Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2007-300 of 5 March 2007 authorizing the ratification of the Budapest Convention on the Contract for the Carriage of Goods in Inland Navigation (CMNI) on 22 June 2001;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The Budapest Convention relative to the Contract for the Carriage of Goods in Inland Navigation (CMNI), made on 22 June 2001, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N
BUDAPEST RELATING TO THE TRANSPORT CONTRACTOR
INLAND NAVIGATION (CMNI)
The Contracting States to this Convention,
Considering the recommendations of the Final Act of the Conference on Security and Cooperation in Europe of 1 August 1975 for the harmonization of legal regimes in the interest of the development of transport by the Member States of the Central Commission for the Navigation of the Rhine and the Danube Commission in collaboration with the United Nations Economic Commission for Europe,
Conscious of the need and utility of establishing uniform rules for contracting the carriage of goods by inland navigation,
agreed to conclude a Convention to that effect and therefore agreed to the following:
Chapter I
General provisions
Article 1
Definitions
For the purposes of this Convention,
1. "Transport contract" means any contract, regardless of its name, by which a carrier undertakes against payment of a cargo, to carry goods by inland waterways;
2. "Transporter" means any person by whom or on whose behalf a contract of carriage has been entered into with a consignor;
3. "Replaced Carrier" means any person, other than the carrier's attendant or agent, to whom the performance of the carriage or part of the carriage was entrusted by the carrier;
4. " Shipper" means any person by whom or on whose behalf or on whose behalf a contract of carriage was entered into with a carrier;
5. "Recipient" means the person authorized to take delivery of the goods;
6. "Transport Document" means a document that demonstrates a contract of carriage and acknowledges the taking or placing of goods on board by a carrier, established in the form of a bill of lading or a consignment note or any other document in use in the trade;
7. "Business" does not include either towed or pushed vessels or passenger baggage and vehicles; where the goods are gathered in a container, a pallet or in or on a similar transport device or when packed, the term "goods" also refers to the said transport device or such packaging if provided by the shipper;
8. The term "in writing", unless the persons concerned otherwise have it, includes the situation in which the information is transmitted by an electronic, optical or any other similar means of communication, including but not limited to, by telegram, fax, telex, e-mail or by electronic data exchange (EDI), provided that the information remains accessible for later use as a reference;
9. The law of a State applicable in accordance with this Convention shall mean the rules of law in force in that State excluding the rules of private international law.
Article 2
Scope
1. This Convention shall apply to any contract of carriage whereby the loading port or the place of care and the unloading port or the place of delivery are located in two different States of which at least one is a State Party to this Convention. If the contract provides for a choice of several unloading ports or places of delivery, the unloading port or the place of delivery in which the goods were actually delivered will be decisive.
2. If the purpose of the contract is to transport goods without trans-shipment on both inland waterways and on waters subject to maritime regulations, this Convention shall also apply to that contract under the conditions referred to in paragraph 1, unless:
(a) A maritime bill of lading has been established in accordance with applicable maritime law, or if;
(b) The distance to be explored on waters subject to maritime regulation is the longest.
3. This Convention shall be applicable irrespective of nationality, place of registration, port of entry or belonging of the vessel to maritime navigation or inland navigation and whatever nationality, domicile, seat or place of stay of the carrier, shipper or consignee.
Chapter II
Rights and obligations of Contracting Parties
Article 3
Handling, transport and delivery of goods
1. The carrier shall transport the goods to the place of delivery within the specified time limits and deliver them to the consignee in the state in which they were entrusted to it.
2. Unless otherwise agreed, the handling of the goods and their delivery shall take place on board the vessel.
3. The carrier decides the boat to be used. Before the voyage and the departure of the vessel, it is required to demonstrate the necessary diligence to ensure that, in the light of the goods to be transported, the vessel is in a position to receive the cargo, in a state of airworthiness, provided the rigging and crew prescribed by the regulations in force and provided the necessary national and international authorizations for the carriage of the goods concerned.
4. When it has been agreed to carry out the transport with a specified vessel or type of vessel, the carrier may not load or transship the goods in whole or in part on another vessel or boat type without the consent of the shipper:
(a) That in the presence of circumstances such as low waters, collisions or other obstacles to navigation that were unpredictable at the time of the conclusion of the contract of carriage and that require the loading or trans-shipment of the goods for the performance of the contract of carriage and if the carrier cannot, within an appropriate time, obtain instructions from the shipper, or
(b) If this is consistent with the uses of the port in which the boat is located.
