterclaim or as an exception in the proceedings relating to a principal application based on the same contract of carriage.
§ 6. To the extent that these Uniform Rules apply to the substitute carrier, the carrier may also be engaged.
§ 7. If the applicant has a choice between several carriers, his or her right of option expires as soon as the legal action is brought against one of them; It also applies if the applicant has a choice between one or more carriers and a substitute carrier.
Rule 57
For
§ 1. Judicial actions based on these Uniform Rules may be brought before the courts of the Member States designated by mutual agreement by the parties or before the jurisdiction of the Member State in the territory of which the defendant has his or her habitual residence, principal seat or branch or institution that has entered into the contract of carriage. Other jurisdictions cannot be seized.
§ 2. Where an action based on these Uniform Rules is pending before a competent court under § 1, or where in such a dispute a judgment has been pronounced by such a court, no new action may be brought for the same cause between the same parties unless the decision of the court before which the first action has been brought is not likely to be carried out in the State where the new action is brought.
Rule 58
Extinction of action in case of death and injury
§ 1. Any action by the person entitled to be based on the carrier's liability in the event of death or passenger injury is extinguished if he does not report the accident to the passenger within twelve months of knowing the damage to any of the carriers to whom a claim may be filed under section 55, §1. When the person entitled to report the accident to the carrier verbally, the carrier must issue a certificate of that notice.
§ 2. However, the action is not extinguished if:
(a) In the period provided for in § 1, the person entitled has filed a claim with one of the carriers referred to in Article 55, § 1;
(b) In the period specified in § 1, the responsible carrier was aware, by another way, of the accident on the passenger;
(c) The accident was not reported or was reported late, as a result of circumstances not attributable to the rightful person;
(d) The right person proves that the accident was caused by a carrier's fault.
Rule 59
Extinction of action arising from the transport of baggage
§ 1. The acceptance of the baggage by the person entitled to extinguish any action against the carrier, born of the contract of carriage, in the event of partial loss, damage or delay in delivery.
§ 2. However, the action is not extinguished:
(a) In the event of partial loss or damage, if:
1. Loss or damage was found, in accordance with Article 54, before the baggage was received by the person entitled to the baggage;
2. The finding that should have been made in accordance with Article 54 was omitted only by the fault of the carrier;
(b) In case of non-appreciable damage whose existence is found after acceptance of the baggage by the person entitled, if the person:
1. Requests the finding, in accordance with section 54, immediately after the discovery of the damage and no later than three days after the receipt of the baggage, and
2. Proves, moreover, that the damage occurred between carrier support and delivery;
(c) In the event of a delay in delivery, if the rightful person has, within twenty-one days, asserted his rights to one of the designated carriers has Article 56, § 3;
(d) If the right person proves that the damage is a fault of the carrier.
Rule 60
Prescription
§ 1. Damage actions based on the carrier's liability for death and passenger injury are prescribed:
(a) For the passenger, three years from the day after the accident;
(b) For other persons entitled, by three years from the day after the traveller's death, however, this period may exceed five years from the day after the accident.
§ 2. Other shares of the contract of carriage are prescribed by one year. However, the statute of limitations is two years if it is an action because of damage resulting from an act or omission committed either with the intention of causing such harm, or with conscience that such damage will likely result.
§ 3. The limitation provided in § 2 court for action:
(a) In compensation for total loss: of the fourteenth day following the expiry of the period provided for in Article 22, § 3;
(b) In compensation for partial loss, damage or delay in delivery: the day the delivery took place;
(c) In all other cases concerning the carriage of passengers: from the day of the expiry of the validity of the transport title.
The day indicated as the starting point of the prescription is never understood within the time limit.
§ 4. In the event of a written claim pursuant to section 55 with the necessary supporting documents, the limitation shall be suspended until the day on which the carrier rejects the claim in writing and shall return the attachments. In the event of partial acceptance of the claim, the limitation shall resume its course for the portion of the claim that remains contentious. The evidence of receipt of the claim or response and that of the restitution of the documents is the responsibility of the party who invokes this fact. Subsequent claims with the same object do not suspend the limitation.
§ 5. The prescribed action may no longer be exercised, even in the form of a counterclaim or an exception.
§ 6. In addition, the suspension and interruption of the prescription are regulated by national law.
Rule 61
Share of transport prices
§ 1. Any carrier must pay to the interested carriers the share that they owe on a transportation price that he or she had to cash. Payment methods are set by agreement between carriers.
§ 2. Article 6, § 3, Article 16, § 3, and Article 25 also apply to relations between subsequent carriers.
Rule 62
Right of appeal
§ 1. The carrier who has paid compensation under these Uniform Rules shall be entitled to appeal against the carriers who have participated in the carriage in accordance with the following provisions:
(a) The carrier who caused the damage is solely responsible for it;
(b) When the damage was caused by several carriers, each of them responds to the damage it caused; if the distinction is impossible, the allowance shall be divided between them in accordance with letter c;
(c) If it cannot be proved which carriers have caused the damage, compensation shall be distributed among all carriers who have participated in the carriage, except those who prove that the damage was not caused by them; the distribution is made proportionally to the share of the transport price that returns to each carrier.
§ 2. In the case of insolvency of one of these carriers, the share in it and not paid by it is distributed among all other carriers who have participated in the transport, proportionally to the share of the transport price that returns to each of them.
Rule 63
Procedure for appeal
§ 1. The merits of the payment made by the carrier exercising an appeal under section 62 shall not be contested by the carrier against whom the appeal is exercised, when the compensation has been fixed judicially and that the carrier, duly assigned, has been able to intervene in the proceedings. The judge, seized of the main action, sets the deadlines for the meaning of the summons and for the intervention.
§ 2. The carrier who makes his appeal must file his application in a single proceeding against all carriers with whom he has not transigated, under penalty of losing his appeal against those whom he would not have assigned.
§ 3. The judge must decide by a single judgment on all appeals before him.
§ 4. The carrier who wishes to assert his right of appeal may apply to the courts of the State in the territory of which one of the carriers participating in the carriage has its main seat or branch or establishment that has entered into the contract of carriage.
§ 5. Where the action is to be brought against several carriers, the carrier exercising the right of appeal may choose between the competent courts in accordance with § 4 that to which it will introduce its appeal.
§ 6. Appeals may not be filed in the proceedings relating to the claim for compensation by the person entitled to the contract of carriage.
Rule 64
Agreements on appeals
Carriers are free to agree on provisions derogating from sections 61 and 62.
Uniform Rules concerning the Contract for the International Carriage of Goods (CIM - Appendix B to the Convention)
Article 1
Scope
§ 1. These Uniform Rules shall apply to any contract for the carriage of goods in a costly manner, where the place of taking charge of the goods and the place for delivery is located in two different Member States. This is done regardless of the seat and nationality of the parties to the contract of carriage.
§ 2. These Uniform Rules also apply to contracts for the carriage of goods in a costly manner, where the place of taking charge of the goods and the place for delivery are located in two different States, at least one of which is a Member State and when the contracting parties agree that the contract is subject to these Uniform Rules.
§ 3. When an international transport under a single contract includes, in addition to the cross-border rail transport, a road or inland navigation carriage in domestic traffic of a Member State, these Uniform Rules apply.
§ 4. When an international transport under a single contract includes, in addition to rail transport, a marine transport or cross-border transport by inland navigation, these Uniform Rules apply if the marine transport or inland waterway transport is carried out on lines listed in Article 24(1) of the Convention.
§ 5. These Uniform Rules do not apply to transport between stations located in the territory of neighbouring States, where the infrastructure of these stations is managed by one or more infrastructure managers from one or more of these States.
§ 6. Each State, a Party to a Convention concerning the Direct International Carriage of Goods and of a Similar Nature to these Uniform Rules, may, when applying for accession to the Convention, declare that it will only apply these Uniform Rules to the carriage carried out on part of the railway infrastructure located in its territory. This part of the railway infrastructure must be defined precisely and be linked to the railway infrastructure of a Member State. When a State has made the above-mentioned declaration, these Uniform Rules apply only on the condition that:
(a) Whether the location of the handling of the goods or the place for delivery as well as the route provided in the contract of carriage is located on the designated infrastructure, or
(b) That the designated infrastructure link the infrastructure of two Member States and that it has been provided for in the contract of carriage as a route for transit transport.
§ 7. The State which has made a declaration in accordance with § 6 may waive it at any time by informing the depositary. This waiver shall take effect one month after the date on which the depositary shall notify the Member States of the waiver. The declaration becomes without effect, when the convention referred to in § 6, first sentence, ceases to be in force for that State.
Article 2
Public law requirements
The transport to which these Uniform Rules apply shall remain subject to the requirements of public law, including the requirements for the carriage of dangerous goods and the requirements of customs law and those relating to the protection of animals.
Article 3
Definitions
For the purposes of these Uniform Rules, the term:
(a) "carrier" means the contracting carrier, with which the shipper has entered into the contract of carriage under these Uniform Rules, or a subsequent carrier, which is liable on the basis of that contract;
(b) "substituted carrier" means a carrier, who has not entered into the contract of carriage with the shipper, but to whom the carrier referred to in the letter has entrusted, in whole or in part, the performance of the rail transport;
(c) "General terms and 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 the contract of carriage;
(d) "Intermodal transport unit" means containers, mobile boxes, semi-trailers or other similar loading units used in intermodal transport.
Article 4
Derogations
§ 1. Member States may enter into agreements that provide for derogations from these Uniform Rules for transport carried out exclusively between two stations located on both sides of the border, where there is no other station between them.
§ 2. For transport between two Member States, transiting by a non-member State, the States concerned may enter into agreements that derogate from these Uniform Rules.
§ 3. The agreements referred to in § 1 and 2 and their implementation shall be communicated to the Intergovernmental Organization for International Carriage by Rail. The Secretary General of the Organization shall inform the Member States and interested companies.
Article 5
Binding law
Unless otherwise provided in these Uniform Rules, any stipulation that directly or indirectly derogates from these Uniform Rules shall be null and void. The invalidity of such stipulations does not result in the invalidity of the other provisions of the contract of carriage. Notwithstanding this, a carrier may assume greater liability and obligations than those set out in these Uniform Rules.
Article 6
Transport contract
§ 1. By the contract of carriage, the carrier undertakes to transport the goods in a costly manner to the place of destination and to deliver it to the consignee.
§ 2. The contract of carriage must be observed by a consignment note according to a uniform model. However, the absence, irregularity or loss of the consignment note do not affect the existence or validity of the contract that remains subject to these Uniform Rules.
§ 3. The consignment note is signed by the consignor and the carrier. The signature can be replaced by a stamp, an indication of the accounting machine or any other appropriate mode.
§ 4. The carrier must certify on the duplicate of the consignment note in an appropriate manner the handling of the goods and must return the duplicate to the consignor.
§ 5. The car letter doesn't have the value of a bill of lading.
§ 6. A consignment note must be established for each consignment. Unless otherwise agreed between the consignor and the carrier, the same consignment note may only concern the loading of a single car.
§ 7. In the case of a transport using 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 meeting the requirements of Article 7.
§ 8. The international associations of the carriers establish uniform models of a consignment note in accordance with international customer associations and competent customs bodies in the Member States as well as with any intergovernmental regional economic integration organization having jurisdiction for its own customs legislation.
§ 9. The consignment note, including its duplicate, can be established in the form of electronic data recording, which can be transformed into legible writing signs. The processes used for the recording and processing of data must be equivalent from a functional point of view, particularly with regard to the probative force of the consignment note represented by these data.
