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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

Original Language Title:  LEGE nr. 27 din 24 martie 1992 pentru ratificarea "Protocolului 1990" referitor la modificarea Convenţiei cu privire la transporturile internaţionale feroviare (COTIF) din 9 mai 1980

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LEGE No. 27 of March 24, 1992 for the ratification of the 'Protocol 1990' on the amendment of the Convention on International Carriage by Rail (COTIF) of 9 May 1980
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 55 of 1 April 1992



The Romanian Parliament adopts this law + Article UNIC The "Protocol 1990" on the amendment of the Convention on International Rail Transport (COTIF) of 9 May 1980, concluded in Bern on 20 December 1990, is hereby ratified. This law was adopted by the Senate at the meeting of 8 January 1992, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Chamber of Deputies at the meeting of March 16, 1992, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN + Annex 1 "PROTOCOL 1990" on the amendment of the Convention on International Carriage by Rail (COTIF) of 9 May 1980 (translation) In accordance with Articles 6 and 19, amp; 2 of the Convention on International Rail Transport (COTIF), signed in Bern on 9 May 1980, the second session of the General Assembly of the Intergovernmental Organisation for Transport International Railway (OTIF) was held in Bern from 17 to 20 December 1990. Taking into consideration the need to fine the provisions of the COTIF in order to adapt them to the new needs of the international community and international transport, the Contracting Parties have agreed on the following: AMENDMENTS DECIDED BY THE GENERAL ASSEMBLY + Article 1 Amendments relating to the Convention itself 1) Article 2 COTIF -Completing the text from amp; 2 with a new paragraph 2, having the following content: " They shall be assimilated to consignments carried out on a line, for the purposes of the preceding paragraph, to the other internal consignments carried out on the responsibility of the railway 2) Article 3 COTIF -Change the text from amp; 2 as follows: " amp; 2 Lines referred to in Article 2, amp; 1 and amp; 2, first paragraph, which ... " -Specify the text of the first paragraph of amp; 3 in the following way: " amp; 3 Businesses to which the lines referred to in art. 2 2, amp; 2, first paragraph, entered in ... " 3 3) Article 4 COTIF -Completion of the text as follows: " In the following texts, the expression of the convention covers the convention itself, the protocol referred to in the first article, amp; 2 para. 2, the additional mandate for the verification of accounts and Appendix A and B, together with their annexes, shown in art. 3, amp; amp; 1 and 4. " 4 4) Article 7 COTIF -Change of text from amp; 1, first paragraph, as follows: " amp; 1 The Administrative Committee shall be composed of representatives of twelve Member States. " -Removal from the first phase of paragraph 2 from amp; 1 of the words: "... and assume the chairmanship of the committee." -Completion of text from amp; 2, letter a), as follows: "" a) establish its internal rules and designate by a majority of two thirds votes the Member State which assumes the presidency for each 5-year period; ' -Completion of the text from amp; 2, letter d), with a new paragraph 2, having the following content: " the Director-General and the Deputy Director-General shall be appointed for a period of 5 years, which may be renewed; ' 5 5) Article 11 COTIF -Replacing the text from amp; 7 with the following: " amp; 7 The clearance of accounts is carried out by the Swiss Government, on the basis of the rules fixed in the addendum annexed to the Convention itself and subject to any special directives of the Administrative Committee, in accordance with the provisions of the organisation's financial and accounting rules 6 6) Article 19 COTIF -Completing the text from amp; 3 with a new letter a), having the following content: "" a) Additional mandate for clearance of accounts; ' -points a) and b) shall become respectively, points b) and c). -The following Annex is inserted after the Protocol on OTIF privileges and immunities: " Additional mandate for checking accounts 1. The verifier verifies the organization's accounts, including all trust funds and special accounts, as it deems necessary, to ensure that: a) financial statements are in accordance with the organization's books and documents; b) the financial operations covered by the situations have been carried out according to the rules and regulations, budgetary provisions and other directives of the organization; c) the values and cash deposited in the bank or in the house have been verified either on the basis of certificates received directly from the organization's depositaries, or actually counted; d) internal controls, including internal clearance of accounts, were appropriate; e) all elements of the asset and liability, as well as all surpluses and deficits, have been accounted for according to procedures which he considers satisfactory. 2. The verifier shall be the only one competent to accept, in whole or in part, the attestations or justifications provided by the If he considers it appropriate, he may proceed with the examination and detailed verification of all accounting parts relating to either financial operations or supplies and materials. 3. The verifier shall have free access, at any time, to all registers, documents, accounting documents and other information that he believes he needs. 4. The verifier is not competent to remove any of the accounts headings, but immediately draws the general manager's attention to all operations whose regularity or opportunity would seem questionable to him, for the latter to take necessary measures. 