LAW No. 27 of 24 March 1992 to ratify "the Protocol of 1990" relating to the amendment of the Convention with regard to international transport rail (COTIF) of 9 May 1980 published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 55 from 1 April 1992 the Parliament of Romania adopts this law.
The sole article Shall ratify "the Protocol of 1990" relating to the modification of the Convention concerning international carriage rail (COTIF) of 9 May 1980, concluded at Berne on 20 December 1990.
This law was adopted by the Senate at its meeting on 8 January 1992, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Chamber of deputies at its meeting on 16 March 1992, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES MARTIAN D Appendix 1 PROTOCOL 1990 "relating to the amendment of the Convention with regard to international transport rail (COTIF) of 9 May 1980 (translation) In accordance with articles 6 and 19, amp; 2 of the Convention on the international transport by rail (COTIF), signed at Berne on May 9, 1980, the second session of the General Assembly of the Intergovernmental Organisation for International Rail Transport (OTIF) held in Bern from 17 to 20 December 1990.
Taking into consideration the need to amend the provisions of COTIF in order to adapt them to the new necessities of international community and international transport, the Contracting Parties have agreed upon the following: DECISIVE CHANGES the GENERAL ASSEMBLY Article 1 Amendments relating to the Convention itself Article 1) 2 text-Completion of COTIF to amp; 2 a new paragraph 2, as follows: "Are assimilated to carriage performed on a line within the meaning of the preceding paragraph, other internal transport, carried out under the responsibility of completing railways, rail transport."
2) article 3 of the COTIF-changing text at amp; 2 as follows: "amp; 2 the lines referred to in article 2, amp; 1 and amp; 2, paragraph 1, Specifying that "the text of the first paragraph-from amp; 3 in the following manner: "amp; 3 undertakings to which they belong to lines referred to in article 1. 2, amp; 2, first paragraph, recorded in "3) article 4-completing text COTIF as follows:" The texts that follow, the Convention covers the Convention itself, the Protocol referred to in the first article, amp; 2 (2). 2, an additional mandate for checking accounts and Appendix A and B together with their annexes, referred to in art. 3, amp; amp; 1 and 4. "
4) article 7-modification of the text of COTIF to amp; 1, the first paragraph as follows: "amp; 1. the Administrative Committee shall be composed of representatives of the twelve Member States. "
-The first phase of the paragraph 2 of the amp; 1 the words: "and assumes the chairmanship of the Committee."
-Completion of the text of the amp; 2, letter a), as follows: ") establishes regulation or inner and appoints a majority of two thirds of votes Member State assumes the Presidency for every 5-year period;"
-Completion of the text of the amp; 2, letter d), with a new paragraph 2, as follows: "the Director-general and Deputy Director-general shall be appointed for a period of five years which shall be renewable. '
5) article 11 COTIF-replacing text from amp; 7 with the following: "amp; 7 Checking accounts is carried out by the Swiss Government, on the basis of the rules laid down in the additional mandate annexed to the Convention itself and subject to any specific directives of the Administrative Committee, in accordance with the provisions of the financial regulation and of the organization. "
6) article 19 COTIF-text Completion from the amp; 3 a new paragraph a), reads: "the additional Mandate for checking) accounts;"
-The letters a and b)) become respectively the letters b) and (c)).
-The Protocol on the privileges and immunities accorded OTIF is introduced next Annex: supplementary Mandate for checking "accounts 1. Checker check all accounts of the Organization, including trust funds and special accounts, as it deems reasonably necessary to ensure that: a the financial statements are in accordance) with the books and records of the Organization;
b) financial transactions which are the subject of statements have been made in accordance with the rules and regulations, the budgetary provisions and other directives of the Organization;
c) values and cash deposited in the Bank or in the House have been verified either on the basis of certificates received directly from storage organization is actually counted;
d internal controls), including internal verification of accounts, were appropriate;
all the elements of e) assets and liabilities, as well as all surpluses and deficits have been accounted for in accordance with procedures that he considers satisfactory.
2. The verifier is only competent to accept, in whole or in part, atestarile or justifications provided by the Director-general. If you consider it appropriate, he may proceed with the review and verification of detailed accounting of all parts relating either to financial operations, either at the supplies and materials.
3. The verifier has free access at all times, to all books, records, accounts and other information that considers that it needs.
4. The verifier does not have jurisdiction to eliminate any of the headings of the accounts, but it draws the attention of the Director-general immediately on all transactions whose regularity or opportunity i would appear questionable, for it to take the necessary measures.
5. The verifier shall present a certificate and sign over the financial statements using the following formula: "we have examined the financial statements of the Organization for the financial year which ended on 31 December. My examination consisted of a general analysis of the accounting methods and accounting parts and other supporting documents which I have found necessary on this occasion. " This certificate indicate, where applicable, that: (a)) financial documents adequately reflect the financial position at the date of expiry of the period under consideration, as well as the results of operations carried out during the period ended on that date;
b) financial documents have been prepared in accordance with accounting principles;
c) financial principles were applied according to modalities that commit those adopted during the preceding financial year;
d) financial operations were carried out in accordance with the rules and regulations, the budgetary provisions and other directives of the organization.