Article 7
Car letter content
§ 1. The consignment note shall contain the following indications:
(a) The place and date of its establishment;
(b) The name and address of the sender;
(c) The name and address of the carrier who has entered into the contract of carriage;
(d) The name and address of the person to whom the goods are actually delivered if it is not the carrier referred to in letter c;
(e) The place and the date of taking charge of the goods;
(f) The place of delivery;
(g) The name and address of the recipient;
(h) The name of the nature of the goods and the mode of packaging and, for dangerous goods, the name provided for in the Regulation respecting the international carriage of dangerous goods (RID);
(i) The number of parcels and special signs and numbers required for the identification of consignments of detail;
(j) The number of the car in the case of carriage by full cars;
(k) The number of the railway vehicle rolling on its own wheels, if it is transported as goods;
(l) In addition, in the case of intermodal transport units, the category, number or other characteristics necessary for their identification;
(m) The gross mass of the goods or the quantity of the goods expressed in other forms;
(n) A detailed listing of the documents required by Customs or other administrative authorities, attached to the consignment note or made available to the carrier to a duly designated authority or to a body designated in the contract;
(o) Carriage costs (transport costs, incidental charges, customs duties and other costs arising from the conclusion of the contract until delivery), to the extent that they are to be paid by the recipient or any other indication that the costs are due by the recipient;
(p) The indication that carriage is subject, notwithstanding any provision to the contrary, to these Uniform Rules.
§ 2. In addition, the consignment note shall contain the following indications:
(a) In the event of carriage by subsequent carriers, the carrier to deliver the goods, while the carrier gave his consent to the registration on the consignment note;
(b) The costs that the shipper pays to the shipper;
(c) The amount of the refund to be collected on delivery of the goods;
(d) The declared value of the goods and the amount representing the special interest on delivery;
(e) The agreed period in which the transport must be carried out;
(f) The route agreed;
(g) A list of documents not mentioned in § 1, letter n, submitted to the carrier;
(h) The consignor's inscriptions concerning the number and designation of the seals he affixed to the car.
§ 3. The parties to the contract of carriage may refer to the consignment note any other indication that they consider useful.
Article 8
Liability for registration
worn on the car letter
§ 1. The shipper responds to all costs and damages incurred by the carrier by the fact:
(a) Enrolment by the consignor, on the consignment note, of irregular, inaccurate, incomplete or worn other than in the place reserved for each of them, or
(b) From the omission by the sender of inscriptions prescribed by RID.
§ 2. If, at the request of the consignor, the carrier shall record references to the consignment note, it shall be considered, until proof of the contrary, as acting on behalf of the consignor.
§ 3. If the consignment note does not contain the indication provided for in Article 7, § 1, letter p, the carrier shall be liable for all costs and damages incurred by the person entitled to be paid by the person in respect of that omission.
Article 9
Dangerous goods
When the consignor has omitted the inscriptions prescribed by RID, the carrier may, at any time, under the circumstances, unload or destroy the goods or render it inoffensive, without compensation, unless he has been aware of the dangerous character of the goods during his care.
Article 10
Payment of fees
§ 1. Unless otherwise agreed between the shipper and the carrier, the costs (transport costs, incidental charges, customs duties and other costs arising from the conclusion of the contract until delivery) are paid by the shipper.
§ 2. Where, under an agreement between the consignor and the carrier, the costs are borne by the consignee and the consignee has not withdrawn the consignor's note, nor asserts its rights in accordance with Article 17, § 3, or amended the contract of carriage in accordance with Article 18, the consignor shall remain liable to the payment of the costs.
Article 11
Audit
§ 1. The carrier has the right to verify, at any time, whether the terms and conditions of carriage have been met and whether the shipment meets the registrations entered on the consignor's consignment note. When the verification relates to the contents of the shipment, it shall be carried out to the extent possible in the presence of the person entitled to it; in cases where this is not possible, the carrier shall appeal to two independent witnesses, in the absence of other provisions in the laws and requirements of the State where the verification takes place.
§ 2. If the shipment does not respond to the registrations entered on the consignment note or if the provisions relating to the carriage of goods admitted under condition have not been complied with, the result of the verification must be mentioned on the slip of the consignment note that accompanies the goods, and if the carrier still holds the duplicate of the consignment note, also on it. In this case, the costs incurred by the verification strike the goods, unless they were paid immediately.
§ 3. When the consignor carries out the shipment, the consignor has the right to require the carrier's verification of the condition of the goods and its packaging and of the accuracy of the enunciations of the consignment note concerning the number of parcels, their marks and their numbers as well as the gross mass or otherwise indicated quantity. The carrier is only required to conduct the verification if it has the appropriate means to do so. The carrier may request payment of verification fees. The result of the checks is recorded on the consignment note.
Article 12
Probative force of the consignment note
§ 1. The consignment note shall, until proof of the contrary, express the conclusion and conditions of the contract of carriage and the taking over of the goods by the carrier.
§ 2. When the carrier has carried out the shipment, the consignment note shall, until proof of the contrary, be construed of the condition of the goods and its packaging indicated on the consignment note, or in the absence of such indications, of the apparent good condition at the time of the carrier's care and of the accuracy of the enunciations of the consignment note regarding the number of packages, their marks and their numbers, as well as the gross mass or otherwise indicated.
§ 3. When the consignor carried out the consignor, the consignor's consignment note shall, until proof of the contrary, be construed of the condition of the goods and its packaging indicated on the consignment note, or, in the absence of such indications, the apparent good condition and the accuracy of the mentions set out in § 2 only in the case the carrier has checked them and has entered the concordant result of its verification on the consignment note.
§ 4. However, the consignment note does not believe in the case of a motivated reservation. A reservation may be motivated in particular by the fact that the carrier does not have the appropriate means to verify whether the shipment meets the registrations entered on the consignment note.
Article 13
Loading and unloading of the goods
§ 1. The consignor and the carrier agree to whom the loading and unloading of the goods is the responsibility. In the absence of such a convention, the cargo and unloading shall be the responsibility of the carrier for the packages, whereas for the complete cars, the load shall be the responsibility of the shipper and the unloading, after delivery, to the consignee.
§ 2. The shipper is responsible for all the consequences of a defective load carried out by the shipper and must, in particular, repair the damage suffered by the carrier. Proof of defective loading is the carrier's responsibility.
Article 14
Packaging
The shipper shall be liable to the carrier for all damages and expenses that would originate in the absence or defect of the packaging of the goods, unless, as the defect is apparent or known to the carrier at the time of the handling, the carrier has not made any reservations about it.
Article 15
Increased administrative formalities
§ 1. In order to carry out the formalities required by Customs or other administrative authorities, prior to the delivery of the goods, the consignor must attach to the consignment note or make the necessary documents available to the carrier and provide all necessary information.
§ 2. The carrier is not required to examine whether these documents and information are accurate or sufficient. The shipper is liable to the carrier for any damage that may result from the absence, insufficiency or irregularity of such documents and information, except in the event of the carrier's fault.
§ 3. The carrier shall be responsible for the consequences of the loss or irregular use of the documents referred to on the consignment note and accompanying the consignment note or entrusted to it, unless the loss or damage caused by the irregular use of these documents was caused by the circumstances that the carrier could not avoid and the consequences of which it could not obviate. However, the possible compensation does not exceed that provided for loss of the goods.
§ 4. The consignor, by an inscription on the consignment note, or the consignee who gives an order in accordance with Article 18, § 3, may ask:
(a) To assist himself in the fulfilment of the formalities required by customs or other administrative authorities or to be represented by an agent in the process of providing all the information and making all the necessary observations;
(b) To carry out the formalities required by the Customs or other administrative authorities or to carry them out by an agent, to the extent that the laws and requirements of the State in which they are made permit;
(c) To make the payment of customs duties and other fees, where he or his agent attends to the completion of the formalities required by the Customs or other administrative authorities or performs them, to the extent that the laws and requirements of the State in which they are made permit.
In such cases, neither the shipper, the consignee who has the right of disposition, nor their agent may take possession of the goods.
§ 5. If, for the completion of the formalities required by the Customs or other administrative authorities, the shipper has designated a place where the requirements in force do not allow them to be fulfilled, or if it has prescribed, for these formalities, any other procedure that cannot be carried out, the carrier operates in the manner that it appears to be the most favorable to the interests of the right holder, and makes known to the shipper the measures taken.
§ 6. If the shipper has taken charge of the payment of customs duties, the carrier may make the customs formalities at his or her choice, either on the way or at the place of destination.
§ 7. However, the carrier may proceed in accordance with § 5 if the consignee has not withdrawn the consignment note within the time limit provided by the requirements in force at the place of destination.
§ 8. The consignor must comply with customs or other administrative authorities' requirements regarding the packaging and wiring of the goods. If the consignor has not packaged or disposed of the goods in accordance with these requirements, the carrier may charge the goods on strike.
Article 16
Delivery time
§ 1. The shipper and the carrier agree to the delivery time. In the absence of a convention, this period may not exceed that resulting from § 2 to 4.
§ 2. Subject to § 3 and 4, the maximum delivery time is as follows:
(a) For complete cars:
- shipping time: 12 hours;
- transport time, per indivisible fraction of 400 km: 24 hours;
(b) For retail shipments:
- shipping time: 24 hours;
- transport time, per indivisible fraction of 200 km: 24 hours.
The distances relate to the route agreed, if not, to the shortest route possible.
§ 3. The carrier may set additional time limits of a specified duration in the following cases:
(a) Borrowing:
- lines with different gauges;
- the sea or an inland waterway;
- a road if there is no railway connection;
(b) Extraordinary circumstances resulting in abnormal development of traffic or abnormal operating difficulties.
The duration of the additional deadlines must be included in the General Conditions of Transport.
§ 4. The delivery time begins to run after the cargo is taken over; it is extended of the duration of the stay occassionné sans fault from the carrier. The delivery time is suspended on Sundays and legal holidays.
Article 17
Delivery
§ 1. The carrier must hand over the consignment note and deliver the goods to the consignee, at the intended place of delivery, against discharge and payment of claims arising from the contract of carriage.
§ 2. Assimilated to delivery to the consignee, when carried out in accordance with the requirements in force at the place of delivery:
(a) The delivery of the goods to the customs or granting authorities in their shipping premises or in their warehouses, where they are not in the custody of the carrier;
(b) Storage with the carrier of the goods or its deposit at a shipper commissioner or in a public warehouse.
§ 3. After the arrival of the goods at the place of delivery, the consignee may ask the carrier to hand over the consignment note and deliver the goods to it. If the loss of the goods is found or the goods did not arrive at the expiry of the period provided for in Article 29, § 1, the consignee may assert, in his own name, against the carrier, the rights resulting from the contract of carriage for him.
§ 4. The rightful person may refuse the acceptance of the goods, even after receipt of the consignment note and payment of the claims resulting from the contract of carriage, until the verifications that he has required to find an alleged damage.
§ 5. For the surplus, the delivery of the goods is carried out in accordance with the requirements in force at the place of delivery.
§ 6. If the goods have been delivered without prior payment of a refund encumbering the goods, the carrier is required to compensate the shipper in the amount of the refund, except for his appeal against the consignee.
Article 18
Right to dispose of the goods
§ 1. The shipper has the right to dispose of the goods and to modify, by subsequent orders, the contract of carriage. In particular, the carrier may request:
(a) To stop the transport of the goods;
(b) To adjourn the delivery of the goods;
(c) To deliver the goods to a consignee different from the consignee on the consignment note;
(d) To deliver the goods to a place different from the one on the consignment note.
§ 2. The right of the consignor, even in possession of the duplicate of the consignment note, to amend the contract of carriage is extinguished in cases where the consignee:
(a) Removed the note from the car;
(b) accepted the goods;
(c) Has asserted its rights in accordance with Article 17, § 3;
(d) is authorized, in accordance with § 3, to give orders; From that time on, the carrier must comply with the orders and instructions of the consignee.
§ 3. The right to amend the contract of carriage shall be vested in the consignee upon the establishment of the consignment note, unless otherwise stated by the consignor.
§ 4. The right of the consignee to change the contract of carriage is extinguished when it:
(a) Removed the note from the car;
(b) accepted the goods;
(c) Has asserted its rights in accordance with Article 17, § 3;
(d) Has prescribed, in accordance with § 5, to deliver the goods to a third party and when the latter has asserted its rights in accordance with Article 17, § 3.
§ 5. If the consignee has prescribed to deliver the goods to a third party, the consignee is not authorized to amend the contract of carriage.
Article 19
Exercise of the right of disposition
§ 1. When the consignor, or in the case of Article 18, § 3, the consignee, wishes to amend, by subsequent orders, the contract of carriage, the consignor must submit to the carrier the duplicate of the consignment note on which the modifications must be made.