5. The verifier shall submit and sign an attestation on the financial statements, having the following wording: " We examined the financial statements of the organization for the financial year ending December 31, ....... My examination consisted of a general analysis of accounting methods and the control of accounting and other supporting documents that seemed necessary to me on this occasion. " Such attestation shall indicate, where appropriate, that: a) the financial documents satisfactorily reflect the financial situation at the expiry date of the period taken into account, as well as the results of the operations carried out during the period ending on this date; b) the financial documents have been prepared according to the accounting principles; c) the financial principles have been applied in accordance with arrangements consistent with those adopted during the preceding financial year; d) financial operations were carried out in accordance with the rules and regulations, budgetary provisions and other directives of the organization. 6. In its report on financial operations, the verifier shall specify: a) the nature and extent of the verification to which it has b) the elements related to the completeness or accuracy of the accounts, including the following cases: 1 1 ^ 0. the information necessary for the correct interpretation and assessment of the accounts; 2 2 ^ 0. any amount that should have been collected, but which was not passed into the account; 3 3 ^ 0. any amount that has been the subject of a normal or conditional expenditure commitment and which has not been accounted for or has not been taken into account in the financial statements; 4 4 ^ 0. expenditure for which not sufficient supporting parts have been provided; 5 5 ^ 0. the extent to which the account borderos have been drawn up and kept after all legal forms. The cases in which the material presentation of financial statements deviates from the generally accepted and constantly applied accounting principles must be revealed; c) other issues to which the Administrative Committee should be drawn, for example: 1 1 ^ 0. cases of fraud or presumption of fraud; 2 2 ^ 0. wastage or misuse of funds or other possessions of the organisation (even when accounts relating to the operations carried out would be fine); 3 3 ^ 0. expenditure which risks entailing considerable subsequent costs for the organisation; 4 4 ^ 0. any vice, general or particular, of the revenue and expenditure control system or supplies and materials; 5 5 ^ 0. the expenses of the administrative committee's intentions, taking into account the transfers of forms to the budget; 6 6 ^ 0. the credit overruns, taking into account the changes resulting from the transfers with forms in the rule authorised within the budget; 7 7 ^ 0. expenditure which is not in conformity with the authorisations governing them; d) the accuracy or inaccuracy of the accounts relating to the supplies and materials, drawn up according to the inventory and control of the documents. Among other things, the report may contain the statement of operations that have been accounted for in the course of a previous exercise and on which new information or operations to be taken during a subsequent exercise have been obtained, and about which it is desirable to inform the Administrative Committee in advance. 7. The verifier shall, under no circumstances, make any critical claims in its report without giving the Director-General an adequate opportunity to explain himself in advance. 8. The verifier shall communicate to the Administrative Committee and to the Director-General the findings He may, in addition, submit to the Director-General any comments he considers appropriate, relating to the financial report of the Director-General. 9. In so far as the verifier has proceeded to a summary check or has not been able to obtain sufficient justification, he must mention it in his attestation and his report, stating the reasons for his observations, as well as the consequences resulting from this for the accounts and financial operations accounted for. '; + Article 2 Amendments to the CIV uniform rules 1. Article 1 CIV -Change the text from amp; 1 as follows: " amp; 1 Subject to the exceptions provided in art. 2 2, 3 and 33, Uniform rules it applies to all passenger and baggage transport, including motor vehicles, carried out with international transport titles, drawn up for a journey which crosses the territories of at least two States and comprising exclusively lines entered in the list provided in art. 3 3 and 10 of the Convention, as well as, as the case may be, for shipments assimilated according to 2, amp; 2, para. 2 2 of the convention. The uniform rules shall apply equally as regards the liability of the railway in the event of death and injury to passengers, of persons accompanying the expedition whose transport has been carried out under the uniform rules concerning the contract of international rail freight transport (CIM) " 2. Article 14 CIV -Completing the text from amp; 1 with the following phrase: " amp; 1 ... For the transport of motor vehicles, the railway may provide for the stay of passengers in the vehicle during transport. " 3. Article 17 CIV -Change the current text to amp; 2 and complete with a new paragraph 2, as follows: " amp; 2 International tariffs can admit as luggage, under certain conditions, animals and objects that are not targeted at amp; 1, as vehicles handed over to transport with or without a trailer. The transport conditions of motor vehicles specify, in particular, the conditions for admission to transport, registration, loading and transport, the form and content of the transport document which must bear the CIV logo, the conditions of unloading and release, as the obligations of the conductor in respect of his vehicle, loading and unloading " 4. Article 41 CIV --Change of title "Motor vehicles" -Change the text from amp; 1 as follows: " amp; 1 In the event of delay in loading from a cause attributable to the railway or the delay of a motor vehicle, the railway must pay, when the rightful one proves that from this resulted a damage, a compensation of the amount of which may not exceed the transport tariff of the vehicle. ' -Change the text from amp; 3 as follows: " amp; 3 In case of total or partial loss of the vehicle, the compensation payable to the one entitled for the proven damage shall be calculated by the usual value of the vehicle and may not exceed 8,000 units of account. " -Change the text from amp; 4 as follows: " amp; 4 As regards the objects placed in the vehicle, the