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RS 0.221.222.32 Budapest Convention of 22 June 2001 on the Contract for the Carriage of Goods in Inland Navigation (CMNI)

Original Language Title: RS 0.221.222.32 Convention de Budapest du 22 juin 2001 relative au contrat de transport de marchandises en navigation intérieure (CMNI)

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0.221.222.32

Original text

Budapest Convention on the Contract for the Carriage of Goods in Inland Navigation (CMNI)

Concluded in Budapest on 22 June 2001
Approved by the Federal Assembly on December 19, 2003 1
Instrument of ratification deposited by Switzerland on 13 May 2004
Entry into force for Switzerland on 1 Er April 2005

(State on 21 February 2013)

The Contracting States to this Convention,

Taking into account the recommendations of the Final Act of the Conference on Security and Cooperation in Europe of 1 Er August 1975 with a view to the harmonisation of legal systems in the interests of transport development by the Member States of the Central Commission for the Navigation of the Rhine and the Danube Commission in cooperation with the Commission United Nations Economic Development for Europe,

Aware of the need and usefulness of establishing uniform rules on contracts for the carriage of goods by inland waterway,

Have decided to conclude a Convention for this purpose and have therefore agreed as follows:

Chapter I General provisions

Art. 1 Definitions

For the purposes of this Convention,

1.
"Contract of carriage" means any contract, whatever its name, by which a carrier undertakes to pay for freight, to transport goods by inland waterways;
2.
"Carrier" means any person by whom or on whose behalf a contract of carriage has been entered into with a shipper;
3.
"Substituted carrier" means any person, other than the agent or agent of the carrier, to which the performance of the transport or part of the transport has been entrusted by the carrier;
4.
"Consignor" means any person by whom or on whose behalf or on whose behalf a contract of carriage has been entered into with a carrier;
5.
"Consignee" means the person authorized to take delivery of the goods;
6.
"Transport document" means a document evidencing a contract of carriage and recording the taking of the goods by a carrier, established in the form of a bill of lading or a consignment note, or Other documents used in trade;
7.
"Goods" does not include towed or pushed vessels or passengers' baggage and vehicles; when the goods are in a container, on a pallet or in or on a similar transport device or when they are Packaged, the term "goods" also means the said transport device or packaging if supplied by the shipper;
8.
The expression "in writing", unless otherwise provided by the persons concerned, includes the situation in which the information is transmitted by an electronic, optical or other similar means of communication, including but not limited to Exclusively, by telegram, telefacsimile, telex, electronic mail or electronic data interchange (EDI), provided that the information remains accessible for future use as a reference;
9.
The law of a State applicable in accordance with this Convention means the rules of law in force in that State except for the rules of private international law.
Art. 2 Scope of application

(1) This Convention shall apply to any contract of carriage according to which the port of loading or the place of care and the port of discharge or the place of delivery are located in two different States, at least one of which is a State Part of this Convention. If the contract provides for a choice of several ports of unloading or delivery points, the port of discharge or the place of delivery in which the goods were actually delivered will be decisive.

(2) If the contract of carriage is for the carriage of goods without transhipment carried out on both inland waterways and waters subject to maritime regulation, this Convention shall also apply to that Contract under the conditions referred to in s. 1, unless

(a)
A sea bill of lading has been established in accordance with the applicable maritime law, or
(b)
The distance to be covered in waters subject to maritime regulation is the longest.

(3) This Convention shall apply irrespective of nationality, place of registration, port of attachment or ownership of the vessel to maritime navigation or inland navigation and irrespective of nationality, domicile, The place of residence of the carrier, the shipper or the consignee.

Chapter II Rights and Obligations of Contracting Parties

Art. 3 Care, transport and delivery of goods

(1) The carrier shall transport the goods to the place of delivery within the prescribed time and deliver them to the consignee in the condition in which they were assigned to the consignee.

(2) Except as otherwise agreed, the handling of the goods and their delivery shall take place on board the vessel.