§ 2. The consignor, or in the case of Article 18, § 3, the consignee, must compensate the carrier for the costs and damage caused by the subsequent amendments.
§ 3. The execution of subsequent amendments must be possible, lawful and reasonably enforceable at the time the orders reach the person who is to execute them and in particular must not interfere with the normal operation of the carrier's business, nor shall it prejudice the shippers or consignees of other consignments.
§ 4. Subsequent amendments shall not have the effect of dividing the shipment.
§ 5. Where, because of the conditions set out in § 3, the carrier cannot execute the orders it receives, the carrier must immediately notify the person whose orders are issued.
§ 6. In the event of a breach of the carrier, the carrier shall be liable for the consequences of the failure or failure to perform a subsequent amendment. However, the possible compensation does not exceed that provided for loss of the goods.
§ 7. The carrier, which follows the subsequent amendments requested by the shipper without requiring the submission of the duplicate of the consignment note, is responsible for the resulting damage to the consignee if the duplicate of the consignment note has been transmitted to the consignor. However, the possible compensation does not exceed that provided for loss of the goods.
Rule 20
Transport barriers
§ 1. In the event of an impediment to transport, the carrier decides whether it is preferable to carry the goods on its own motion by modifying the itinerary or, in the interest of the right person, to request instructions by providing it with all the useful information available to it.
§ 2. If the continuation of the transport is not possible, the carrier requests instructions to the person who has the right to dispose of the goods. If the carrier is unable to obtain instructions in a timely manner, it must take the measures that appear to it most favourable to the interests of the carrier who has the right to dispose of the goods.
Article 21
Preventing delivery
§ 1. In the event of an impediment to delivery, the carrier must promptly notify the shipper and request instructions, unless, by registration on the consignment note, the consignor has requested that the goods be returned to the shipper's office if it occurs an impediment to delivery.
§ 2. When the incapacity for delivery ceases before the shipper's instructions have arrived to the carrier, the goods are delivered to the consignee. The sender must be notified without delay.
§ 3. In case of refusal of the goods by the consignee, the consignor has the right to give instructions, even if he cannot produce the duplicate of the consignment note.
§ 4. When the incapacity for delivery occurs after the consignee has amended the contract of carriage in accordance with Article 18, § 3 to 5, the carrier must notify the consignee.
Article 22
Consequences of transportation impediments
and delivery
§ 1. The carrier is entitled to the reimbursement of the costs it causes:
(a) His request for instructions;
(b) The execution of the instructions received;
(c) The fact that the instructions requested do not reach him or her in time;
(d) The fact that he made a decision in accordance with Article 20, § 1, without having requested instructions,
unless these costs are the consequence of his fault. In particular, it may collect the transport price applicable by the route taken and has the corresponding timeframes.
§ 2. In the cases referred to in Article 20, § 2, and Article 21, § 1, the carrier may immediately discharge the goods at the expense of the person entitled to it. After this unloading, the transport is deemed to be completed. The carrier then assumes the custody of the goods on behalf of the entitled person. However, it can entrust the goods to a third party and is only responsible for the wise choice of that third party. The goods remain encumbered of claims arising from the contract of carriage and any other costs.
§ 3. The carrier may make the sale of the goods without waiting for instructions from the person entitled to the goods when the perishable nature or the condition of the goods justifies it or when the costs of custody are disproportionate to the value of the goods. In other cases, it may also proceed to the sale where, within a reasonable period of time, it has not received from the person entitled to the contrary instructions whose execution may be fairly required.
§ 4. If the goods have been sold, the proceeds of the sale, deducting the costs of the goods, must be made available to the person entitled to it. If the product is less than these fees, the shipper must pay the difference.
§ 5. How to proceed in case of sale is determined by the laws and requirements in force at the place where the goods are located, or by the uses of that place.
§ 6. If, in the event of incapacity for carriage or delivery, the consignor does not give instructions in good time and if the incapacity for carriage or delivery cannot be removed in accordance with § 2 and 3, the carrier may return the goods to the consignor or, if justified, destroy it at the expense of the consignor.
Article 23
Foundation of responsibility
§ 1. The carrier is responsible for the damage resulting from the total or partial loss and avagance of the goods occurring from the handling of the goods to the delivery, as well as the damage resulting from the overtaking of the delivery time, regardless of the railway infrastructure used.
§ 2. The carrier is discharged from this liability to the extent that the loss, avagance or overtaking of the delivery period was caused by a fault of the rightful person, an order of the rightful person not resulting from a fault of the carrier, a specific defect of the goods (inland deterioration, road waste, etc.) or circumstances that the carrier could not avoid and the consequences of which it could not obviate.
§ 3. The carrier is discharged from this liability to the extent that the loss or damage results from the particular risks inherent in one or more of the following:
(a) Carriage by car found under the General Conditions of Transport or when expressly agreed and entered on the consignment note; subject to damage to the goods as a result of atmospheric influences, goods loaded in intermodal transport units and in closed road vehicles transported by wagons are not considered to be transported as uncovered cars; if, for the carriage of goods in uncovered cars, the consignor uses tarpaulins, the carrier assumes the same responsibility as that for the carriage of unladen unladen cars, even if the goods, which, according to the General Conditions of Carriage, are not transported into uncovered cars;
(b) Lack or defect of the packaging for the goods exposed by their nature to losses or damage when not packed or poorly packed;
(c) Loading of the goods by the shipper or unloading by the consignee;
(d) Nature of certain goods exposed, by causes inherent to the same, to the total or partial loss or to the agrarian notably by breakage, rust, internal and spontaneous deterioration, desiccation, depletion;
(e) irregular designation or numbering, inaccurate or incomplete;
(f) Carriage of living animals;
(g) Carriage which, under the applicable provisions or conventions between the shipper and the carrier and indicated on the consignment note, must be carried out under escort, if the loss or grind results from a risk that the escort was intended to avoid.
Article 24
Liability for transport of railway vehicles
as goods
§ 1. In the case of carriage of railway vehicles rolling on their own wheels and transported as goods, the carrier responds to the damage resulting from the loss or avagance of the vehicle or its parts that occurred from the takeover to the delivery and the damage resulting from the overtaking of the delivery period, unless it proves that the damage does not result from its fault.
§ 2. The carrier does not respond to damage resulting from the loss of accessories that are not registered on both sides of the vehicle or not mentioned on the accompanying inventory.
Rule 25
Charge of proof
§ 1. The evidence that the loss, damage or overtaking of the delivery time has resulted in one of the facts set out in section 23, § 2, is the carrier's responsibility.
§ 2. When the carrier determines that the loss or avagance may have resulted, given the circumstances of fact, from one or more of the particular risks provided for in Article 23, § 3, there is presumption that it results from it. However, the rightful person retains the right to prove that the damage did not cause, wholly or partially, any of these risks.
§ 3. The presumption under § 2 is not applicable in the case provided for in Article 23, § 3, letter a, if there is a loss of abnormal importance or loss of parcels.
Rule 26
Subsequent carriers
When a carriage under a single contract of carriage is carried out by several subsequent carriers, each carrier taking charge of the goods with the consignment note participates in the contract of carriage in accordance with the provisions of the consignment note and assumes the obligations arising therefrom. In this case, each carrier responds to the execution of the transport on the total route until delivery.
Rule 27
Replaced carrier
§ 1. Where the carrier has entrusted, in whole or in part, the performance of the carriage to a substitute carrier, whether or not in the exercise of a faculty recognized in the contract of carriage, the carrier shall not be less liable for the totality of the carriage.
§ 2. All provisions of these Uniform Rules governing the liability of the carrier shall also apply to the liability of the carrier substituted for the carriage carried out by the carrier. Sections 36 and 41 apply where an action is brought against agents and any other persons to whom the substitute carrier uses for the performance of the carriage.
§ 3. Any particular agreement by which the carrier assumes obligations that do not fall under these Uniform Rules or waives any rights conferred on it by these Uniform Rules shall not affect the substitute carrier who has not expressly and in writing accepted it. Whether or not the substitute carrier has accepted this agreement, the carrier remains bound by the obligations or waivers that result from the particular agreement.
§ 4. When and as long as the carrier and the substitute carrier are responsible, their liability is in solidarity.
§ 5. The total amount of compensation payable by the carrier, the carrier substituted, and their agents and other persons for whom they use for the performance of the carriage, does not exceed the limits set out in these Uniform Rules.
§ 6. This section does not affect the rights of appeal that may exist between the carrier and the substitute carrier.
Rule 28
Presumption of damage in case of shipping
§ 1. When a shipment shipped in accordance with these Uniform Rules has been subject to a re-shipment subject to these Rules and a partial loss or damage is found after this re-shipment, there is presumption that it occurred under the last contract of carriage, if the shipment remained in the carrier's custody and was re-shipped as it arrived at the place of re-shipment.
§ 2. This presumption is also applicable where the contract of carriage prior to reshipment was not subject to these Uniform Rules, if applicable in the case of direct shipment between the first place of shipment and the last place of destination.
§ 3. This presumption is also applicable where the contract of carriage prior to reshipment was subject to a convention concerning the direct international carriage of goods and of a nature comparable to these Uniform Rules, and where this agreement contains the same presumption of law for consignments shipped in accordance with these Uniform Rules.
Rule 29
Presumption of loss of goods
§ 1. The rightful person may, without having to provide other evidence, consider the goods as lost when it has not been delivered to the consignee or held at his disposal within thirty days after the expiration of the delivery time.
§ 2. Having the right to receive payment of compensation for the lost goods, may request in writing to be notified without delay in the event that the goods are found in the year following the payment of compensation. The carrier shall give written notice of this request.
§ 3. Within thirty days after the receipt of the notice referred to in § 2, the person entitled may require that the goods be delivered to him against payment of claims arising out of the contract of carriage and against restitution of the compensation received, deducted, if any, of the costs that would have been included in that allowance. However, the Panel retains its entitlements to exceed the delivery time provided for in sections 33 and 35.
§ 4. In the absence of either the application referred to in § 2, or the instructions given within the period provided for in § 3, or if the goods are found more than one year after the payment of the allowance, the carrier shall dispose of them in accordance with the laws and requirements in force at the place where the goods are located.
Rule 30
Compensation for loss
§ 1. In the event of a total or partial loss of the goods, the carrier shall pay, excluding any other damages, an allowance calculated from the stock exchange, in the absence of the current price on the market and, in the absence of either, according to the usual value of the goods of the same nature and quality, on the day and place where the goods were taken over.
§ 2. The allowance does not exceed 17 units of account per kilogram missing of gross mass.
§ 3. In the event of loss of a railway vehicle rolling on its own wheels and transported as goods, or an intermodal transport unit, or parts thereof, compensation is limited, excluding any other damages, to the usual value of the vehicle or intermodal transport unit or their parts, to the day and place of loss. If it is impossible to see the day or place of loss, compensation is limited to the usual value at the day and place of care.
§ 4. In addition, the carrier must return the transport price, customs duties paid and other amounts paid in relation to the carriage of the lost goods, with the exception of excise duties relating to goods circulating in suspension of such duties.
Rule 31
Liability for road waste
§ 1. With respect to the goods that, because of their nature, are generally subject to a road waste by the sole act of transport, the carrier only responds to the portion of the waste that exceeds, regardless of the course carried out, the tolerances below:
(a) 2% of the mass for liquid or wet goods;
(b) 1% of the mass for dry goods.
§ 2. The limitation of liability under § 1 may not be invoked if it is proven, given the facts, that the loss does not result from the causes that justify tolerance.
§ 3. In the event that several packages are transported with a single consignment note, the road waste is calculated for each parcel when its original mass is indicated separately on the consignment note or can be found in another way.
§ 4. In the event of total loss of the goods or in the case of loss of parcel, no deduction is made from the road waste for the calculation of compensation.
§ 5. This article does not derogate from articles 23 and 25.
Rule 32
Allowance in the event of aeroplane
§ 1. In the event of damage to the goods, the carrier shall pay, excluding any other damages, compensation equivalent to the depreciation of the goods. Its amount shall be calculated by applying to the value of the goods defined in accordance with Article 30 the percentage of depreciation found at the place of destination.