5. Subject to obligations to the consignor, the carrier must ensure that the loading, scheduling and shaping of the goods do not affect the safety of the ship.
6. The carrier may only carry the goods in deck or open holds if agreed with the shipper or conforms to the uses of the trade considered or is required by the requirements in force.
Article 4
Replaced carrier
1. The contract that meets the definition of Article 1, paragraph 1, concluded between a carrier and a substitute carrier constitutes a contract of carriage within the meaning of this Convention. As part of this contract, all provisions of this Convention relating to the consignor apply to the carrier and those relating to the carrier to the substitute carrier.
2. Where the carrier has entrusted the performance of the carriage or part of the carriage to a substitute carrier, whether or not in the exercise of a right recognized to it in the contract of carriage, the carrier shall remain liable for all of the carriage, in accordance with the provisions of this Convention. All provisions of this Convention governing the liability of the carrier shall also apply to the liability of the carrier substituted for the carriage carried out by the carrier.
3. The carrier is required, in all cases, to inform the shipper when it entrusts the execution of the carriage or part of the carriage to a substitute carrier.
4. Any agreement with the shipper or consignee extending the carrier's liability in accordance with the provisions of this Convention shall be binding on the carrier substituted only to the extent that the carrier expressly and in writing has accepted it. The substitute carrier may make all objections by the carrier under the contract of carriage.
5. When and to the extent that the carrier and the substitute carrier respond, they respond in solidarity. Nothing in this article shall affect the rights of appeal between them.
Article 5
Delivery time
The carrier must deliver the goods within the time agreed in the contract of carriage or, if it has not been agreed on a time limit, within the time limit that it would be reasonable to require a diligent carrier, taking into account the circumstances of the unhindered journey and navigation.
Article 6
Obligations of the consignor
1. The shipper is required to pay the amounts due under the contract of carriage.
2. The consignor must provide to the carrier, prior to delivery of the goods and in writing, the following information regarding the goods to be transported:
(a) Dimensions, number or weight, and coefficient of arrimage of the goods;
(b) Trade marks necessary for the identification of goods;
(c) Nature, characteristics and properties of goods;
(d) Customs or administrative handling of goods;
(e) Other necessary indications to be included in the transport document.
The shipper must also hand over to the carrier, upon delivery of the goods, all the required accompanying documents.
3. The shipper shall, if the nature of the goods so requires, in the light of the agreed carriage, pack the goods so as to prevent their loss or damage from taking over to delivery by the carrier, and so that they may not cause damage to the vessel or other goods. In addition, the consignor shall, in the light of the agreed carriage, provide appropriate marking in accordance with applicable international or national regulations or, in the absence of such regulations, in accordance with generally accepted rules and practices in inland navigation.
4. Subject to obligations to the carrier, the consignor shall load the goods, arrimate them and hold them in accordance with the uses of inland navigation, unless the contract of carriage otherwise provides.
Article 7
Dangerous or polluting goods
1. If dangerous or polluting goods are to be transported, the consignor must, prior to the delivery of the goods, and in addition to the information provided in section 6, paragraph 2, specify in writing to the carrier the danger and risks of pollution inherent to the goods and the precautions to be taken.
2. If the transport of dangerous or polluting goods requires authorization, the consignor must submit the necessary documents at the latest upon delivery of the goods.
3. When the continued transport, unloading or delivery of dangerous or polluting goods is made impossible by the absence of an administrative authorization, the costs caused by the return of the goods to the cargo port or to a nearby place where they may be discharged and delivered or disposed of are at the expense of the shipper.
4. In the event of an immediate danger to persons, goods or the environment, the carrier is entitled to disembark, render harmless the goods or, provided that such a measure is not disproportionate to the danger they represent, destroy them even if, prior to their care, it has been informed or has been known by other means of the nature of the danger or the risks of pollution inherent in these goods.
5. The carrier may claim compensation for damage if it is entitled to take the measures referred to in paragraph 3 or 4 above.
Article 8
Disclaimer of shipper
1. The shipper, even if no fault may be charged to it, shall respond to all damages and expenses caused to the carrier or carrier substituted by the fact that:
(a) The information or details referred to in Article 6, paragraph 2, or Article 7, paragraph 1, are missing, incorrect or incomplete;
(b) Dangerous or polluting goods are not marked or labelled in accordance with applicable international or national regulations or, in the absence of such regulations, in accordance with generally recognized rules and practices in inland navigation;
(c) The necessary accompanying documents are missing, incorrect or incomplete.