6. In the report or financial transactions, mentions Verifier: a) the nature and scope of the verification from doing;
b) items relating to the completeness or accuracy of the accounts, including with the following cases: 1 ^ 0. the information needed to correct interpretation and appreciation of accounts;
2 ^ 0. any amount which should have been charged, but has not been named in the account;
3 ^ 0. any amount which has been the subject of a pledge or conditional expenditure and that has not been counted or who have not been taken into account in the financial statements;
4 ^ 0. expenses for which were not supplied enough supporting pieces;
5 ^ 0. the extent to which papers were drawn up account and kept after all legal forms. You have revealed instances in which the presentation of the financial statements deviate from generally accepted accounting principles consistently applied and;
c) other issues about which you have drawn the attention of the Administrative Committee, e.g., 1 ^ 0. cases of fraud or suspected fraud;
2 ^ 0. waste or misuse of funds or other possessions of the Organization (even when the accounts relating to the performed operations would be the rule);
3 ^ 0. expenditure is likely to draw considerable subsequent costs for the Organization;
4 ^ 0. any general or particular Vice,, of controlling income and expenses or supplies and materials;
5 ^ 0. improper spending intentions of the Committee, taking into account the transfers with forms in rule approved under budget;
6 ^ 0. extra credit, taking into account amendments resulting from transfers with forms in rule approved under budget;
7 ^ 0. expenses which are not in accordance of the authorisations that govern them;
d) the accuracy or inaccuracy of the accounts relating to the supplies and materials drawn up according to the inventory and control of documents.
Among other things, the report may contain situation transactions were accounted for during the previous exercise and in respect of which new information has been obtained or transactions must be made during an exercise at a later date, it is desirable to be informed in advance of the Administrative Committee.
7. The verifier shall not, under any circumstances, make critical endorsements in the report or in advance to give the Director general an adequate to explain.
8. The verifier shall notify the Administrative Committee and the Director-general its findings of the scrutiny. He may, in addition, the Director-general to submit any comments you deem appropriate, regarding the financial report of the Director general.
9. To the extent that the Verifier proceeded to a brief verification or was unable to obtain sufficient evidence, he should mention it in the report or certification and, noting the reasons why his remarks, as well as the consequences resulting from this situation and financial operations accounted for. "
Article 2 amendments to the uniform rules CIV 1. Article 1 CIV-changing text from amp; 1 as follows: "amp; 1. subject to the exceptions provided for in art. 2, 3 and 33, Uniform Rules shall apply to all carriage of passengers and baggage, including motor vehicles, conducted with international titles, made for a journey that crosses the territories of at least two States and that includes exclusive lines entered in the list referred to in article 1. 3 and 10 of the Convention, as well as, where appropriate, for shipments treated as according to art. 2, amp; 2, paragraph 1. 2 of the Convention.
Uniform rules shall apply equally in respect of the liability of railways in case of death and injury of passengers, persons who accompany the consignment whose carriage has been performed in accordance with the Uniform Rules concerning the contract for international carriage of goods by rail (CIM) "2. Article 14-expanding text CIV at amp; 1 with the following phrase: "amp; 1. For the carriage of motor vehicles, rail may provide motor vehicle passengers in lag during transport. "
3. Article 17-modification to the current text CIV at amp; 2 and adding a new paragraph 2 as follows: "amp; 2 International Rates can admit as checked baggage, subject to certain conditions, animals and objects that are not targeted at amp; 1, as well as transportation vehicles at or without trailer.
The conditions of transport of motor vehicles shall, in particular, the conditions for acceptance for carriage, registration, loading and carriage, the form and content of the transport document shall bear the logo of the CIV, the conditions of discharge and release, as well as the obligations of the conductor in relation to the vehicle, loading and unloading "4. Article 41 amendment of CIV-title "Cars"-changing text from amp; 1 as follows: "amp; 1 in case of delay in loading from a cause imputable to the railways or delay release of a motor vehicle, rail must pay when the one entitled this proves that resulted in a loss, the amount of compensation may not exceed the rate of transport of vehicle. "
-Changing text from amp; 3 as follows: "amp; 3 in the event of total or partial loss of a vehicle the compensation payable to the one entitled to damage proved shall be calculated after the usual value of the vehicle and may not exceed 8,000 units of account.