§ 2. Compensation does not exceed:
(a) The amount it would have reached in the event of total loss, if the entire shipment is depreciated by the agar;
(b) The amount it would have reached in the event of a loss of the depreciated part, if only a portion of the shipment is depreciated by the agar.
§ 3. In the event of a railway vehicle, rolling on its own wheels and transporting as goods, or an intermodal transport unit, or parts thereof, compensation is limited, excluding any other damages, at the cost of remediation. Compensation does not exceed the amount due in case of loss.
§ 4. In addition, the carrier shall return, in the proportion determined in § 1, the costs provided for in Article 30 § 4.
Rule 33
Allowance in the event of exceedance of delivery time
§ 1. If a damage, including a damage, results from the excess of the delivery time, the carrier must pay compensation that does not exceed the quadruple of the transport price.
§ 2. In the event of total loss of the goods, the compensation provided for in § 1 shall not be combined with that provided for in Article 30.
§ 3. In the event of partial loss of the goods, the compensation provided in § 1 does not exceed the quadruple of the transport price of the unlost part of the shipment.
§ 4. In the event of avagance of the goods not resulting from the exceedance of the delivery period, the allowance provided for in § 1 shall be accumulated, if any, with the allowance provided for in Article 32.
§ 5. In no case shall the cumulative amount of the allowance provided for in § 1 with those provided for in Articles 30 and 32 give rise to compensation exceeding that payable in the event of total loss of the goods.
§ 6. Where, in accordance with Article 16, § 1, the delivery time shall be established by agreement, it may provide for other compensation terms than those provided in § 1. If, in this case, the delivery times provided for in Article 16, § 2 to 4, are exceeded, the person entitled to claim either the compensation provided for in the above-mentioned agreement or that provided for in § 1 to 5.
Rule 34
Compensation in the event of a declaration of value
The consignor and the carrier may agree that the consignor declares, on the consignment note, a value of the goods exceeding the limit provided for in Article 30, § 2. In this case, the amount declared is a substitute for this limit.
Rule 35
Compensation
in case of declaration of interest on delivery
The consignor and the carrier may agree that the consignor enters, on the consignment note, the amount in numbers of a special interest to the delivery, for the case of loss or grinding and for the amount of the overrun of the delivery time. In the event of a declaration of interest on delivery, in addition to the allowances provided for in sections 30, 32 and 33, compensation for the additional damage proved up to the amount declared.
Rule 36
Determination of the right to invoke limits of liability
The limits of liability provided for in Article 15, § 3, Article 19, § 6 and 7, and Articles 30, 32 to 35 do not apply, if it is proven that the damage is the result of an act or omission that the carrier has committed, either with the intention of causing such damage, or with conscience that such damage will likely result.
Rule 37
Conversion and interest
§ 1. When the calculation of the allowance implies the conversion of the amounts expressed in foreign monetary units, it is made from the course to the day and place of payment of the allowance.
§ 2. The person entitled may claim interest in the allowance, calculated at a rate of 5% per year, from the day of the claim under section 43 or, if there was no claim, on the day of the claim.
§ 3. If the rightful person fails to give the carrier, within a suitable period of time, the supporting documents necessary for the final disposition of the claim, the interest does not run between the expiry of the fixed period and the effective delivery of such documents.
Rule 38
Liability for commercial traffic
§ 1. In iron-sea transport using the maritime lines referred to in Article 24, § 1, of the Convention, each Member State may, by requesting that the relevant mention be included in the list of the lines submitted to these Uniform Rules, add all the following causes of exemption referred to in Article 23:
(a) Incendum, provided that the carrier demonstrates that it has not been caused by the fact or fault of the carrier, by those of the master, sailors, pilot or attendants;
(b) Rescue or attempted rescue of life or property at sea;
(c) Loading of the goods on the deck of the vessel, provided that it was loaded on the deck with the consent of the consignor on the consignment note and that it is not on the car;
(d) Water hazards, hazards or accidents of the sea or other inland water.
§ 2. The carrier may only avail itself of the reasons for exemption referred to in § 1 if it demonstrates that the loss, avagance or exceedance of the delivery time occurred on the shipping route, from the loading of the goods on board the ship to its unloading of the ship.
§ 3. Where the carrier takes precedence over the causes of exemption referred to in § 1, the carrier shall nevertheless be liable if the person entitled demonstrates that the loss, damage or overtaking of the delivery time is due to a fault of the carrier, the master, the sailors, the pilot or the attendants of the carrier.
§ 4. When the same maritime route is served by several companies on the list of lines in accordance with Article 24, § 1, of the Convention, the liability regime applicable to this route must be the same for all such companies. In addition, when these companies have been registered on the list at the request of several Member States, the adoption of this regime must first be the subject of an agreement between these states.
§ 5. The measures taken in accordance with § 1 and 4 shall be communicated to the Secretary-General. They come into force, as soon as possible, on the expiry of a period of thirty days from the date on which the Secretary-General notifies them to other Member States. On-road shipments are not affected by these measures.
Rule 39
Liability in the event of a nuclear accident
The carrier shall be discharged from its responsibility under these Uniform Rules when the damage has been caused by a nuclear accident and that pursuant to the laws and requirements of a State regulating the liability in the field of nuclear energy the operator of a nuclear facility or another person substituted for it shall be liable for such damage.
Rule 40
Persons to whom the carrier responds
The carrier is responsible for its agents and other persons to whom it uses for the performance of the carriage when these agents or other persons act in the performance of their duties. Managers of the railway infrastructure on which transportation is carried out are considered to be persons to whom the carrier uses for the performance of the transport.
Rule 41
Other actions
§ 1. In all cases where these Uniform Rules apply, any liability action, in any capacity, may be exercised against the carrier only under the conditions and limitations of these Uniform Rules.
§ 2. The same applies to any action against agents and other persons whose carrier responds under section 40.
Rule 42
Minutes of observation
§ 1. When a partial loss or damage is discovered or presumed by the carrier or being entitled to allege the existence of the goods, the carrier must promptly and, if possible, in the presence of the rightful person, make a report that, according to the nature of the damage, the condition of the goods, its mass and, as far as possible, the importance of the damage, its cause and the time it occurred.
§ 2. A copy of the report must be given to the person entitled free of charge.
§ 3. Where the person entitled does not accept the findings of the minutes, he may request that the condition and mass of the goods and the cause and amount of the damage be recognized by an expert appointed by the parties to the contract of carriage or by a court.
The procedure is subject to the laws and requirements of the State where the finding takes place.
Rule 43
Claims
§ 1. Claims relating to the contract of carriage must be addressed in writing to the carrier against whom the judicial action may be exercised.
§ 2. The right to present a claim belongs to persons who have the right to share the carrier.
§ 3. The consignor, to present the claim, must produce the duplicate of the consignment note. If not, it must produce the consent of the recipient or provide proof that the recipient has refused the goods.
§ 4. The consignee, in order to present the claim, must file the consignment note if it has been returned.
§ 5. The consignment note, the duplicate and other documents that the person entitled considers it useful to attach to the claim must be submitted either in original or in copies, if any, duly certified in conformity if the carrier so requests.
§ 6. When resolving the claim, the carrier may require the original submission of the consignment note, the duplicate or the refund slip for the purpose of identifying the settlement.
Rule 44
Persons who can operate the carrier
§ 1. Subject to § 3 and 4, judicial actions based on the contract of carriage shall be:
(a) To the sender until the recipient has:
1. Withdrawn the consignment note;
2. Accepted the goods, or
3. Emphasizes his rights under Article 17, § 3, or Article 18, § 3;
(b) To the recipient from the time he has:
1. Withdrawn the consignment note;
2. Accepted the goods, or
3. Emphasizes his rights under Article 17, § 3, or Article 18, § 3.
§ 2. The right of the consignee to exercise a judicial action shall be extinguished as soon as the person designated by the consignee in accordance with Article 18, § 5, has withdrawn the consignment note, accepted the goods or asserts the rights of the person under Article 17, § 3.
§ 3. The legal action for restitution of an amount paid under the contract of carriage is only the one who made the payment.
§ 4. The legal action relating to refunds belongs only to the sender.
§ 5. The consignor, in order to exercise judicial actions, must produce the duplicate of the consignment note. If not, it must produce the consent of the recipient or provide proof that the recipient has refused the goods. If necessary, the consignor must prove the absence or loss of the consignment note.
§ 6. The consignee, in order to exercise judicial action, must produce the consignment note if it has been handed over.
Rule 45
Transporters that can be operated
§ 1. Judicial actions based on the contract of carriage may be carried out, subject to § 3 and 4, only against the first or last carrier or against the one who carried out the part of the transport during which the act of the action occurred.
§ 2. When, in the case of carriage carried out by subsequent carriers, the carrier to deliver the goods is registered with his consent on the consignment note, the consignment note may be operated in accordance with § 1; Even if he did not receive the goods or the consignment note.
§ 3. The judicial action in return of an amount paid under the contract of carriage may be exercised against the carrier who has collected that amount or against the carrier for the benefit of which it has been collected.
§ 4. Judicial action relating to refunds may be exercised only against the carrier who took charge of the goods instead of shipment.
§ 5. The judicial action may be taken against a carrier other than those referred to in § 1 to 4, when it is filed as a counterclaim or as an exception in the proceedings relating to a principal application based on the same contract of carriage.
§ 6. To the extent that these Uniform Rules apply to the substitute carrier, the carrier may also be engaged.
§ 7. If the applicant has a choice between several carriers, his or her right of option expires as soon as the legal action is brought against one of them; It also applies if the applicant has a choice between one or more carriers and a substitute carrier.
Rule 46
For
§ 1. Judicial actions based on these Uniform Rules may be brought before the courts of the Member States designated by mutual agreement by the parties or before the jurisdiction of the State in whose territory:
(a) The defendant has his or her habitual residence, principal seat or branch or agency that has entered into the contract of carriage, or
(b) The place where the goods are handled or the place for delivery is located.
Other jurisdictions cannot be seized.
§ 2. Where an action based on these Uniform Rules is pending before a competent court under § 1, or where in such a dispute a judgment has been pronounced by such a court, no new judicial action may be brought for the same cause between the same parties unless the decision of the court before which the first action has been brought is not likely to be carried out in the State where the new action is brought.
Rule 47
Extinction of action
§ 1. The acceptance of the goods by the right-handed person extinguishes any action against the carrier, born of the contract of carriage, in the event of partial loss, damage or exceedance of the delivery time.
§ 2. However, the action is not extinguished:
(a) In the event of partial loss or damage, if:
1. Loss or grinding was found in accordance with Article 42 before acceptance of the goods by being entitled to it;
2. The finding that should have been made in accordance with section 42 was omitted only by the fault of the carrier;
(b) In case of non-appreciable damage whose existence is found after the acceptance of the goods by the rightful person, if the right person:
1. Requests the finding in accordance with section 42 immediately after the discovery of the damage and not later than seven days after the acceptance of the goods, and
2. Proves, moreover, that the damage occurred between the handling of the goods and the delivery;
(c) In the event that the delivery time exceeds, if the person entitled has, within sixty days, asserted his rights to one of the carriers referred to in Article 45, § 1;
(d) If the rightful person proves that the damage is the result of an act or omission committed either with the intention of causing such harm or with conscience that such harm will likely result.
§ 3. If the goods have been re-shipped in accordance with Article 28, the shares in the event of partial loss or damage arising out of one of the previous contracts of carriage are extinguished as if it were a single contract.
Rule 48
Prescription
§ 1. The action created by the contract of carriage is prescribed by one year. However, the prescription is two years if it is the action:
(a) In payment of a refund received from the consignee by the carrier;
(b) In payment of the product of a sale made by the carrier;
(c) Because of a damage resulting from an act or omission committed either with the intention of causing such harm, or grievously and consciously that such harm will likely result from it;
(d) Based on one of the transport contracts prior to shipping, in the case provided for in Article 28.
§ 2. The short prescription for action:
(a) In compensation for total loss: from the thirtieth day following the expiration of the delivery period;
(b) Indemnity for partial loss, damage or exceedance of delivery time: the day on which delivery took place;
(c) In all other cases: the day the right can be exercised.