The carrier may not invoke the shipper's responsibility if it is shown that the fault is attributable to the shipper's own office or agent. The same applies to the substitute carrier.
2. The consignor responds to the acts and omissions of the persons to whom he uses to perform the tasks and to comply with the obligations referred to in Articles 6 and 7, as if it were his own acts and omissions as long as those persons act in the performance of their duties.
Article 9
Termination of contract of carriage by the carrier
1. The carrier may terminate the contract of carriage if the shipper failed to comply with its obligations under section 6, paragraph 2, or in section 7, paragraphs 1 and 2.
2. If the carrier makes use of its right of termination, it may disembark the goods at the expense of the shipper and, at the option, claim to the payment of the following amounts:
(a) A third of the agreed cargo, or
(b) In addition to possible surests, compensation equal to the amount of expenses incurred and the damage caused, as well as, when the trip began, a proportional cargo for the portion of the voyage already carried out.
Article 10
Delivery of goods
1. Notwithstanding the obligation of the consignor referred to in Article 6, paragraph 1, the consignee who, after the arrival of the goods at the place of delivery, upon request of delivery, responds, in accordance with the contract of carriage, freight and other claims on the goods and its contribution in the event of a common grind. In the absence of a transport document or if it has not been submitted, the consignee responds to the agreed cargo with the shipper if it corresponds to the market practice.
2. The provision of the goods to the consignee, in accordance with the contract of carriage or the uses of the trade in question or the requirements in force at the unloading port. It is also considered to be a delivery imposed on an authority or a third party.
Chapter III
Transport documents
Article 11
Nature and content
1. The carrier shall prepare for each carriage of goods governed by this Convention a transport document; a bill of lading shall be established only if the shipper requests it and if it has been agreed so before loading the goods or before taking over for carriage. The absence of a transport document or the fact that it is incomplete does not affect the validity of the transport contract.
2. The original copy of the transport document must be signed by the carrier, the boatmaster or a person authorized by the carrier. The carrier may require the sender to countersign the original or a copy. The signature affixed may be handwritten, printed in facsimile, applied by perforation or by buffer, appear in the form of symbols or be reproduced by any other mechanical or electronic means if this is not prohibited by the law of the State where the transport document is issued.
3. The transport document shall, until proof of the contrary, be of the conclusion and content of the contract of carriage and of the carrier's handling of the goods. In particular, it is based on the presumption that the goods were taken over for transport as described in the transport document.
4. When the transport document is a bill of lading, only the bill of lading in the relations between the carrier and the consignee. The conditions of the contract of carriage remain decisive in the relations between the carrier and the shipper.
5. The transport document contains, in addition to its name, the following indications:
(a) The names, domiciles, seats or places of residence of the carrier and the shipper;
(b) The consignee of the goods;
(c) The name or number of the vessel, if the goods are taken on board, or the mention, in the transport document, that the goods have been taken over by the carrier but have not yet been loaded on board the vessel;
(d) The loading port or the support place and the unloading port or the place of delivery;
(e) The usual designation of the type of goods and their packaging and, for dangerous or polluting goods, their designation according to the requirements in force or, if not, their general designation;
(f) Dimensions, number or weight as well as markings for the identification of goods taken on board or taken in charge for transport;
(g) The indication, if any, that the goods may or must be transported in deck or open holds;
(h) The agreed cargo provisions;
(i) With respect to a car letter, the accuracy of an original or a copy; the number of original copies;
(j) The place and day of the show.
The legal nature of a transport document within the meaning of Article 1 (6) of this Convention shall not be affected by the failure of one or more of the indications referred to in this paragraph.
Article 12
Registration of reservations on transport documents
1. The carrier is entitled to register reservations on the transport document:
(a) Concerning the dimensions, number or weight of the goods, if it has reason to suspect that the consignor's indications are inaccurate or if it has not had sufficient means to control these indications, in particular because the goods have not been counted, measured or weighed in its presence, as well as because, without express agreement, the dimensions or weight have been determined by gauge;
(b) Concerning identification marks that have not been clearly and permanently affixed to the same goods or, if packed, on containers or packagings;
(c) Concerning the apparent state of the goods.
2. When the carrier does not mention the apparent state of the goods or does not issue any reservations on this matter, it is deemed to have mentioned in the transport document that the goods were in good apparent condition.