(3) The carrier shall decide the vessel to be used. It shall be required, in advance of travel and at the departure of the voyage, to exercise due diligence to ensure that, in the light of the goods to be transported, the vessel is in a state of receiving the cargo, in a state of airworthiness, provided with the rigging and The crew prescribed by the regulations in force and equipped with the national and international authorisations necessary for the carriage of the goods concerned.

(4) Where it has been agreed to transport with a specified vessel or type of vessel, the carrier shall not load or tranship the goods in whole or in part on another vessel or type of vessel without the agreement of the shipper:

(a)
That in the presence of circumstances such as low water, collision or other obstacles to navigation which were unforeseeable at the time of the conclusion of the contract of carriage and that require the loading or transhipment of the goods for The performance of the contract of carriage and if the carrier cannot, within an appropriate period, obtain instructions from the consignor, or
(b)
If this is consistent with the uses of the harbour in which the vessel is located.

(5) Subject to the obligations of the shipper, the carrier shall ensure that the loading, stowage and calming of the goods does not affect the safety of the vessel.

(6) The carrier shall not transport the goods in open or open cals only if it has been agreed with the consignor or is in accordance with the usages of the trade or is required by the requirements in force.

Art. 4 Overridden Carrier

(1) The contract that meets the definition of s. 1, para. 1, entered into between a carrier and a substitute carrier constitutes a contract of carriage within the meaning of this Convention. Under this contract, all provisions of this Agreement relating to the shipper apply to the carrier and those relating to the carrier to the substituted 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 that is recognized in the contract of carriage, the carrier shall remain responsible for All transport in accordance with the provisions of this Convention. All the provisions of this Convention governing the liability of the carrier shall also apply to the liability of the substituted carrier for the carriage performed by the carrier.

(3) The carrier shall, in all cases, be required to inform the consignor when he or she entrusting the execution of the transport or part of the transport to a substitute carrier.

(4) Any agreement with the shipper or consignee extending the liability of the carrier in accordance with the provisions of this Convention shall bind the substituted carrier only to the extent that the carrier has accepted it expressly and in writing. The substituted carrier may enforce all objections raised by the carrier under the contract of carriage.

(5) Where and to the extent that the carrier and the substituted carrier respond, they respond solidarily. Nothing in this Article shall affect the rights of appeal between them.

Art. 5 Delivery Time

The carrier shall deliver the goods within the time specified in the contract of carriage or, if no time limit has been agreed upon, within the time limit which it would be reasonable to require of a diligent carrier, taking into account the circumstances of the voyage and Unfettered navigation.

Art. 6 Shipper's Obligations

(1) The consignor shall be required to pay the sums due under the contract of carriage.

(2) The shipper shall provide the carrier, prior to the goods and in writing, with the following particulars of the goods to be transported:

(a)
Dimensions, number or weight and stowage of the goods;
(b)
Marks which are necessary for the identification of the goods;
(c)
Nature, characteristics and properties of the goods;
(d)
Instructions for customs or administrative processing of goods;
(e)
Other necessary indications to be included in the transport document.

The consignor must also provide to the carrier, upon delivery of the goods, all prescribed accompanying documents.

(3) The consignor shall, if the nature of the goods so requires, in accordance with the agreed transportation, package the goods in such a way as to prevent their loss or damage from taking over until delivery by the carrier and such that they do not May cause damage to the vessel or other goods. In addition, the consignor shall, in the light of the agreed transport, provide for appropriate marking in accordance with the applicable international or national rules or, in the absence of such regulations, in accordance with generally applicable rules and practices Recognized in inland navigation.

(4) Subject to the obligations of the carrier, the consignor shall load the goods, stowing and caler them in accordance with the uses of inland navigation unless the contract of carriage provides otherwise.

Art. 7 Dangerous or polluting goods

(1) If dangerous or polluting goods are to be transported, the consignor must, prior to the release of the goods, and in addition to the particulars provided for in s. 6, para. 2, state in writing to the carrier the danger and the risks of pollution inherent in 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 when the goods are delivered.

(3) Where the continuation of the transport, unloading or delivery of dangerous or polluting goods is made impossible by the absence of an administrative authorisation, the cost of returning the goods to the port of Loading or to a location closer to where they can be unloaded and delivered or disposed of, are at the expense of the shipper.