The day indicated as the starting point of the prescription is never understood within the time limit.
§ 3. The limitation shall be suspended by a written claim in accordance with section 43, until the day the carrier rejects the claim in writing and shall return the attachments. In the event of partial acceptance of the claim, the limitation shall resume its course for the portion of the claim that remains contentious. The evidence of receipt of the claim or response and that of the restitution of the documents is the responsibility of the party who invokes this fact. Subsequent claims with the same object do not suspend the limitation.
§ 4. The prescribed action may no longer be exercised, even in the form of a counterclaim or an exception.
§ 5. In addition, the suspension and interruption of the prescription are regulated by national law.
Rule 49
Countdown
§ 1. Any carrier who has cashed either at the start or upon arrival, any costs or other claims arising out of the contract of carriage, or who should have paid such costs or other claims, must pay to the carriers concerned their share. Payment methods are set by agreement between carriers.
§ 2. Section 12 also applies to relations between subsequent carriers.
Rule 50
Right of appeal
§ 1. The carrier who has paid compensation under these Uniform Rules shall be entitled to appeal against the carriers who have participated in the carriage in accordance with the following provisions:
(a) The carrier who caused the damage is solely responsible for it;
(b) When the damage was caused by several carriers, each of them responds to the damage it caused; if the distinction is impossible, the allowance shall be divided between them in accordance with letter (c);
(c) If it cannot be proved which carriers have caused the damage, compensation shall be distributed among all carriers who have participated in the carriage, except those who prove that the damage was not caused by them; the distribution is made proportionally to the share of the transport price that returns to each carrier.
§ 2. In the case of insolvency of one of these carriers, the share in it and not paid by it is distributed among all other carriers who have participated in the transport, proportionally to the share of the transport price that returns to each of them.
Rule 51
Procedure for appeal
§ 1. The merits of the payment made by the carrier exercising an appeal under section 50 shall not be contested by the carrier against whom the appeal is exercised, when the compensation has been fixed judicially and that the carrier, duly assigned, has been able to intervene in the proceedings. The judge, seized of the main action, sets the deadlines for the meaning of the summons and for the intervention.
§ 2. The carrier who makes his appeal must file his application in a single proceeding against all carriers with whom he has not transigated, under penalty of losing his appeal against those whom he would not have assigned.
§ 3. The judge must decide by a single judgment on all appeals before him.
§ 4. The carrier who wishes to assert his right of appeal may apply to the courts of the State in the territory of which one of the carriers participating in the carriage has its main seat or branch or agency that has entered into the contract of carriage.
§ 5. Where the action is to be brought against several carriers, the carrier exercising the right of appeal may choose between the competent courts in accordance with § 4, the one to which he or she will introduce his or her appeal.
§ 6. Appeals may not be filed in the proceedings relating to the claim for compensation by the person entitled to the contract of carriage.
Rule 52
Conventions on remedies
Carriers are free to agree on provisions derogating from sections 49 and 50.
Regulation concerning the International Carriage of Dangerous Goods (RID - Appendix C to the Convention)
Article 1
Scope
§ 1. This Regulation applies:
(a) To international rail transport of dangerous goods in the territory of the Member States;
(b) To transport in addition to rail transport to which the CIM Uniform Rules are applicable, subject to international requirements governing carriage by another mode of transport,
and the activities referred to in the Schedule to this Regulation.
§ 2. Dangerous goods, whose Annex excludes transport, are not subject to international transport.
Article 2
Exemptions
This Regulation does not apply in whole or in part to the carriage of dangerous goods whose exemption is provided in the Appendix. Exemptions may only be provided where the quantity, nature of the exempted transport or packaging guarantee the safety of the transport.
Article 3
Restrictions
Each Member State retains the right to regulate or prohibit the international transport of dangerous goods on its territory for reasons other than safety during transport.
Article 4
Other requirements
The carriage to which this Regulation applies shall remain subject to the national or international requirements generally applicable to the rail carriage of goods.
Article 5
Type of trains allowed. - Carriage as a hand parcel,
baggage or on motor vehicles
§ 1. Dangerous goods may only be transported in freight trains, to the exemption:
(a) Dangerous goods allowed for carriage in accordance with the Annex, respecting the relevant maximum quantities and the particular conditions of carriage in trains other than freight trains;
(b) Dangerous goods transported under the specific conditions of the Schedule as hand-delivery, baggage or on motor vehicles in accordance with Article 12 of the Uniform Rules CIV.
§ 2. The passenger may not take dangerous goods with him as a hand-delivered package or ship them as baggage or on board motor vehicles if they do not meet the specific requirements of the Appendix.
Article 6
Annex
The Appendix is an integral part of this Regulation.
*
*
The Annex will receive the content that the Commission of Experts on the Transport of Dangerous Goods has agreed upon at the time of the entry into force of the Protocol of 3 June 1999 amending the Convention on International Carriage of Railways (COTIF) of 9 May 1980, according to Article 19, § 4, of this Convention.
Uniform rules concerning contracts for the use of vehicles in international rail traffic (CUV - Appendix D to the Convention)
Article 1
Scope
These Uniform Rules apply to two or multilateral contracts concerning the use of railway vehicles as a means of transport 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 company" means any private or public enterprise that is authorized to carry persons or goods, the traction being provided by the company;
(b) "vehicle" means any vehicle capable of moving on its own wheels on railway tracks, not equipped with traction;
(c) "holder" means a vehicle that operates economically, in a sustainable manner, as a means of transport, whether it owns or has the right to dispose of it;
(d) "attached station" means the place that is registered on the vehicle and to which that vehicle may or must be returned in accordance with the terms of the contract of use.
Article 3
Signs and registrations on vehicles
§ 1. Notwithstanding the requirements for the technical admission of vehicles to international traffic, a vehicle that, under a contract referred to in Article 1, entrusts a vehicle shall ensure that the vehicle is registered:
(a) The holder's indication;
(b) Where applicable, the indication of the railway transport company to the vehicle fleet of which the vehicle is incorporated;
(c) Where applicable, the indication of the attachment station;
(d) Other signs and registrations agreed in the contract of use.
§ 2. The signs and inscriptions provided in § 1 may be supplemented by means of electronic identification.
Article 4
Liability for loss or damage of a vehicle
§ 1. Unless it proves that the damage does not result from its fault, the railway company to which the vehicle has been entrusted for use as a means of transport responds to the damage resulting from the loss or damage of the vehicle or its accessories.
§ 2. The railway transport company does not respond to damage resulting from the loss of accessories that are not registered on both sides of the vehicle or are not mentioned on the accompanying inventory.
§ 3. In the event of loss of the vehicle or its accessories, compensation is limited, excluding any other damages, to the usual value of the vehicle or its accessories at the place and time of loss. If it is impossible to see the day or place of loss, the compensation is limited to the usual value on the day and place where the vehicle was entrusted for use.
§ 4. In the event of damage to the vehicle or its accessories, the allowance is limited, excluding any other damages, to the maintenance costs. Compensation does not exceed the amount due in case of loss.
§ 5. The parties to the contract may agree to the provisions derogating from § 1 to 4.
Article 5
Determination of the right to invoke limits of liability
The limits of liability provided for in Article 4, § 3 and 4 shall not apply, if it is proved that the damage is the result of an act or omission that the railway transport company has committed, either with the intention of causing such damage, or shall be sober and conscious that such damage will likely result.
Article 6
Presumption of loss of a vehicle
§ 1. The right person may not have to provide any other evidence, consider a vehicle as lost when he or she has asked the railway company to which he or she has entrusted the vehicle for use as a means of transport to search for the vehicle and whether the vehicle has not been made available to it within three months of the day on which the request was received or when he or she has not received any indication on the place where the vehicle is located. This period is increased by the duration of the vehicle's immobilization for any cause not attributable to the railway company or for damage.
§ 2. If the vehicle considered to be lost is found after payment of the allowance, the person entitled may, within six months from receipt of the notice by informing him, require the railway transport company to which he or she has entrusted the vehicle for use as a means of transport that the vehicle is given to him, without charge and against restitution of the allowance, to the home station or to another place agreed upon.
§ 3. If the application referred to in § 2 is not made or if the vehicle is found more than one year after the payment of the allowance, the railway transport company to which the person entitled has entrusted the vehicle for use as a means of transport shall have it in accordance with the laws and requirements in force at the place where the vehicle is located.
§ 4. The parties to the contract may agree to the provisions derogating from § 1 to 3.
Article 7
Liability of damage caused by a vehicle
§ 1. Whoever, pursuant to a contract referred to in Article 1, has entrusted the vehicle for use as a means of transport, shall be liable to damage caused by the vehicle when a fault is committed to it.
§ 2. The parties to the contract may agree to the provisions derogating from § 1.
Article 8
Subrogation
Where the contract for the use of vehicles provides that the railway transport company may entrust the vehicle to other railway transport companies for use as a means of transport, the railway transport company may, with the holder's agreement, agree with other railway transport companies:
(a) That, subject to its right of appeal, it is subrogated to them with respect to their responsibility, to the holder, in the event of loss or damage of the vehicle or its accessories;
(b) That only the holder is responsible for damage caused by the vehicle to other railway carriers, but only the railway company that is the contractual partner of the holder is authorized to assert the rights of other railway carriers.
Article 9
Liability for officers and other persons
§ 1. The parties to the contract are responsible for their agents and other persons for the performance of the contract, when such agents or other persons act in the performance of their duties.
§ 2. Unless otherwise agreed between the parties to the contract, the infrastructure managers, on which the railway company uses the vehicle as a means of transport, are considered to be persons to whom the railway company is using.
§ 3. Sections 1 and 2 also apply in case of subrogation in accordance with Article 8.
Article 10
Other actions
§ 1. In all cases where these Uniform Rules apply, any liability for loss or damage of the vehicle or its accessories, in any capacity, may not be exercised against the railway transport undertaking to which the vehicle has been entrusted for use as a means of carriage except in the conditions and limitations of these Uniform Rules and those of the contract of use.
§ 2. § 1 also applies in case of subrogation in accordance with Article 8.
§ 3. The same applies to any action taken against the agents and other persons who respond to the railway company to which the vehicle was entrusted for use as a means of transport.
Article 11
For
§ 1. Judicial actions arising from a contract entered into under these Uniform Rules may be brought before the designated court of mutual agreement between the parties to the contract.
§ 2. Unless otherwise agreed between the parties, the competent jurisdiction is that of the Member State where the defendant has his seat. If the defendant does not have a seat in a Member State, the competent jurisdiction is that of the Member State where the damage occurred.
Article 12
Prescription
§ 1. The actions based on sections 4 and 7 are prescribed by three years.
§ 2. The prescription is short:
(a) For actions based on Article 4, the day on which the loss or damage of the vehicle was found or the day on which the person entitled could consider the vehicle as lost in accordance with Article 6, § 1 or § 4;
(b) For actions based on Article 7, of the day the damage occurred.
Uniform rules concerning the contract for the use of infrastructure in international rail traffic (UIC - Appendix E to the Convention)
Article 1
Scope
§ 1. These Uniform Rules apply to any contract for the use of railway infrastructure for international transport within the meaning of the CIV Uniform Rules and the CIM Uniform Rules. This is done regardless of the seat and nationality of the parties to the contract. These Uniform Rules apply even when railway infrastructure is managed or used by States or by government institutions or organizations.
§ 2. Subject to section 21, these Uniform Rules do not apply to other legal relations, such as:
(a) The liability of the carrier or manager to their agents or other persons for the performance of their duties;
(b) Liability between the carrier or the manager, on the one hand, and third parties, on the other.
Article 2
Declaration on Responsibility
in case of bodily harm
§ 1. Each State may, at any time, declare that it will not apply to victims of accidents in its territory all liability provisions in the event of bodily harm, where the victims are its nationals or persons habitually resident in that State.
§ 2. The State which has made a declaration in accordance with § 1 may waive it at any time by informing the depositary. This waiver shall take effect one month after the date on which the depositary shall so inform the Member States.