3. Where, in accordance with the indications in the transport document, the goods have been placed in a container or in holds of the vessel sealed by persons other than the carrier, its attendants or agents, and where neither the container nor the seals are damaged or broken until the unloading port or the place of delivery, it is assumed that the loss of goods or damage was not caused during the carriage.
Article 13
Knowledge
1. The original copies of a bill of lading are securities issued on behalf of the recipient, order or bearer.
2. Instead of delivery, the goods are delivered only against the delivery of the original copy of the billing presented in the first place; subsequently, the delivery cannot be required against the delivery of other original copies.
3. When the goods are taken over by the carrier, the handover of the bill of lading to a person authorized under the carrier to receive the goods, produces the same effects as the delivery of the goods in respect of the acquisition of rights on the goods.
4. Where the bill of lading has been transmitted to a third party, including the consignee, who acted in good faith on the basis of the description of the goods contained in the bill of lading, it may not be contrary to the presumption of Article 11, paragraph 3, and Article 12, paragraph 2.
Chapter IV
Right to dispose of goods
Article 14
Right to dispose
1. The shipper is authorized to dispose of the goods; the carrier may, in particular, require that the carrier not continue the carriage of the goods, that the carrier amend the place of delivery or deliver the goods to a consignee other than that specified in the transport document.
2. The right to dispose of the goods to which the shipper benefits shall cease as soon as the consignee, after the arrival of the goods at the intended place of delivery, has requested the delivery of the goods and,
(a) In the case of a carriage under cover of a consignment note, as soon as the original has been handed over to the consignee;
(b) In the case of a carriage under cover of a bill of lading, as soon as the shipper has discarded all original copies in his possession by handing them to another person.
3. By a corresponding mention in the consignment note, the consignor may, at the time the consignment of the consignor, waive its right to dispose for the benefit of the consignee.
Article 15
Conditions for the exercise of the right to dispose
The consignor or, in the case of Article 14, paragraphs 2 and 3, the consignee shall, if he wishes to exercise his right to dispose of:
(a) In respect of a bill of lading, present all original copies before the arrival of the goods at the intended delivery place;
(b) With respect to a transport document other than a bill of lading, present this document in which the new instructions given to the carrier must be entered;
(c) Reimburse to the carrier all costs and compensate for any damage caused by the execution of the instructions;
(d) Pay, in the case of unloading the goods before arrival at the intended place of delivery, all agreed cargo unless otherwise provided in the contract of carriage.
Chapter V
Liability of the carrier
Article 16
Liability for damage
1. The carrier is responsible for the damage caused by the losses or damage suffered by the goods from their care for the carriage to the delivery of the goods or resulting from the overtaking of the delivery period, unless it proves that the damage is the result of circumstances that a diligent carrier could not have avoided and the consequences of which it could not have obviated.
2. The liability of the carrier for damage resulting from loss or damage to the goods caused during the period before loading on board the vessel or after unloading is governed by the law of the State applicable to the contract of carriage.
Article 17
Submissions and agents
1. The carrier responds to the acts and omissions of its agents and agents to which it uses during the performance of the contract of carriage, in the same manner as its own acts and omissions, when these persons acted in the performance of their duties.
2. When the carriage is carried out by a carrier substituted under section 4, the carrier also responds to the acts and omissions of the substitute carrier and the attendants and agents of the substitute carrier, when these persons acted in the performance of their duties.
3. Where an action is taken against the attendants and agents of the carrier or of the substitute carrier, such persons may, if they demonstrate that they have acted in the performance of their duties, avail themselves of the same exemptions and limitations of liability as those of which the carrier or the substitute carrier may avail themselves under this Convention.
4. A pilot designated by an authority and unable to be freely chosen is not considered to be a manager or agent within the meaning of paragraph 1.
Article 18
Special liability exemptions
1. The carrier and the substitute carrier are exempt from their liability when the loss, damage or delay result from any of the circumstances or risks listed below:
(a) Acts or omissions of the consignor, consignee or person authorized to dispose of;
(b) Handling, loading, securing or unloading of the goods by the shipper or consignee or by third parties acting on behalf of the shipper or consignee;
(c) Carriage of goods in open deck or hold, if agreed with the shipper or conforms to the uses of the trade in question, or is required by the requirements in force;
(d) Nature of the goods exposed in whole or in part to loss or grinding, including by bris, rust, internal deterioration, desiccation, casting, normal road brake (by volume or weight) or by action of vermin or rodents;
(e) Absence or defect in the packaging, where the goods by their nature are exposed to losses or damage in the absence of packaging or in the case of defective packaging;
(f) Insufficient or imperfection of goods identification marks;
(g) Operations or attempts to rescue or rescue operations on inland waterways;
(h) Carriage of live animals, unless the carrier has not taken the measures or observed the instructions agreed in the contract of carriage.