(4) In the event of an immediate danger to persons, property or the environment, the carrier shall be 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, before they are taken into care, they have been informed or have been informed by other means of the nature of the danger or the risks of pollution inherent in those goods.

(5) The carrier may claim compensation for damages if the carrier is entitled to take the measures referred to in s. 3 or 4 above.

Art. 8 Shipper's Responsibility

(1) The consignor, even if no fault cannot be attributed to him, shall reply to all the damage and expenses incurred by the carrier or the carrier substituted by the fact that

(a)
The particulars or particulars referred to in Art. 6, para. 2, or s. 7, para. 1, are missing, inaccurate or incomplete,
(b)
Dangerous or polluting goods shall not be marked or labelled in accordance with the applicable international or national regulations or, in the absence of such regulations, in accordance with generally accepted rules and practices in Inland navigation,
(c)
The necessary accompanying documents are missing, inaccurate or incomplete.

The carrier cannot invoke the responsibility of the shipper if it is shown that the fault is attributable to himself, his servants or agents. The same applies to the substituted carrier.

(2) The consignor shall respond to the acts and omissions of the persons to whom he or she is employed to perform the duties and fulfil the obligations referred to in s. 6 and 7, as if it were his own acts and omissions as long as those persons acted in the performance of their duties.

Art. Termination of contract of carriage by the carrier

(1) The carrier may terminate the contract of carriage if the shipper has failed to meet its obligations under s. 6, para. 2, or s. 7, para. 1 and 2.

(2) If the carrier makes use of its right of termination, the carrier may land the goods at the expense of the shipper and claim, at the election, the following amounts:

(a)
A third of the agreed upon cargo, or
(b)
In addition to any demurrage, compensation equal to the amount of the costs incurred and the damage caused, as well as, when the journey began, a proportional freight for the part of the journey that has already been made.
Art. 10 Delivery of the goods

(1) Notwithstanding the obligation of the consignor referred to in s. 6, para. 1, the consignee who, after the arrival of the goods at the place of delivery, in demand for delivery, responds, in accordance with the contract of carriage, of the freight and other claims weighing on the goods and of its contribution in case Common damage. In the absence of a transport document or if the transport document has not been submitted, the consignee shall reply to the freight agreed with the consignor if it corresponds to the market practice.

(2) The delivery of the goods to the consignee in accordance with the contract of carriage or the usages of the trade or the requirements in force at the port of unloading shall be considered as delivery. Remission is also considered to be delivered to an authority or to a third party.

Chapter III Transport documents

Art. 11 Nature and content

(1) The carrier shall establish for each carriage of goods governed by this Convention a transport document; the carrier shall establish a bill of lading only if the shipper so requests and has been agreed to do so before the loading of the goods Goods or before they are taken into care for transport. 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 shall be signed by the carrier, the driver of the ship or a person authorized by the carrier. The carrier may require the shipper to countersign the original or a copy. The signature affixed may be handwritten, printed in facsimile, applied by perforation or by buffer, present in the form of symbols or be reproduced by any other mechanical or electronic means if this is not prohibited by law of The State in which the transport document is issued.

(3) The transport document shall be authentic, until proven otherwise, by the conclusion and contents of the contract of carriage and the handling of the goods by the carrier. In particular, it bases the presumption that the goods have been taken in charge for transport as described in the transport document.

(4) Where a bill of lading is a bill of lading, only the bill of lading shall prevail in the relationship between the carrier and the consignee. The terms of the contract of carriage remain decisive in the relations between the carrier and the shipper.

(5) The transport document shall contain, in addition to its name, the following particulars:

(a)
The names, homes, 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 reference in the transport document that the goods have been taken by the carrier but have not yet been loaded on board the vessel;
(d)
The loading port or taking place and the port of discharge or the place of delivery;
(e)
The usual description of the type of goods and their packaging and, for dangerous or polluting goods, their designation in accordance with the requirements in force or, failing that, their general designation;
(f)
The dimensions, number or weight as well as the identification marks of the goods taken on board or taken in charge for transport;
(g)
The indication, if any, that the goods may or must be transported in open or open docks;
(h)
Agreed arrangements for freight;
(i)
In the case of a consignment note, the accuracy of the original or a copy; in the case of a bill of lading, the number of original copies;
(j)
The place and day of the issue.