Article 3
Definitions
For the purposes of these Uniform Rules, the term:
(a) "railway infrastructure" means all railways and fixed installations to the extent that they are necessary for the movement of railway vehicles and the safety of traffic;
(b) "manager" means the person who makes a railway infrastructure available;
(c) "carrier" means the person carrying by rail persons or goods in international traffic under the provisions of the CIV Uniform Rules or the CIM Uniform Rules;
(d) "adjunct" means agents or other persons to whom the carrier or manager shall use for the performance of the contract when such agents or other persons act in the performance of their duties;
(e) "third party" means any person other than the manager, carrier and their auxiliaries;
(f) "licence" means the authorization established in accordance with the laws and requirements of the State in which the carrier has the seat of its main activity to exercise the activity of a railway carrier;
(g) "safety certificate" means the document certifying, in accordance with the laws and requirements of the State in which the borrowed infrastructure is located, that with respect to the carrier:
- the internal organization of the company, as well as
- the personnel to be employed and the vehicles to be used on the borrowed infrastructure,
meet security requirements to ensure safe service on this infrastructure.
Article 4
Binding law
Unless otherwise provided in these Uniform Rules, any stipulation that directly or indirectly derogates from these Uniform Rules shall be null and void. The invalidity of such stipulations does not result in the nullity of the other provisions of the contract. Notwithstanding this, the parties to the contract may assume greater liability and obligations than those provided for in these Uniform Rules or set a maximum amount of compensation for property damages.
Article 5
Content and form
§ 1. The relationship between the manager and the carrier is regulated in a contract of use.
§ 2. The contract regulates the administrative, technical and financial conditions of use. It includes at least the following:
(a) The infrastructure to be used;
(b) The extent of use;
(c) The benefits of the manager;
(d) The services of the carrier;
(e) Staff to be employed;
(f) Vehicles to be used;
(g) Financial conditions.
§ 3. The contract must be recorded in writing or in an equivalent form. The absence or irregularity of a finding in writing or in an equivalent form or the absence of any of the indications provided for in § 2 shall not affect the existence or validity of the contract that remains subject to these Uniform Rules.
Article 6
Specific obligations of the carrier and manager
§ 1. The carrier must be authorized to operate a railway carrier. Employees and vehicles to be used must meet safety requirements. The manager may require that the carrier prove, by submitting a valid licence and security certificate or certified true copies or otherwise, that these conditions are met.
§ 2. The carrier must notify the manager of any event that may affect the validity of its licence, security certificates, or other evidence.
§ 3. The manager may require that the carrier prove that he has entered into sufficient liability insurance or that he has made equivalent arrangements to cover all shares, in any capacity, referred to in sections 9 to 21. The carrier must prove annually by a proper certificate that liability insurance or equivalent provisions still exist; the manager must notify the manager of any related changes before the manager produces its effects.
§ 4. The parties to the contract must reciprocally inform themselves of any event likely to prevent the performance of the contract they have entered into.
Article 7
Contract period
§ 1. The contract of use may be entered into for a specified or indeterminate period.
§ 2. The manager may denounce the contract of use without delay when:
(a) The carrier is no longer authorized to operate as a railway carrier;
(b) Staff and vehicles to be used no longer meet safety requirements;
(c) The carrier is late for payment, namely:
1° For two consecutive periods and with an amount that exceeds a counter-value for one month, or
2° For a period covering more than two maturity dates and with an amount equal to the counter-value of use for two months;
(d) The carrier violated one of the specific obligations under Article 6, § 2 and 3.
§ 3. The carrier may denounce the contract of use without delay when the manager loses his right to manage the infrastructure.
§ 4. Each party to the contract of use may denounce it without delay in the event of a breach characterized by one of the essential obligations of the other party to the contract, where this obligation concerns the security of persons and property; the parties to the contract may agree on the terms and conditions for the exercise of that right.
§ 5. The party to the contract that is at the origin of its denunciation responds to the other part of the damage resulting from it, unless it proves that the damage does not result from its fault.
§ 6. The parties to the contract may agree on conditions derogating from the provisions of § 2, letters c and d, and § 5.
Article 8
Responsibility of the manager
§ 1. The manager is responsible:
(a) Corporal damage (mort, injury or other physical or psychological integrity);
(b) Material damage (destruction or damage of furniture and real estate)
(c) Monetary damage resulting from damages caused by the carrier under the CIV Uniform Rules and the CIM Uniform Rules,
caused to the carrier or its auxiliaries during the use of the infrastructure and having their origin in the infrastructure.
§ 2. The manager is discharged from this responsibility:
(a) In the event of bodily harm and monetary damage resulting from damages caused by the carrier under Uniform Rules CIV:
1. If the adverse event was caused by circumstances outside the operation that the manager, despite the due diligence required according to the particularities of the species, could not avoid and the consequences of which he could not obviate;
2. To the extent that the harmful event is due to a fault of the person who suffered the damage;
3. If the damaging event is due to the behaviour of a third party that the manager, despite the diligence required according to the particularities of the species, could not avoid and the consequences of which he could not obviate;
(b) In the event of material damage and monetary damage resulting from damages caused by the carrier under the CIM Uniform Rules, where the damage is caused by the carrier's fault or by an order of the carrier that is not attributable to the manager or because of circumstances that the manager could not avoid and the consequences of which he could not obviate.
§ 3. If the damaging event is due to the behaviour of a third party and if, despite this, the manager is not entirely discharged from his responsibility in accordance with § 2, letter a, he responds to all within the limits of these Uniform Rules and without prejudice to his possible remedy against the third party.
§ 4. The parties to the contract may agree whether, and to what extent, the manager is responsible for the damage caused to the carrier by delay or disruption in the operation.
Article 9
Liability of the carrier
§ 1. The carrier is responsible:
(a) Corporal damage (mort, injury or other physical or psychological integrity);
(b) Material damage (destruction or damage of furniture and real property),
caused to the manager or its auxiliaries, during the use of the infrastructure, by means of transport used or by persons or goods transported.
§ 2. The carrier is discharged from this responsibility:
(a) In case of bodily harm:
1. If the harmful event was caused by circumstances outside the operation that the carrier, despite the diligence required according to the particularities of the species, could not avoid and the consequences of which it could not obviate;
2. To the extent that the harmful event is due to a fault of the person who suffered the damage;
3. If the harmful event is due to the behaviour of a third party that the carrier, despite the diligence required according to the particularities of the species, could not avoid and the consequences of which it could not obviate;
(b) In case of material damage where the damage is caused by the fault of the manager or by an order of the manager that is not attributable to the carrier or because of circumstances that the carrier could not avoid and the consequences of which it could not obviate.
§ 3. If the harmful event is due to the behaviour of a third party and if, despite this, the carrier is not entirely discharged from its liability in accordance with § 2, letter a, it shall respond to it at all within the limits of these Uniform Rules and without prejudice to its possible remedy against the third party.
§ 4. The parties to the contract may agree if, and to what extent, the carrier is responsible for the damage caused to the manager by disruption in the operation.
Article 10
Concomiting causes
§ 1. Where the causes attributable to the manager and the causes attributable to the carrier have contributed to the damage, each party to the contract shall respond only to the extent that the causes attributable to it under Articles 8 and 9 have contributed to the damage. If it is impossible to see how the respective causes contributed to the damage, each party bears the damage it suffered.
§ 2. § 1 is applicable by analogy when the causes of the manager and the causes of several carriers using the same railway infrastructure have contributed to the damage.
§ 3. In the event of damage referred to in Article 9, § 1, first sentence, shall be applied by analogy when causes attributable to several carriers using the same infrastructure have contributed to the damage. If it is impossible to see to what extent the respective causes contributed to the damage, carriers are equally responsible to the manager.
Article 11
Damage to death
§ 1. In the event of death, damages include:
(a) Costs resulting from death, including transportation of the body and the funeral;
(b) If death did not occur immediately, the damages provided for in Article 12.
§ 2. If, by death, persons to whom the deceased had or would have had a food obligation in the future, under the law, are deprived of their support, they must also be compensated for this loss. The action for damages of persons whose deceased person was engaged in maintenance without being held by law remains subject to national law.
Article 12
Damage to injury
In the event of injury or other damage to physical or mental integrity, damages include:
(a) The necessary costs, including treatment and transportation;
(b) Compensation for damage caused, either by total or partial incapacity for work, or by increasing needs.
Article 13
Reparation of other bodily harms
National law determines whether and to what extent the manager or carrier must pay damages for bodily harm other than those provided for in sections 11 and 12.
Article 14
Form and amount of damages
death and injury
§ 1. The damages provided for in Article 11, § 2, and Article 12, letter b, shall be allocated as capital. However, if national law permits the allocation of an annuity, they are allocated in this form when the injured person or the entitled persons referred to in Article 11, § 2, so requests.
§ 2. The amount of damages to be paid under § 1 is determined under national law. However, for the purposes of these Uniform Rules, a maximum limit of 175,000 units of capital account or annuity corresponding to that capital shall be set for each person in the event that national law provides a maximum limit of less.
Article 15
Determination of the right to invoke limits of liability
The limits of liability set out in these Uniform Rules as well as the provisions of national law, which limit compensation to a specified amount, shall not apply if it is proven that the damage is the result of an act or omission that the perpetrator of the damage has committed, either with the intention of causing such damage, shall be grievously and with conscience that such damage will likely result.
Article 16
Conversion and interest
§ 1. When the calculation of the allowance implies the conversion of the amounts expressed in foreign monetary units, it is made from the course to the day and place of payment of the allowance.
§ 2. The person entitled may apply for the interest of compensation, calculated at a rate of 5% per year, from the day of the commencement of conciliation proceedings, the recourse to the arbitral tribunal set out in Part V of the Convention or the application to justice.
Article 17
Liability in the event of a nuclear accident
The manager and the carrier shall be discharged from their responsibility under these Uniform Rules when the damage has been caused by a nuclear accident and that pursuant to the laws and requirements of a State regulating the liability in the field of nuclear energy the operator of a nuclear facility or another person substituted for it shall be liable for such damage.
Article 18
Liability for auxiliaries
The manager and the carrier respond to their auxiliaries.
Article 19
Other actions
§ 1. In all cases where these Uniform Rules apply, any liability action, in any capacity, may be exercised against the manager or the carrier only under the conditions and limitations of these Uniform Rules.
§ 2. The same applies to any action against auxiliaries whose manager or carrier responds under section 18.
Rule 20
Litigation agreements
The parties to the contract may agree on the conditions under which they assert or waive their rights to damages in respect of the other party to the contract.
Article 21
Actions against the manager or the carrier
§ 1. Any action on the liability of the carrier's auxiliaries against the manager for any damage caused by the manager may be exercised only under the conditions and limitations of these Uniform Rules.
§ 2. Any action on the liability of the manager's auxiliaries against the carrier for any damage caused by the carrier may only be exercised under the conditions and limitations of these Uniform Rules.
Article 22
Conciliation procedure
The parties to the contract may agree on conciliation proceedings or appeal to the arbitral tribunal set out in Part V of the Convention.
Article 23
Appeal
The validity of the payment made by the carrier on the basis of the CIV Uniform Rules or the CIM Uniform Rules cannot be contested, when the compensation has been fixed judicially and the manager, duly assigned, has been able to intervene in the trial.
Article 24
For
§ 1. Judicial actions based on these Uniform Rules may be brought before the courts of the Member States designated by mutual agreement by the parties to the contract.
§ 2. Unless otherwise agreed between the parties, the competent jurisdiction is that of the Member State where the manager has his seat.
Rule 25
Prescription
§ 1. Actions based on these Uniform Rules are prescribed by three years.
§ 2. The prescription runs from the day the damage occurred.
§ 3. In the event of death of persons, the actions are prescribed by three years from the day after the death, although this period may not exceed five years from the day after the harmful event.
§ 4. A recursory action of a person held responsible may be carried out even after the expiry of the limitation period provided for in § 1, if it is within the time limit determined by the law of the State where the proceedings are initiated. However, this period may not be less than ninety days from the date on which the person exercising the recursory action has settled the claim or has itself received meaning of the summons.
§ 5. The limitation shall be suspended if the parties to the dispute agree to a conciliation procedure or when they enter the arbitral tribunal set out in Part V of the Convention.