2. Where, in light of the factual circumstances, a damage may have been caused by one of the circumstances or one of the risks listed in paragraph 1 of this article, it is presumed to have been caused by that circumstance or by that risk. This presumption disappears, if the victim proves that the harm does not or does not result exclusively from any of the circumstances or any of the risks listed in paragraph 1 of this section.
Article 19
Compensation calculation
1. When the carrier is responsible for the total loss of the goods, the compensation due by the carrier is equal to the value of the goods at the place and the day of delivery according to the contract of carriage. Delivery to a person other than a qualifying person is considered a loss.
2. When a partial loss or damage to the goods, the carrier only meets the value loss.
3. The value of the goods is determined according to the stock exchange value, if not the stock exchange, according to the market price and, if not both, according to the usual value of goods of the same nature and quality at the place of delivery.
4. For goods that, by their very nature, are exposed to a road brake, the carrier is liable, regardless of the duration of the carriage, only for the part of a brake that exceeds the normal road brake (by volume or weight) as fixed by the parties to the contract of carriage or, if not, by the regulations or uses in force at the place of destination.
5. The provisions of this Article shall not affect the carrier's right to cargo as provided for in the contract of carriage or, in the absence of special agreements on this point, by national regulations or applicable uses.
Rule 20
Maximum liability limits
1. Subject to section 21 and paragraph 4 of this section and any action against it, the carrier shall not in any case respond to amounts exceeding 666.67 units of account for each package or other unit of charge or 2 units of account for each kilogram of the weight mentioned in the transport document, of the goods lost or damaged, according to the highest amount. If the package or other cargo unit is a container and if not mentioned in the transport document of other parcels or cargo unit assembled in the container, the amount of 666.67 account units is replaced by the amount of 1,500 account units for the container without the goods it contains and, in addition, the amount of 25,000 account units for the goods contained therein.
2. Where a container, pallet or similar transport device is used to collect goods, any package or cargo unit indicated in the transport document that is in or on that device is considered to be a package or other loading unit. In other cases, goods in or on such devices are considered to be a single loading unit. When this device itself has been lost or damaged, the device is considered, if it is not owned by the carrier or is not provided by it, as a separate loading unit.
3. In the event of damage due to delay in delivery, the carrier only responds up to the amount of cargo. However, the cumulative amount due under paragraph 1 and the first sentence of this paragraph may not exceed the limit that would be applicable under paragraph 1 in the event of total loss of the goods for which liability is incurred.
4. The maximum liability limits referred to in paragraph 1 shall not apply:
(a) Where the nature and higher value of the goods or transport devices have been expressly mentioned in the transport document and the carrier has not refuted these details, or
(b) When Parties have expressly agreed to maximum limits of higher liability.
5. The total amount of compensation payable for the same damage by the carrier, the substitute carrier and their attendants and agents shall not exceed in total the limits of liability provided for in this section.
Article 21
Deprivation of the right to limit liability
1. The carrier or the substitute carrier may not avail itself of the exemptions and limits of liability provided for in this Convention or in the contract of carriage if it is proven that it has caused the damage by an act or omission committed, either with the intention of causing such damage, or shall be lessened and with conscience that such damage would likely result.
2. Similarly, employees and agents acting on behalf of the carrier or the substitute carrier may not avail themselves of the exemptions and limits of liability provided for in this Convention or in the contract of carriage, if it is proven that they have caused the damage in the manner described in paragraph 1.
Article 22
Application of exemptions and limits of liability
The exemptions and limits of liability provided for in this Convention or the contract of carriage shall apply for any action for the loss, damage or late delivery of the goods subject to the contract of carriage that the action shall be based on criminal or contractual liability or on any other basis.
Chapter VI
Claims
Article 23
Notice of damage
1. The unreserved acceptance of the goods by the consignee constitutes a presumption that the carrier has delivered the goods in the condition and quantity as they have been handed over to him for carriage.
2. The carrier and the consignee may require that the condition and quantity of the goods be recognized at the time of delivery in the presence of both parties.
3. If the loss or damage to the goods is apparent, any reservation of the consignee shall, unless the consignee and the carrier have found contradictoryly the condition of the goods, be formulated in writing indicating the general nature of the damage, at the latest at the time of delivery.