railway is liable only to the damage caused by its fault. The total compensation payable may not exceed 1,000 units of account. The railway shall not be responsible for objects placed outside the vehicle except in the case of a dol. -Replay at amp; 5 of the second sentence of the current amp; 3: " amp; 5 A trailer with or without charge is considered as a vehicle " -Replay at the new amp; 6 of the current amp; 5, with slight changes: " amp; 6 The other provisions on liability for luggage are applicable to the transport of motor vehicles " 5. Article 42 CIV -Change of title as follows: "Decay from the right to invoke the limits of responsibility" -Change the text of the first paragraph as follows: "" Provisions art. 30, 31 and 38-41 of the Uniform Rules or those provided for by national law that limit compensation to a certain determined amount shall not apply, if it has been proven that the damage resulted from an act or omission that the railway has committed, either with the intention of causing such damage, or intentionally and having a conscience that such damage could result. " --Suppression of 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: " When the calculation of the compensation involves the conversion of the amounts expressed in foreign currency units, it shall be made after the day and place of payment of the compensation. " -amp; amp; 1, 2, 3 and 4 become amp; amp; 2, 3, 4 and 5. 7. Article 53 CIV -Change the text of the first paragraph of amp; 1 as follows: " amp; 1 Any action of the entitled, based on the liability of the railway in the event of death and injury to the passengers, is extinguished if he does not signal the accident occurred to the traveller, within 6 months from the knowledge of the damage, to one of the the railways to which a complaint may be presented in accordance with art. 49, amp; 1. " 8. Article 55 CIV -Completion of the text from amp; 2, paragraph 2, as follows: "However, the prescription is 2 years, if the action is based on a damage resulting from an act or a committed omission, either with the intention of causing such damage, or intentionally and having the conscience that such damage could result." of damage. " -Suppression of letters a) and b). + Article 3 Amendments to the CIM Uniform Rules 1. Article 1 CIM -Completion, at the end of the text from amp; 1, as follows: " amp; 1 Subject to ... of the Convention, as if applicable, for shipments assimilated in accordance with art. 2, amp; 2 para. 2 2 of the Convention. " 2. Article 18 CIM -Simplification of the text as follows: " The predator is responsible for the accuracy of the claims made by his care in the carriage letter. It shall bear all the consequences resulting from the fact that such claims would be irregular, inaccurate, incomplete or otherwise entered in the place reserved for each of them. " --Suppressing the last sentence. 3. Article 40 CIM -At amp; 2, suppressing the following terms: " ..., subject to the prescribed limitation of art. 45 45. " -Suppression amp; 4. 4. Article 43 CIM -Change the text from amp; 1 as follows: " amp; 1 If a damage results, including a damage, from exceeding the term of execution of the transport contract, the railway must pay a compensation that cannot exceed the quadriple of the transport tariff. " 5. Article 44 CIM -Change of title as follows: "Decay from the right to invoke the limits of responsibility." -Change the text of the first paragraph as follows: " The limits of responsibility provided in art. 25, 26, 30, 32, 33, 40, 42, 43, 45 and 46 does not apply, if it has been proven that the damage resulted from an act or omission committed by the railway, either with the intention of causing such damage, either intentionally and having the conscience that it could be unresolved. results such a damage. " 6. Article 47 CIM -Change of title as follows: "Conversion and Interest to Compensation" -Completing article 47 with a new amp; 1, drafted as follows: " When the calculation of the compensation involves the conversion of the amounts expressed in foreign currency units, it shall be made after the day and place of payment of the compensation. " 7. Article 58 CIM -Completion of text from amp; 1 lit. c) as follows: "c) based on a damage resulting from an act or omission committed, either with the intention of causing a damage, or intentionally and having a conscience that such damage could result;" -Suppression of the text from amp; 1 of letter d). -letter e) becomes the letter d). FINAL PROVISIONS + Article 4 Signing, ratification, acceptance, approval amp; 1 This protocol remains open in Bern, under the Swiss Government, depositary government, until June 30, 1991, for signature by the states that were invited to the second General Assembly of the Intergovernmental Organization for International Rail Transport (OTIF). amp; 2 According to art. 20 amp; 1 COTIF, 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 depositary government. + Article 5 Entry into force The decisions contained in this Protocol shall enter into force on the first day of the twelfth month following that during which the depositary government has notified the Member States of the deposit of the instrument by which the conditions of art. 20, amp; 2 COTIF. + Article 6 Accession The States which, having been invited to the second OTIF General Assembly, have not signed this Protocol within the time period provided for in art. IV, amp; 1, may accede to it by depositing an instrument of accession to the depositary government. + Article 7 Ratio of COTIF to Protocol Only States that are part of the COTIF may become Parties to this Protocol. + Article 8 Protocol texts This Protocol is concluded and signed in French. The French text includes official translations into German, Arabic, Italian and Dutch. Only the French text is decisive. As for which, plenipotentiary undersigned, legally authorized by their governments, have signed this Protocol. Drawn up in Bern, on the twentieth of December one thousand nine hundred and ninety, in a single original copy in French, which remains stored in the archives of the Swiss Confederation. A certified certified copy will be remitted to each of the participating states. --------------