§ 6. In addition, the suspension and interruption of the prescription are regulated by national law.
Uniform rules concerning the validation of technical standards and the adoption of uniform technical requirements for rail equipment intended for use in international traffic (APTU - Appendix F to the Convention)
Article 1
Scope
These Uniform Rules establish the procedure for the validation of technical standards and the adoption of uniform technical requirements for railway equipment intended for use in international traffic.
Article 2
Definitions
For the purposes of these Uniform Rules and their Annexes, the term:
(a) "State party" means any State member of the Organization that has not made, in accordance with Article 42, § 1, first sentence, of the Convention, a declaration relating to these Uniform Rules;
(b) "international traffic" means the movement of railway vehicles on railway lines that cross the territory of at least two States parties;
(c) "rail transport company" means any private or public enterprise that is authorized to carry persons or goods, the traction being provided by the company;
(d) "infrastructure manager" means any company or authority that manages a railway infrastructure;
(e) "rail equipment" means any railway equipment intended to be used in international traffic, including rail vehicles and infrastructure;
(f) "rail vehicle" means any vehicle capable of moving on its own wheels on track with or without traction;
(g) " Traction vehicle " means a railway vehicle with a traction medium;
(h) "car" means a railway vehicle, not equipped with a traction, which is intended to carry goods;
(i) "car" means a railway vehicle, not equipped with a traction, which is intended to carry passengers;
(j) "railway infrastructure" means all railways and fixed installations, to the extent that they are necessary for the movement of railway vehicles and the safety of traffic;
(k) "technical standard" means any technical specification adopted by a national or international standardization body recognized in its own procedures; any technical specification developed within the framework of the European Communities is equivalent to a technical standard.
(l) "technical limitation" means any rule, other than a technical standard, relating to the construction, operation, maintenance or procedure of railway equipment;
(m) "Commission of Technical Experts" means the commission under Article 13, § 1, letter f, of the Convention.
Article 3
Purpose
§ 1. The purpose of the validation of technical standards for railway equipment and the adoption of uniform technical requirements for railway equipment is to:
(a) Facilitate the free movement of vehicles and the free use of other railway equipment in international traffic;
(b) Contribute to ensuring security, reliability and availability in international traffic;
(c) Consider the protection of the environment and public health.
§ 2. When validating technical standards or adopting uniform technical requirements, only those developed at the international level are taken into account.
§ 3. To the extent possible:
(a) Interoperability of the necessary technical systems and components in international traffic should be ensured;
(b) Uniform technical standards and technical requirements focus on performance; where applicable, they contain variations.
Article 4
Elaboration of standards and technical requirements
§ 1. The development of uniform technical standards and technical requirements relating to railway equipment is the responsibility of the competent bodies.
§ 2. Standardization of industrial products and procedures is the responsibility of recognized national and international standardization bodies.
Article 5
Validation of technical standards
§ 1. Can apply for validation of a technical standard:
(a) Any State Party;
(b) Any regional economic integration organization to which its member States have transferred competence to legislate in the field of technical standards relating to railway equipment;
(c) Any national or international standardization body for railway standardization;
(d) Any representative international association, for the members of which the existence of technical standards relating to railway equipment is indispensable for security and economic reasons in the exercise of their activity.
§ 2. The commission of technical experts decides to validate a technical standard according to the procedure provided for in Articles 16, 20 and 33, § 6, of the Convention. Decisions come into force under Article 35, § 3 and 4, of the Convention.
Article 6
Adoption of uniform technical requirements
§ 1. May apply for a technical prescription:
(a) Any State Party;
(b) Any regional economic integration organization to which its member States have transferred competence to legislate in the field of technical requirements for railway equipment;
(c) Any representative international association, for the members of which the existence of uniform technical requirements for railway equipment is essential for safety and economy reasons in the exercise of their activity.
§ 2. The Commission of Technical Experts decides to adopt a uniform technical prescription according to the procedure provided for in Articles 16, 20 and 33, § 6, of the Convention. Decisions come into force under Article 35, § 3 and 4, of the Convention.
Article 7
Form of applications
Requests under Articles 5 and 6 must be complete, consistent and motivated. They should be addressed to the Secretary-General of the Organization in one of the working languages of the Organization.
Article 8
Technical annexes
§ 1. The validated technical standards and uniform technical requirements are contained in the annexes to these Uniform Rules listed below:
(a) Uniform technical standards and technical requirements for all railway vehicles (Annex 1);
(b) Uniform technical standards and technical requirements for traction vehicles (annex 2);
(c) Uniform technical standards and technical requirements for wagons (Annex 3);
(d) Uniform vehicle technical standards and technical requirements (annex 4);
(e) Uniform technical standards and technical requirements for infrastructure facilities other than those referred to in letter f (Annex 5);
(f) Uniform technical standards and technical requirements for traffic safety and control systems (annex 6);
(g) Uniform technical standards and technical requirements for information technology systems (annex 7);
(h) Uniform technical standards and technical requirements for any other railway equipment (annex 8).
§ 2. The annexes are an integral part of these Uniform Rules.
Their structure must take into account the particularities of deviation, gauge, power supply systems and traffic safety and regulation systems in the States parties.
§ 3. The annexes will contain the version as adopted, after the entry into force of the Protocol of 3 June 1999 amending the Convention, by the Commission of Technical Experts in accordance with the procedure provided for in Articles 16, 20 and 33, § 6, of the Convention for amendments to the Annexes.
Article 9
Statements
§ 1. Any State Party may, within a period of four months from the date of notification by the Secretary-General of the decision of the Technical Experts Commission, make a reasoned statement with the Commission, that it shall not apply or that partially apply the validated technical standard or the uniform technical prescription adopted with respect to the railway infrastructure located in its territory and traffic on that infrastructure.
§ 2. States parties that have made a declaration in accordance with § 1 shall not be taken into account in setting the number of States that must formulate an objection in accordance with Article 35, § 4, of the Convention, so that a decision of the Commission of Technical Experts shall not enter into force.
§ 3. The State which makes a declaration in accordance with § 1 may waive it at any time by informing the Secretary-General. This waiver takes effect on the first day of the second month following the information.
Article 10
Repeal of the technical unit
The entry into force, in all States parties to the International Convention on the Technical Unit of Railways, signed in Bern on 21 October 1882, in its content of 1938, of the annexes adopted by the Commission of Technical Experts in accordance with Article 8, § 3, results in the repeal of the said Convention.
Article 11
Principality of annexes
§ 1. After the entry into force of the Annexes, adopted by the Commission of Technical Experts in accordance with Article 8, § 3, the uniform technical standards and technical requirements contained in these Annexes prevail, in relations between the States parties, on the provisions of the International Convention on the Technical Unit of Railways, signed in Bern on 21 October 1882, in its content of 1938.
§ 2. After the entry into force of the Annexes, adopted by the Commission of Technical Experts in accordance with Article 8, § 3, these Uniform Rules and the uniform technical standards and technical requirements contained in their Annexes shall, in the States Parties, prevail over the technical provisions:
(a) Regulation for the reciprocal use of cars and vans in international traffic (RIC);
(b) Regulation for the reciprocal use of cars in international traffic (RIV).
A N N E X E 1
TECHNICAL STANDARDS AND TECHNICAL PRESCRIPTIONS RELATING TO THE ENVIRONMENTAL VEHICLES
A. - Displacement
1. Normally spread railways (1,435 mm).
2. Wide gauge (Russian) railways (1 520 mm).
3. Large gauge (finish) railways (1 524 mm).
4. Railways with wide gauge (irish) (1,600 mm).
5. Wide-range (iberic) railways (1 688 mm).
6. Other railways.
B. - Gabarit
1. Railways with normal deviation on the European continent.
2. Railways with normal deviation in Great Britain.
3. ...
C. - ...
A N N E X E 2
TECHNICAL STANDARDS AND TECHNICAL PRESCRIPTIONS
Uniform provisions concerning TRACTION VEHICLES
A. - Power supply systems
1. Continuous running 3,000 V.
2. Continuous running 1,500 V and less.
3. Alternative current 25 kV/50 Hz.
4. Alternative current 15 kV/16 2/3 Hz.
B. - Security systems
of traffic and regulation
A N N E X E 3
TECHNICAL STANDARDS AND TECHNICAL PRESCRIPTIONS
Uniform provisions concerning WAGONS
A N N E X E 4
TECHNICAL STANDARDS AND TECHNICAL PRESCRIPTIONS
Uniform provisions relating to
A N N E X E 5
TECHNICAL STANDARDS AND TECHNICAL PRESCRIPTIONS ON INFRASTRUCTURE INSTALLATIONS
A N N E X E 6
TECHNICAL STANDARDS AND TECHNICAL PRESCRIPTIONS ON THE SAFETY SYSTEM OF CIRCULATIONS AND REGULATION
A N N E X E 7
TECHNICAL STANDARDS AND TECHNICAL PRESCRIPTIONS UNIFORM TO THE TECHNOLOGY SYSTEM OF INFORMATION
A N N E X E 8
TECHNICAL STANDARDS AND TECHNICAL PRESCRIPTIONS ON ALL RAILS
In a first step, the uniform technical standards and technical requirements for existing and internationally recognized railway equipment, as set out in the technical unit, in the RIV and the RIC, as well as in the IUC technical data sheets, will be included in the annexes mentioned above.
Uniform rules concerning the technical admission of railway equipment used in international traffic (ATMF - Appendix G to the Convention)
Article 1
Scope
These Uniform Rules establish the procedure whereby railway vehicles are allowed to circulate and other railway equipment to be used in international traffic.
Article 2
Definitions
For the purposes of these Uniform Rules and their annex, the term:
(a) "State party" means any State member of the Organization that has not made, in accordance with Article 42, § 1, first sentence, of the Convention, a declaration relating to these Uniform Rules;
(b) "international traffic" means the movement of railway vehicles on railway lines that cross the territory of at least two States parties;
(c) "rail transport company" means any private or public enterprise that is authorized to carry persons or goods, the traction being provided by the company;
(d) "infrastructure manager" means any company or authority that manages a railway infrastructure;
(e) "holder" means a railway vehicle that operates economically, in a sustainable manner, as a means of transport, whether it is owned or has the right to dispose of it;
(f) "technical admission" means the procedure conducted by the competent authority to admit a railway vehicle to be operated and other railway equipment to be used in international traffic;
(g) "construction type admission" means the procedure relating to a type of construction of a railway vehicle, conducted by the competent authority, at the end of which the competent authority grants the right to issue, by a simplified procedure, the entry to operation for vehicles that meet this type of construction;
(h) "taking into operation" means the right granted by the competent authority for each railway vehicle to circulate in international traffic;
(i) "rail vehicle" means any vehicle capable of moving on its own wheels on railways with or without traction;
(j) "other railway equipment" means any railway equipment intended to be used in international traffic that is not a railway vehicle;
(k) "Commission of Technical Experts" means the Commission provided for in Article 13, § 1, letter f of the Convention.
Article 3
Admission to international traffic
§ 1. For international traffic, each railway vehicle shall be allowed in accordance with these Uniform Rules.
§ 2. The purpose of the technical admission is to verify that railway vehicles meet:
(a) Construction requirements contained in the annexes to the APTU Uniform Rules;
(b) Construction and equipment requirements contained in the Annex to the RID;
(c) Special conditions of admission under Article 7, § 2 or § 3.
§ 3. § 1 and 2 and the following articles apply by analogy to the technical admission of other railway equipment and to the construction elements either of vehicles or other railway equipment.
Article 4
Procedure
§ 1. Technical admission is made:
(a) Either, in one step, by granting admission to operation to a given individual railway vehicle;
(b) Either, in two successive steps, by granting:
1. Admission of construction type to a given type of railway vehicle;
2. Then the admission to operation to the individual vehicles responding to this type of construction by a simplified procedure for confirming the belonging to this type.
§ 2. This provision is not an obstacle to the application of Article 10.
Article 5
Competent authority
§ 1. The technical admission of railway vehicles to international traffic falls within the competent national or international authority in this field in accordance with the laws and requirements in force in each State Party.