4. If the loss or damage to the goods is not apparent, any reservation of the consignee must be issued in writing indicating the general nature of the damage, no later than seven consecutive days from the time of delivery, the injured person must prove in this case that the damage was caused while the goods were in the custody of the carrier.
5. No compensation is payable for damage caused by delay in delivery, unless the consignee proves to have informed the carrier of the delay within twenty-one consecutive days of delivery of the goods and the notice has reached the carrier.
Article 24
Prescription
1. All actions arising from a contract governed by this Convention shall be prescribed within one year of the day on which the goods were or should have been delivered to the consignee. The day of departure of the prescription is not included within the time limit.
2. The person against whom an action has been initiated may at any time, during the limitation period, extend this period by a written statement to the injured person. This period may again be extended by one or more other statements.
3. The suspension and interruption of the prescription are governed by the law of the State applicable to the contract of carriage. The introduction of an appeal, in a distribution procedure for the implementation of limited liability for any claims arising from an event that resulted in damage, interrupts the prescription.
4. A recursory action of a person held liable under this Convention may be carried out even after the expiry of the limitation period provided for in paragraphs 1 and 2 of this article, if a procedure is initiated within 90 days of the day on which the person exercising the recursory action has been entitled to the claim or has been assigned or if a procedure is initiated within a longer period prescribed by the law of the State where the proceedings are initiated.
5. The prescribed action cannot be exercised in the form of a counterclaim or an exception.
Chapter VII
Limitations of contractual freedom
Rule 25
Clauses struck by invalidity
1. Any contractual stipulation to exclude or limit or, subject to the provisions of Article 20, paragraph 4, to increase the liability, within the meaning of this Convention, of the carrier, the substitute carrier or their attendants or agents, to overturn the burden of proof or to reduce the time limits of claim and limitation referred to in Articles 23 and 24 is void. There is also no provision to give the carrier the benefit of the insurance of the goods.
2. Notwithstanding the provisions of paragraph 1 of this article, and without prejudice to section 21, the contractual clauses stipulating that the carrier or carrier substituted does not meet any damage caused:
(a) By an act or omission by the conductor of the vessel, the pilot or any other person in the service of the vessel or the pusher or the tug during the nautical conduct or during the formation or dissolution of a pushed convoy or a towed convoy, provided that the carrier has fulfilled the obligations relating to the crew provided for in Article 3, paragraph 3, unless the act or omission results from an intention of causing damage
(b) By fire or an explosion on board the vessel without the possibility of proving that the fire or explosion results from the fault of the carrier, the substitute carrier or their attendants and agents or a defect of the vessel;
(c) By defects of his boat or a chartered or chartered boat existing prior to the trip if he proves that these defects could not be detected before the start of the trip despite due diligence.
Chapter VIII
Additional provisions
Rule 26
Common seas
This Convention does not affect the application of the provisions of the contract of carriage or domestic law relating to the calculation of the amount of damages and mandatory contributions in the case of a common avarie.
Rule 27
Other applicable provisions and nuclear damage
1. This Convention does not affect the rights and obligations of the carrier resulting from international conventions or provisions of domestic law relating to the limitation of liability of boat owners or ships.
2. The carrier is released from liability under this Convention on the basis of damage caused by a nuclear accident if the operator of a nuclear facility or another authorized person responds to that damage under the laws and regulations of a State governing liability in the field of nuclear energy.
Rule 28
Account Unit
The unit of account referred to in Article 20 of this Convention is the special drawing right established by the International Monetary Fund. The amounts referred to in Article 20 shall be to be converted into the national currency of a State following the value of that currency at the date of judgment or at a date agreed by the Parties. The value, in special drawing rights, of the national currency of a State Party shall be calculated on the basis of the assessment method effectively applied by the International Monetary Fund on the date in question for its own transactions and transactions.
Rule 29
Additional national provisions
1. In the absence of provisions of this Convention, the contract of carriage shall be governed by the law of the State which the Parties have chosen.
2. In the absence of choice, the applicable law is that of the State with which the contract of carriage presents the closest links.
3. It is presumed that the contract of carriage presents the closest links with the State in which the principal establishment of the carrier is located at the time of the conclusion of the contract, if the loading port or the place of care, or the unloading port or the place of delivery or the principal establishment of the shipper is also in that State. If the carrier does not have an establishment on land and has entered into the contract of carriage on board its vessel, it is presumed that the contract has the closest links with the State in which the vessel is registered or which it is flying the flag, if the port of loading or the place of care, or the port of discharge or the place of delivery or the principal establishment of the shipper is also in that State.