The legal nature of a transportation document within the meaning of s. 1, para. 6. Of this Convention shall not be affected by the absence of one or more of the indications referred to in this paragraph.

Art. 12 Recording of reservations on transport documents

(1) The carrier shall have the right to place reservations on the transport document

(a)
Concerning the dimensions, number or weight of the goods, if there is reason to suspect that the particulars of the consignor are incorrect or have not had sufficient means to control such indications, in particular because the Goods were not counted, measured or weighed in its presence, as well as because, without express agreement, the dimensions or weight were determined by gauging;
(b)
Concerning identification marks which have not been clearly and permanently affixed to the goods themselves or, if they are packaged, on containers or packaging;
(c)
Concerning the apparent condition of the goods.

(2) Where the carrier makes no mention of the apparent condition of the goods or has no reservations, the carrier shall be deemed to have indicated in the transport document that the goods were in good condition.

(3) Where, in accordance with the directions set out in the transport document, the goods have been placed in a container or in the holds of the vessel sealed by persons other than the carrier, its servants or agents, and where Neither the container nor the seals are damaged or broken to the port of discharge or the place of delivery, it is presumed that the loss of goods or damage was not caused during transport.

Art. 13 Collapse

(1) The original copies of a bill of lading are securities issued in the name of the consignee, order or bearer.

(2) In the place of delivery, the goods are delivered only against delivery of the original copy of the bill of lading presented first; thereafter, the delivery may no longer be required against the surrender of the other original copies.

(3) Where the goods are taken in charge by the carrier, the surrender of the bill of lading to a person authorized by the carrier to receive the goods shall have the same effect as the furnishing of the goods in respect of the goods. Acquisition of rights in these areas.

(4) Where the bill of lading has been transmitted to a third party, including the consignee, who has acted in good faith on the basis of the description of the goods contained in the bill of lading, he shall not be opposed to the evidence contrary to the presumption of Art. 11, para. 3, and art. 12, para. 2.

Chapter IV Right to dispose of goods

Art. 14 Holder of the right of disposal

(1) The consignor is authorized to dispose of the goods and may require, inter alia, that the carrier not continue to transport the goods, modify 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 consignor shall be extinguished as soon as the consignee, after the arrival of the goods at the place of delivery, has requested the delivery of the goods and,

(a)
In the case of a consignment under cover of a consignment note, once the original has been given to the consignee,
(b)
In the case of a bill of lading, as soon as the consignor has divested of all the original copies in his possession by giving them to another person.

(3) By a corresponding mention in the consignment note, the consignor may, at the time of issue of the consignment, waive his right of disposal to the benefit of the addressee.

Art. 15 Conditions for the exercise of the right of disposal

The shipper or, in the case of s. 14, para. 2 and 3, the addressee is, if he wishes to exercise his right to dispose:

(a)
In the case of a bill of lading, submit all original copies before the goods arrive at the intended place of delivery;
(b)
In the case of 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 the carrier for all costs and compensate for any damage caused by the execution of the instructions;
(d)
Pay, in the case of unloading of the goods prior to arrival at the place of delivery, all agreed freight, unless otherwise provided in the contract of carriage.

Chapter V Liability of the carrier

Art. 16 Liability for injury

(1) The carrier shall be liable for the damage caused by the loss or damage suffered by the goods from their care for transport until delivery or as a result of exceeding the delivery period, unless Proves that the damage is the result of circumstances which a diligent carrier could not have avoided and the consequences of which it could not have obtained.

(2) The liability of the carrier for damage caused by the loss or damage suffered by the goods caused during the period before they are loaded on board the ship or after discharge is governed by the law of the State applicable to the Contract of carriage.

Art. 17 Officers and agents

(1) The carrier shall respond to acts and omissions of its servants and agents to whom it is employed in the performance of the contract of carriage, in the same manner as its own acts and omissions, where such persons acted in Performing their duties.