-Changing text from amp; 4 as follows: "amp; 4 regarding the objects placed in the vehicle, the railway is not responsible for damage caused by his fault. The total compensation payable shall not exceed 1,000 units. The railway is not responsible for items placed in the outside of the vehicle in the event of wilful. "
-Replay at amp; 5 the second sentences from the current amp; 3: "amp; 5 a trailer with or without load is considered to be a "vehicle-new Replay amp; the present text 6 amp; 5, with slight modifications: "amp; 6 other provisions relating to liability for luggage are applicable to the transportation of motor vehicles ' (5). Article 42 amendments CIV title as follows: "the forfeiture of the right to invoke the limits of liability"-change the text of the first paragraph as follows: "the provisions of art. 30, 31 and 38-41 of Uniform Rules or those laid down by national law, which limit the compensation to a specific amount determined shall not apply if it is proved that the damage resulted from an act or omission on which the railroad has committed either with intent to cause such damage either intentionally and having consciousness could result such damage. "
-Suppression of the text paragraph 2.
6. Article 43 CIV-completing the title as follows: "conversion and interest to compensation"-adding a new amp; 1 with the following content: "amp; 1 When calculating the compensation involves the conversion of the amounts expressed in monetary units, it is made after the course of the day and place of payment of compensation. "
-amp; amp; 1, 2, 3 and 4 become amp; amp; 2, 3, 4 and 5.
7. Article 53 CIV-changing text to the first paragraph of the amp; 1 as follows: "amp; 1 any action that justified, founded on the liability of railways in case of death and injury of passengers is off if he didn't report the accident occurred to the traveller, within 6 months from knowing the damage, to one of the railways which may present a complaint pursuant to article 5. 49, amp; 1. "8. Article 55-CIV text Completion from the amp; 2, paragraph 2, as follows: "However, the prescription is 2 years, if the action is founded on a damage resulting from an act or omission committed either with the intent to cause such damage either intentionally and having consciousness could result such damage."
-Suppression of letters) and (b)).
Article 3 amendments to Uniform Rules CIM 1. Article 1 CIM-Filling at the end of the text of the amp; 1, as follows: "amp; 1 subject to the provisions of the Convention, as appropriate, for consignments in accordance with articles similar in nature. 2, amp; 2 (2). 2 of the Convention. "
2. Article 18 CIM-Simplification of the text in the following way: "the Baby is responsible for the accuracy of the indications made by care in the carriage. It supports all the consequences resulting from the fact that these particulars would be irregular, incomplete or inaccurate statements made elsewhere than in the place reserved for each of them. "
-Suppression of the last sentences.
3. In article 40 The CIM-amp; 2, the Suppression of the following terms: "subject to the limitation provided for in art. 45. "-Suppressing amp; 4. Article 43 CIM-changing text from amp; 1 as follows: "amp; 1 If a damage, including damage, from an overdue of execution of the contract of carriage, the railroad must pay a compensation which shall not exceed cvadriplul transport tariff. "
5. Article 44 amendment of CIM-title as follows: "the forfeiture of the right to invoke the limits of liability."
-Changing text to the first paragraph as follows: "the limits of liability set out in art. 25, 26, 30, 32, 33, 40, 42, 43, 45 and 46 shall not apply if it is proved that the damage resulted from an act or omission committed by rail, either with intent to cause such damage either intentionally and having consciousness could result such damage. "
6. Article 47 amendment of CIM-title as follows: "conversion and interest to compensation"-completion of article 47 with a new amp; 1, thus: "amp; 1 When calculating the compensation involves the conversion of the amounts expressed in monetary units, it is made after the course of the day and place of payment of compensation. "
7. Article 58 of the CIM-expanding text at amp; and (b). c) as follows: "(c)) founded on a damage resulting from an act or omission committed either with the intent to cause damage either intentionally and having consciousness could result such damage;"
-Suppression of the text from the amp; 1 letter d).
-Letter "e") gets the letter d).
FINAL PROVISIONS Article 4 signature, ratification, acceptance, approval of amp; 1 this protocol shall remain open in Bern, the Swiss Government, under the auspices of Government depository until 30 June 1991, for signature by the States which have been invited to the second general meeting of the Intergovernmental Organisation for international transport Rail (OTIF).
amp; in accordance with the provisions of article 2. 20 amp; 1 this protocol shall be the COTIF, subject to ratification, acceptance or approval; instruments of ratification, acceptance or approval shall be submitted in the shortest possible period to the Depositary Government.
Article 5 entry into force this protocol contained in Decisions shall enter into force on the first day of the twelfth month following that during which the Depositary Government notified them the Member States deposit the instrument through which they are satisfied the requirements of article. 20, amp; 2 COTIF.
Article 6 Accession States which were invited to the second General Assembly of OTIF, have not signed this protocol within the time limit provided for in art. IV, amp; 1, can join this lodging an instrument of accession with the Depositary Government.
Article 7 relationship between COTIF and protocol States that belong to the COTIF may become party to this protocol.
Article 8 the text of the Protocol this protocol shall be concluded and signed in the French language.
The French text are side by side the official translations in German, English, Arabic, Italian and Dutch.
Only the French text is decisive.
In witness whereof, the undersigned, duly authorised thereto by the Plenipotentiary legally by their respective Governments, have signed this protocol.
Done at Berne, on December 21st, one hundred and ninety one thousand new, in a single original in French, which remain deposited in the archives of the Swiss Confederation. A certified copy will be sent to each of the participating States.