4. The law of the State in which the goods are located governs the real guarantee to which the carrier benefits for the claims referred to in Article 10, paragraph 1.
Chapter IX
Declarations on the scope of application
Rule 30
Transport on certain inland waterways
1. Any State may, at the time of signature of this Convention, its ratification, acceptance, approval or accession, declare that it shall not apply this Convention to contracts relating to carriage on which the journey borrows certain inland waterways located in its territory, not subject to an international navigation regime and that it does not constitute a link between such international inland waterways. However, such a declaration cannot mention all the main inland waterways of that State.
2. If the purpose of the contract of carriage is to transport goods without trans-shipment on both inland waterways not mentioned in the declaration referred to in paragraph 1 of this article and on inland waterways mentioned in that declaration, this Convention shall also apply to that contract unless the distance to be travelled on these latter routes is the longest.
3. Where a declaration has been made in accordance with paragraph 1 of this Article, any other Contracting State may declare that it shall not apply the provisions of this Convention to the contracts referred to in that declaration either. The declaration made in accordance with this paragraph shall be effective at the time of the entry into force of the Convention for the State which has made a declaration in accordance with paragraph 1, but at the earliest time at the time of the entry into force of the Convention for the State which has made a declaration in accordance with this paragraph.
4. The declarations referred to in paragraphs 1 and 3 of this article may be withdrawn, in whole or in part, at any time, by a notification to that effect to the depositary, indicating the date on which the reservation will cease to have effect. The withdrawal of these declarations does not affect the contracts already entered into.
Rule 31
National or free transport
Any State may, at the time of signature of this Convention, its ratification, acceptance, approval, accession or at any later time, declare that it will also apply this Convention:
(a) To transport contracts according to which the loading port or the place of care and the unloading port or the place of delivery are located on its own territory;
(b) In derogation from Article 1, paragraph 1, to free transport.
Rule 32
Regional liability regulations
1. any State may, at the time of signature of this Convention, of its ratification, of its acceptance, of its approval, of its accession or at any later time, declare that for the carriage of goods carried out between ports of loading or places of care and ports of discharge or places of delivery located either on its own territory or on the territory of a State having made the same declaration, the carrier caused
2. The liability regulations referred to in paragraph 1 shall enter into force between two Contracting States at the time of the entry into force of this Convention in the second State having made the same declaration. If a State makes that declaration after the Convention has entered into force for it, the liability regulation referred to in paragraph 1 comes into force on the first day of the month following the expiration of a period of three months from the notification of the declaration to the depositary. Liability regulations are only applicable to transport contracts signed after entry into force.
3. A declaration made in accordance with paragraph 1 may be withdrawn at any time by a notification to the depositary. In the event of withdrawal, the liability regulation referred to in paragraph 1 shall cease to have effect on the first day of the month following the notification or at a later time specified in the notification. The withdrawal does not apply to transport contracts signed before the liability regulations cease to have effect.
Chapter X
Final provisions
Rule 33
Signature, ratification, acceptance, approval, accession
1. This Convention shall be open for one year for signature by all States at the seat of the depositary. The deadline for signature begins at the date on which the depositary notes that all authentic texts of this Convention are available.
2. States may become Parties to this Convention:
(a) By signing it without reservation of ratification, acceptance or approval;
(b) By signing it subject to ratification, acceptance or subsequent approval, then by ratifying, accepting or approving it;
(c) By acceding to it beyond the deadline for signature.
3. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
Rule 34
Entry into force
1. This Convention shall enter into force on the first day of the month following the expiration of a period of three months from the date on which five States have signed this Convention without reservation of ratification, acceptance or approval or deposited their instruments of ratification, acceptance, approval or accession with the depositary.
2. For the State that would sign this Convention without reservation of ratification, acceptance or approval or would deposit instruments of ratification, acceptance, approval or accession with the depositary after the entry into force of this Convention, the depositary shall enter into force on the first day of the month following the expiration of a period of three months after the signature without reservation of ratification, acceptance or approval or of the deposit of the instruments
Rule 35
Denunciation
1. This Convention may be denounced by a State Party upon the expiration of one year from the date on which it entered into force for that State.
2. The notification of denunciation is filed with the depositary.
3. The denunciation shall take effect on the first day of the month following the expiration of a period of one year from the date of filing of the notification of denunciation or after a longer period referred to in the notification of denunciation.