(2) Where transportation is carried out by a carrier substituted by s. 4, the carrier also responds to the acts and omissions of the substituted carrier and the servants and agents of the substituted carrier, where these persons have acted in the performance of their duties.

(3) Where an action is instituted against the servants and agents of the carrier or the substitute carrier, such persons may, if they provide evidence that they have acted in the performance of their duties, Exemptions and limitations of liability which are available to the carrier or the substituted carrier under this Convention.

(4) A pilot designated by an authority that cannot be freely chosen is not considered to be an agent or agent within the meaning of s. 1.

Art. 18 Specific Disclaimer of Liability

(1) The carrier and the substituted carrier are exempt from liability where the loss, damage or delay is the result of any of the following circumstances or risks:

(a)
Acts or omissions of the consignor, the consignee or the person entitled to dispose;
(b)
Handling, loading, stowage or unloading of the goods by the consignor or consignee or by third parties acting on behalf of the consignor or consignee;
(c)
Transport of goods in open deck or in open holds, if agreed with the consignor or is in conformity with the usages of the trade or is required by the requirements in force;
(d)
The nature of the goods exposed in whole or in part to the loss or damage, in particular by breaking, rust, internal deterioration, desiccation, casting, normal road braking (by volume or by weight) or by action of the vermin or rodents;
(e)
Absence or failure of 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)
Inadequate or imperfect marks for identifying goods;
(g)
Operations or attempted rescue or rescue operations on waterways;
(h)
Transport of live animals, unless the carrier has not taken the measures or complied with the instructions agreed in the contract of carriage.

(2) Where, having regard to the factual circumstances, injury may have been caused by one of the circumstances or one of the risks listed in s. 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 injury is not or not exclusively the result of any of the circumstances or risks listed in s. 1 of this article.

Art. 19 Calculation of the allowance

(1) Where the carrier is liable for the total loss of the goods, the compensation payable by the carrier shall be equal to the value of the goods at the place and on the day of delivery under the contract of carriage. Delivery to a person other than a person entitled is considered a loss.

(2) In the case of a partial loss or damage to the goods, the carrier shall respond only to the loss of value.

(3) The value of the goods shall be determined on the basis of the value on the stock exchange, in the absence thereof, according to the market price and, in the absence of one and the other, according to the usual value of goods of the same nature and quality at the place of delivery.

(4) For goods which, by their very nature, are exposed to a roadway, the carrier shall not be held responsible, irrespective of the duration of the carriage, as for the share of the brakes which exceeds the normal road surface braking (in volume Or by weight) as determined by the parties to the contract of carriage or, failing that, by the regulations or customs in force at the place of destination.

(5) The provisions of this Article shall not affect the right of the carrier in respect of cargo as provided for in the contract of carriage or, in the absence of specific agreements on this point, by national regulations or applicable practices.

Art. Maximum liability limits

(1) Subject to s. 21 and paras. 4 of this Article and irrespective of the action taken against it, the carrier shall not respond in any way to amounts exceeding 666.67 units of account for each package or other loading unit or 2 units of account for each kilogram of the weight Referred to in the transport document, goods lost or damaged, whichever is greater. If the package or other unit of loading is a container and if it is not mentioned in the transport document of other packages or unit of loading combined in the container, the amount of 666.67 units of account shall be replaced by the amount of 1500 units of account for the container without the goods it contains and, in addition, the amount of 25,000 units of account for the goods contained therein.

(2) Where a container, pallet or similar transport device is used to collect goods, any package or unit of ladle that is specified in the transport document that is contained in or on that device is Considered to be a package or other loading unit. In other cases, the goods in or on such a device are considered to be a single loading unit. Where the device itself has been lost or damaged, the device shall be considered, if it does not belong to the carrier or is not provided by it, as a separate loading unit.

(3) In the event of damage caused by a delay in delivery, the carrier shall reply only up to the amount of the freight. However, the cumulation of allowances payable under s. 1 and the first sentence of this paragraph shall not exceed the limit which would be applicable under subs. 1 in the case of a total loss of the goods for which liability is incurred.