§ 2. The authorities referred to in § 1 may transfer to qualified bodies the competence to grant technical admission provided that they monitor it. The transfer of the competence to grant technical admission to a railway company excluding others from this jurisdiction is not permitted. In addition, the transfer is excluded to an infrastructure manager who participates directly or indirectly in the construction of railway equipment.
Article 6
Recognition of technical admission
The admission of a type of construction and the admission to operation, granted in accordance with these Uniform Rules by the competent authority of a State Party, as well as the corresponding certificates are recognized by the authorities, railway companies and infrastructure managers in the other States parties, without the need for a further examination and a new technical admission to traffic and use in the territory of these States.
Article 7
Construction requirements
applicable to vehicles
§ 1. In order to be allowed to traffic in international traffic, railways must reply:
(a) The construction requirements contained in the annexes to the APTU Uniform Rules;
(b) The construction and equipment requirements contained in the Appendix to RID.
§ 2. In the absence of provisions in the annexes to the APTU Uniform Rules, the generally recognized technical rules apply to technical admission. A technical standard, even if it is not validated in accordance with the procedure provided for in the APTU Uniform Rules, is evidence that the know-how contained in this standard represents a generally recognized technical rule.
§ 3. In order to allow technical developments, it may be derogated from the generally recognized technical rules and construction requirements contained in the annexes to the APTU Uniform Rules, provided that it is proven:
(a) That a security at least equal to that resulting from compliance with these rules and requirements,
(b) As well as interoperability,
remain guaranteed.
§ 4. When a State Party intends to admit, in accordance with § 2 or § 3, a railway vehicle, it shall promptly inform the Secretary General of the Organization. This information shall be communicated to other States parties. Within one month of receipt of the Secretary-General's communication, a State Party may request the convening of the Technical Experts Commission to verify whether the conditions for the application of § 2 or § 3 are met. The Commission shall decide within three months of the receipt by the Secretary-General of the request for convening.
Article 8
Construction requirements
applicable to other materials
§ 1. In order to be allowed to use in international traffic, other railway equipment must meet the construction requirements contained in the annexes to the APTU Uniform Rules.
§ 2. Article 7, § 2 to 4 applies by analogy.
§ 3. The obligations of the States parties resulting from the European Agreement on Main International Railway Lines (AGC) of 31 May 1985 and the European Agreement on Main International Combined Transport Lines and Related Installations (AGTC) of 1 February 1991, to which they are also parties, remain applicable.
Article 9
Operating requirements
§ 1. Railway transport companies that operate a railway vehicle that is allowed to traffic in international traffic are required to comply with the requirements for the operation of a vehicle in international traffic, as set out in the annexes to the Uniform Rules APTU.
§ 2. Companies or administrations, which manage in the States parties an infrastructure, including traffic safety and regulation systems, intended and capable of being operated in international traffic, are required to comply with the technical requirements set out in the annexes to the APTU Uniform Rules and to comply with them at all times during the construction or management of this infrastructure.
Article 10
Technical application
§ 1. Technical admission (construction type admission, operation admission) is attached to the type of construction of a railway vehicle or to the railway vehicle.
§ 2. Technical admission may be requested by:
(a) The manufacturer;
(b) A railway transport company;
(c) The holder of the vehicle;
(d) The owner of the vehicle.
The application may be made to any competent authority, referred to in Article 5, of any State Party.
§ 3. The person who requests an entry to the operation for railway vehicles according to the simplified procedure of technical admission (Article 4, § 1, letter (b), must attach to his application the certificate of admission of type of construction, established in accordance with Article 11, § 2, and prove, in an appropriate manner, that the vehicles for which he requests the entry to the operation correspond to that type of construction.
§ 4. Technical admission must be granted without regard to the applicant's quality.
§ 5. Technical admission is granted for an unlimited duration in principle; it may be general or restricted.
§ 6. A construction type admission may be withdrawn when safety, public health or environmental compliance are no longer guaranteed as a result of the movement of railway vehicles that have been or must be built according to the type of construction concerned.
§ 7. Admission to operation may be withdrawn:
(a) Where the railway vehicle no longer meets the construction requirements contained in the annexes to the Uniform Rules APTU, the special conditions of its admission under Article 7, § 2 or § 3, or the construction and equipment requirements contained in the Annex to the RID and the holder fails to comply with the request of the competent authority to remedy defects within the prescribed time limit;
(b) Where charges or conditions, resulting from a restricted admission under § 5, are not met or respected.
§ 8. Only the authority that has granted the construction type admission or the admission to operation may withdraw them.
§ 9. Admission to operation is suspended:
(a) Where technical monitoring, visits, maintenance and revisions of the railway vehicle are not carried out in the annexes to the APTU Uniform Rules, under the special conditions of admission under Article 7, § 2 or § 3, or in the construction and equipment requirements contained in the Annex to the RID;
(b) Where, in the event of a serious avagance of a railway vehicle, the injunction of the competent authority to present the vehicle is not respected;
(c) In the event of non-compliance with these Uniform Rules and the requirements of the annexes to the APTU Uniform Rules;
(d) When the competent authority so decides.
§ 10. The intake to the operation becomes obsolete in the event of decommissioning of the railway vehicle. The decommissioning shall be communicated to the competent authority which has granted the admission to operation.
§ 11. If there are no provisions in these Uniform Rules, the procedure for technical admission is governed by the State party's national law in which a request for technical admission is made.
Article 11
Certificates
§ 1. The admission of type of construction and the admission to operation are found by separate documents called "Certificate of Admission of Construction Type" and "Certificate of Admission to Operation".
§ 2. The construction type admission certificate must specify:
(a) The manufacturer of the type of construction of a railway vehicle;
(b) All technical characteristics necessary to identify the type of construction of a railway vehicle;
(c) Where applicable, the particular traffic conditions for the type of construction of a railway vehicle and railway vehicles that meet this type of construction.
§ 3. The certificate of admission to operation must specify:
(a) The holder of the railway vehicle;
(b) All technical characteristics necessary to identify the railway vehicle, which can also be done by a reference to the construction type admission certificate;
(c) Where applicable, the particular traffic conditions of the railway vehicle;
(d) If applicable, its validity period;
(e) The revisions of the railway vehicle prescribed in the Annexes to the Uniform Rules APTU, under the special conditions of an admission under Article 7, § 2 or § 3, or in the construction and equipment requirements contained in the Annex to the RID, as well as other technical examinations relating to construction elements and to determined progress of the vehicle.
§ 4. Certificates must be printed at least in two languages, at least one of which must be chosen from the working languages of the Organization.
Article 12
Uniform models
§ 1. The Organization prescribes uniform models of "Certificate of Admission of Construction Type" and "Certificate of Admission to Operation". They are developed and adopted by the Commission of Technical Experts.
§ 2. Article 35, § 1 and 3 to 5, of the Convention shall apply by analogy.
Article 13
Data Bank
§ 1. A data bank for railway vehicles admitted to international traffic traffic is established and updated under the responsibility of the Organization.
§ 2. The competent authorities or, where appropriate, the bodies authorized by them to admit a railway vehicle to operation shall transmit to the Organization, without delay, the data necessary for the purposes of these Uniform Rules relating to vehicles admitted to international traffic. The Technical Expert Commission sets out the necessary data. Only these data are recorded in the data bank. In all cases, decommissioning, official capital assets, withdrawals from operation and modifications of a vehicle derogating from the type of construction allowed are communicated to the Organization.
§ 3. The data recorded in the data bank is considered only as a refutable proof of the technical admission of a railway vehicle.
§ 4. The recorded data can be accessed by:
(a) States parties;
(b) Railway transport companies participating in international traffic having their headquarters in a State Party;
(c) Infrastructure managers with headquarters in a State Party on the infrastructure of which international traffic is carried out;
(d) Railway vehicle manufacturers with regard to their vehicles;
(e) The holders of railway vehicles with regard to their vehicles.
§ 5. The data to which the beneficiaries referred to in § 4 have access and the conditions of such access are defined in an annex to these Uniform Rules. This annex is an integral part of these Uniform Rules. It receives the content that the Review Commission decides in accordance with the procedure provided for in articles 16, 17 and 33, § 4, of the Convention.
Article 14
Inscriptions and signs
§ 1. Railway vehicles allowed for traffic shall carry:
(a) A sign, which clearly establishes that they have been admitted to international traffic in accordance with these Uniform Rules, and
(b) Other inscriptions and signs prescribed in the annexes to the APTU Uniform Rules.
§ 2. The Commission of Technical Experts shall establish the sign provided for in § 1 (a), as well as the transitional periods during which railway vehicles admitted to international traffic may carry registrations and signs derogating from those prescribed in § 1.
§ 3. Article 35, § 1 and 3 to 5, of the Convention shall apply by analogy.
Article 15
Maintenance
Rail vehicles and other railway equipment must be in good condition of maintenance so that their condition does not compromise operational safety in any way and does not adversely affect the environment and public health during their circulation or use in international traffic. For this purpose, railway vehicles shall be subject to the revisions and maintenance operations prescribed in the Annexes to the APTU Uniform Rules, under the special conditions of admission under Article 7, § 2 or § 3, or in the construction and equipment requirements contained in the Annex to the RID.
Article 16
Accidents and serious damage
§ 1. In the event of a serious accident or avagance of railway vehicles, infrastructure managers, if any in common with the relevant holders and railway carriers, are required to:
(a) Take, without delay, all necessary measures to ensure the safety of rail traffic, respect for the environment and public health, and
(b) Determine the causes of the accident or serious agrarian.
§ 2. Is considered severely damaged a vehicle that can no longer be repaired by an operation of little importance that would allow it to be integrated into a train and to circulate on its own wheels safely for operation.
§ 3. Accidents and serious damages are communicated without delay to the authority that has admitted the vehicle to traffic. This authority may request a presentation of the damaged vehicle, possibly already repaired, for review of the validity of the admission to the operation granted. Where applicable, the procedure for granting admission to operation must be renewed.
§ 4. The competent authorities of the States parties inform the Organization of the causes of serious accidents and damages in international traffic. The Commission of Technical Experts may, upon request of a State Party, examine the causes of serious accidents in international traffic with a view to eventually changing the construction and operating requirements for vehicles and other railway equipment contained in the annexes to the Uniform Rules APTU.
Article 17
Immobilization and refusal of vehicles
The competent authority referred to in Article 5, another railway transport company or an infrastructure manager may not refuse or immobilize railway vehicles when these Uniform Rules are complied with, the requirements of the Annexes to the Uniform Rules APTU, the special conditions of admission under Article 7, § 2 or § 3, as well as the construction and equipment requirements contained in the Annex to RID.
Article 18
Non-compliance
§ 1. Subject to § 2 and Article 10, § 9, letter c, the legal consequences resulting from non-compliance with these Uniform Rules and the requirements of the annexes to the Uniform Rules APTU are regulated by the national law of the State party whose competent authority has granted the admission to exploitation, including the rules relating to conflicts of laws.
§ 2. The consequences in civil and criminal law resulting from non-compliance with these Uniform Rules and the requirements of the Annexes to the APTU Uniform Rules are regulated, with respect to infrastructure, by the State party's national law in which the infrastructure manager at his or her headquarters, including the rules relating to conflict of laws.
Article 19
Differends
Two or more States parties, which are aware of a dispute over the technical admission of vehicles and other railway equipment intended for use in international traffic, may bring it to the Commission of Technical Experts if they have failed to resolve it by direct negotiation. Such disputes may also be submitted, in accordance with the procedure set out in Part V of the Convention, to the arbitral tribunal.
Statement by the Government of the French Republic in accordance with Article 42 of COTIF
Pending the outcome of the discussions concerning the Community's accession to COTIF, France will not, during a transitional period, apply the following COTIF appendices: Uniform Regulations concerning the Contract for the Use of Infrastructure in International Rail Traffic (CUI - Appendix E to the Convention)
Uniform rules concerning the validation of technical standards and the adoption of uniform technical requirements for rail equipment intended for use in international traffic (APTU - Appendix F to the Convention)
Uniform rules concerning the technical admission of railway equipment used in international traffic (ATMF - Appendix G to the Convention)
Done in Paris, September 27, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Foreign Affairs,
Philippe Douste-Blazy