Rule 36
Revision and amendment
At the request of at least one third of the Contracting States to this Convention, the depositary shall convene a conference of the Contracting States to revise or amend this Convention.
Rule 37
Revision of limits and account unit amounts
1. Notwithstanding the provisions of Article 36, where a revision of the amounts set out in Article 20, paragraph 1, or the replacement of the unit defined in Article 28 by another unit is proposed, the depositary, at the request of at least one quarter of the States Parties to this Convention, shall submit the proposal to all members of the United Nations Economic Commission for Europe, of the Central Commission for the Navigation of the Rhine and of the Contracting
2. The conference shall be convened no later than six months from the day the proposal is transmitted.
3. All Contracting States to the Convention are entitled to participate in the conference, whether they are members of the organizations referred to in paragraph 1 or not.
4. Amendments shall be adopted by a two-thirds majority of the Contracting States to the Convention represented at the conference and participating in the voting, provided that at least half of the Contracting States to the Convention are represented at the voting.
5. During the consultation on the amendment of the amounts set out in section 20, paragraph 1, the conference takes into account the lessons learned from the events that resulted in damages, including the extent of the damage caused, changes in the monetary value and the impact of the proposed amendment on insurance costs.
6. (a) The amendment of the amounts in accordance with this Article may take place no later than five years from the date of the opening of this Convention at the time of signature and no later than five years after the day on which an amendment has entered into force earlier, in accordance with this Article.
(b) An amount may not be increased to the extent to exceed the maximum liability limits set out in this Convention, increased by 6% per year, calculated on the basis of the principle of interest compounded on the day of the opening of this Convention for signature.
(c) An amount may not be increased to the extent that it exceeds the three-fold maximum liability limits established by this Convention.
7. The depositary shall notify all Contracting States of any amendment adopted in accordance with paragraph 4. The amendment shall be deemed to be accepted after a period of eighteen months following the day of the notification, unless at least one quarter of the States that were Contracting States at the time of the decision on the amendment informed the depositary that they do not accept that amendment; in this case, the amendment is rejected and does not come into force.
8. An amendment deemed to be accepted pursuant to paragraph 7 comes into force eighteen months after acceptance.
9. All Contracting States shall be bound by the amendment unless they denounce this Convention in accordance with Article 35 no later than six months before the entry into force of the amendment. The denunciation takes effect on the entry into force of the amendment.
10. When an amendment has been adopted but the 18-month period for acceptance is not expired, a State that becomes a Contracting State during that period is bound by the amendment if it comes into force. A State that becomes a Contracting State after that period is bound by an amendment accepted in accordance with paragraph 7. In the cases referred to in this paragraph, a State shall be bound by an amendment as soon as it enters into force or as soon as this Convention enters into force for that State if it subsequently intervenes.
Rule 38
Depositary
1. This Convention shall be deposited with the Government of the Republic of Hungary.
2. The depositary:
(a) To communicate to all States that participated in the Diplomatic Adoption Conference of the Budapest Convention on the Contract for the Carriage of Goods in Inland Navigation this Convention in the official language version that was not yet available at the Conference for its verification;
(b) Inform all States referred to in letter (a) of any proposed amendments to the text communicated in accordance with letter (a);
(c) Acknowledging the date on which all official language versions of this Convention have been brought into conformity and are to be considered authentic;
(d) To communicate to all States referred to in letter (a) the date recorded in accordance with letter (c);
(e) Remit to all States having been invited to the Diplomatic Adoption Conference of the Budapest Convention on the Contract for the Carriage of Goods in Inland Navigation and to those having signed or acceded to this Convention, certified copies of this Convention;
(f) Informs all States that have signed or acceded to this Convention:
(i) Any new signature, notification and any declaration, including the date of signature, notification or declaration;
(ii) From the date of entry into force of this Convention;
(iii) Any denunciation of this Convention with the date on which it takes effect;
(iv) Any amendment decided in accordance with Articles 36 and 37 of this Convention with the date of entry into force;
(v) Any communication required by a provision of this Convention.
3. Following the entry into force of this Convention, the depositary shall transmit to the United Nations Secretariat a certified true copy of this Convention for registration and publication in accordance with Article 102 of the Charter of the United Nations.
Done in Budapest on 22 June 2001, in an original copy, each of which is in German, English, French, Dutch and Russian.
The undersigned Plenipotentiaries, duly authorized to do so by their Governments, have signed this Convention.
Done in Paris, 27 February 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