(4) The maximum liability limits referred to in subs. 1 does not apply:

(a)
Where the nature and the higher value of the goods or conveyances have been specifically mentioned in the transport document and the carrier has not refuted those particulars, or
(b)
Where the parties have expressly agreed on maximum upper limits of liability.

(5) The total amount of compensation due for the same damage by the carrier, the substituted carrier and their servants and agents shall not exceed the total liability limits set out in this Article.

Art. Due to the right to limit liability

(1) The carrier or the substituted carrier shall not avail itself of the exemptions and limitations of liability provided for in this Convention or in the contract of carriage if it is proved that the carrier or carrier has itself caused the damage by an act or An omission committed, either with the intention of causing such damage, or recklessly and with an awareness that such damage would likely result.

(2) Similarly, servants and agents acting on behalf of the carrier or the substitute carrier may not avail themselves of the exemptions and limitations of liability provided for in this Convention or in the contract of carriage, If it is proved that they have caused the damage in the manner described in s. 1.

Art. 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 to any action for loss, damage or late delivery of the goods subject to the contract of carriage Be based on tort, contract, or on any other basis.

Chapter VI Time Limits for Claim

Art. Notice of Injury

(1) The unreserved acceptance of the goods by the consignee is a presumption that the carrier has delivered the goods in the condition and in the quantity as it has been given to the carrier for transportation.

(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 ascertained the condition of the goods, be formulated in writing indicating the 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 shall be made in writing, indicating the general nature of the damage, not later than 7 consecutive days from the time of the Delivery, the aggrieved person to prove in this case that the damage was caused while these goods were in the custody of the carrier.

(5) No compensation shall be payable for damage caused by a delay in delivery, unless the consignee proves to have informed the carrier of the delay within 21 consecutive days following the delivery of the goods and that the notice To the carrier.

Art. 24 Limitation period

(1) All actions arising out of a contract governed by this Convention shall be prescribed within one year from 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 instituted may, at any time during the limitation period, extend that period by a written statement to the injured person. This period may be further extended by one or more other declarations.

(3) The suspension and interruption of the limitation period shall be governed by the law of the State applicable to the contract of carriage. The introduction of an appeal, in a dispatch procedure for the implementation of the limited liability for all claims resulting from an event which has caused damage, interrupts the limitation period.

(4) A recursoire action of a person held liable under this Convention may be exercised even after the expiration of the limitation period provided for in s. 1 and 2 of this Article, if proceedings are instituted within 90 days from the day on which the person exercising the action is entitled to the claim or has been assigned, or if proceedings are instituted within a longer period Provided by the law of the State in which the proceedings are initiated.

(5) The prescribed action may not be taken in the form of a counterclaim or an exception.

Chapter VII Limits on contractual freedom

Art. 25 Articles of invalidity

(1) Any contractual stipulation to exclude or limit or, subject to the provisions of s. 20, para. 4, to aggravate the liability, within the meaning of this Convention, of the carrier, of the substitute carrier or of their servants or agents, to reverse the burden of proof or to reduce the time limits for claims and limitations referred to in Art. 23 and 24 is null. Any clause to give the carrier the benefit of the insurance of the goods is also void.

(2) Notwithstanding the provisions of s. 1 of this Article, and without prejudice to Art. 21, are lawful the contractual clauses stipulating that the carrier or the substituted carrier does not respond to the damage caused:

(a)
By an act or omission committed by the driver of the vessel, the pilot or any other person in the service of the vessel or the pusher or of the tug during the boating course or during the formation or dissolution of a pushed convoy or Towed convoy, provided the carrier has fulfilled the obligations of the crew provided for in s. 3, para. 3, unless the act or omission is the result of an intention to cause the damage or reckless behaviour with an awareness that such damage would likely result;
(b)
By fire or explosion on board the vessel without the possibility of proving that the fire or explosion is the result of the fault of the carrier, the substituted carrier or their servants and agents or the failure of the vessel;
(c)
By any defect of the vessel or of a vessel rented or chartered previously on the voyage if it proves that these defects could not be detected prior to the commencement of the voyage, despite due diligence.

Chapter VIII Alternate provisions

Art. 26 Common Avaries

This Convention shall not affect the application of the provisions of the contract of carriage or of internal law relating to the calculation of the amount of damages and compulsory contributions in the case of a common damage.

Art. 27 Other applicable provisions and nuclear damage

(1) This Convention shall not affect the rights and obligations of the carrier arising from international conventions or from provisions of domestic law relating to the limitation of the liability of shipowners or vessels.

(2) The carrier shall be relieved of liability under this Convention for damage caused by a nuclear accident if the operator of a nuclear facility or other authorized person responds to that damage under the Laws and regulations of a State governing liability in the field of nuclear energy.

Art. 28 Unit of account

The unit of account referred to in s. 20 of this Convention is the special drawing right fixed by the International Monetary Fund. Amounts referred to in s. 20 are to be converted into the national currency of a State following the value of that currency at the date of the judgment or on a date agreed by the parties. The value, in special drawing rights, of the national currency of a State Party shall be calculated according to the method of valuation actually applied by the International Monetary Fund on the date in question for its own transactions and transactions.

Art. 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 has the closest links.

(3) It shall be presumed that the contract of carriage shall have the closest links with the State in which the principal place of business of the carrier is located at the time of conclusion of the contract, if the port of loading or the place of care, Or the port of discharge or the place of delivery or the principal place of business of the consignor is also in that State. If the carrier does not have a shore establishment and has entered into the contract of carriage on board the vessel, it shall be presumed that the contract shall have the closest connection with the State in which the vessel is registered or of which it beats the Flag, if the loading port or the place of care, or the port of discharge or the place of delivery or the principal place of delivery of the consignor is also in that State.

(4) The right of the State in which the goods are situated shall govern the real guarantee enjoyed by the carrier for the claims referred to in Art. 10, para. 1.

Chapter IX Declarations relating to the scope of application

Art. Transport on certain waterways

(1) Any State may, at the time of the signature of this Convention, its ratification, acceptance, approval or accession, declare that it shall not apply this Convention to contracts in respect of transport The route takes certain waterways located on its territory, not subject to an international regime for navigation and does not constitute a link between such international waterways. However, such a declaration cannot mention all the main waterways of that State.

(2) If the contract of carriage is for the carriage of goods without transhipment carried out on a navigable waterway not specified in the declaration referred to in subsection (1). 1 of this Article and on inland waterways referred to in that declaration, this Convention shall also apply to this contract, unless the distance to be travelled on these latter routes is the longest.

(3) Where a return has been made in accordance with s. 1 of this Article, any other Contracting State may declare that it will not apply the provisions of this Convention to the contracts referred to in that declaration. The declaration made in accordance with this paragraph shall be effective at the time of entry into force of the Convention for the State which has made a declaration in accordance with subs. 1, but no earlier than at the time of 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 s. 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 has no effect on the contracts already concluded.

Art. National or Free Transportation

Any State may, at the time of signature of this Convention, its ratification, acceptance, approval, accession or at any subsequent time, declare that it will also apply this Convention

(a)
Transport contracts according to which the loading port or the place of care and the port of discharge or the place of delivery are located on its own territory;
(b)
In derogation from s. 1, para. 1, free transportation.
Art. 32 Regional regulations on liability

(1) Any State may, at the time of signature of this Convention, its ratification, acceptance, approval, accession or at any later time, declare that for the carriage of goods between ports of Loading or places of care and unloading ports or places of delivery located either on its own territory or on its territory and on the territory of a State having made the same declaration, the carrier shall not Does not respond to any prejudice caused by an act or omission committed by the driver of the vessel, the pilot or Any other person in the service of the vessel or a pusher or tug during the boating course or during the formation or dissolution of a pushed or towed convoy, provided that the carrier has fulfilled the obligations of The crew provided for in s. 3, para. 3, unless the act or omission is the result of an intention to cause the damage or reckless behaviour with an awareness that such damage would likely result.

(2) Regulations relating to liability under s. 1 shall enter into force between two Contracting States at the time of entry into force of this Convention in the second State having made the same declaration. If a State makes this declaration after the Convention enters into force for it, the regulations relating to the liability referred to in s. 1 shall enter into force on the first day of the month following the expiration of three months from the notification of the declaration to the depositary. Liability regulations are only applicable to transport contracts signed after its entry into force.

(3) A declaration made in accordance with s. 1 may be withdrawn at any time by notification to the depositary. In the event of withdrawal, the liability regulations referred to in s. 1 shall cease to have effect on the first day of the month following the notification or at a later time indicated in the notification. The withdrawal does not apply to contracts of carriage signed before the liability regulations have ceased to have effect.

Chapter X Final provisions

Art. 33 Signature, ratification, acceptance, approval, accession

(1) This Convention shall be open for one year to the signature of all States at the seat of the depositary. The time limit for signature shall commence on the date on which the depositary finds 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)
Signing it subject to ratification, acceptance or subsequent approval, then by ratifying, accepting or approving it,
(c)
By adhering to it beyond the signature deadline.

(3) Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

Art. 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 which would sign this Convention without reservation as to ratification, acceptance or approval or deposit the instruments of ratification, acceptance, approval or accession with the depositary after the entry into force of the Convention Effect of this Convention, it shall enter into force on the first day of the month following the expiration of three months from the signature without reservation of ratification, acceptance or approval or of the deposit of the instruments of Ratification, acceptance, approval or accession.

Art. 35 Denunciation

(1) This Convention may be denounced by a State Party upon expiry of the period of one year from the date on which it entered into force for that State.

(2) Notification of denunciation shall be filed with the depositary.

(3) The denunciation shall take effect on the first day of the month following the expiration 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.

Art. 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 with the object of revising or amending this Convention.

Art. Review the limits and unit of account amounts

(1) Notwithstanding the provisions of s. 36, when a review of the amounts set out in s. 20, para. 1, or the replacement of the unit defined in s. 28 by another unit shall be proposed, the depositary, at the request of at least one-fourth of the States Parties to this Convention, shall submit the proposal to all members of the United Nations Economic Commission for Europe, of the Commission Central for the Navigation of the Rhine and the Danube Commission, as well as to all the Contracting States and convenor a conference with the sole purpose of reviewing the amounts set out in Art. 20, para. 1, or replace the unit defined in s. 28 by another device.

(2) The conference shall be convened at the earliest after six months from the date of the transmission of the proposal.

(3) All Contracting States to the Convention shall be entitled to participate in the Conference, be they members of the organizations referred to in subs. 1 or not.

(4) The amendments shall be adopted by a two-thirds majority of the Contracting States to the Convention represented at the Conference and participating in the vote, provided that at least half of the Contracting States to the Convention are represented at the time of the Vote.

(5) In the consultation on the amendment of the amounts set out in Art. 20, para. 1, the conference takes into account the lessons learned from the events resulting in damage and in particular the extent of the damage caused, the changes in the monetary value and the impact of the proposed amendment on costs Insurance.

(6) (a)
The amendment of the amounts in accordance with this Article may be made at the earliest after five years from the day on which this Convention is opened for signature and at the earliest after a period of five years from the date of The entry into force of an earlier amendment in accordance with this Article.
(b)
An amount may not be increased to the point of exceeding the amount corresponding to the maximum limits of liability laid down in this Convention, plus 6 per cent per year, calculated according to the principle of compound interest as of the day The opening of this Convention for signature.
(c)
An amount may not be increased to the point of exceeding the amount corresponding to three times the maximum limits of liability laid down in this Convention.

(7) The depositary shall notify all Contracting States of any amendment adopted in accordance with subs. 4. The amendment shall be deemed to have been accepted after a period of eighteen months following the date of the notification, unless at least one quarter of the States which were Contracting States at the time of the decision on the amendment have informed the Depository that they do not accept this amendment; in this case the amendment is rejected and does not enter into force.

(8) An amendment deemed to have been accepted in accordance with s. 7 shall enter into force eighteen months after its acceptance.

(9) All Contracting States shall be bound by the amendment unless they denounce this Convention in accordance with Art. 35 no later than six months before the amendment enters into force. The denunciation shall take effect upon the entry into force of the amendment.

(10) Where an amendment has been adopted but the 18-month time limit for acceptance has not elapsed, a State which becomes a Contracting State within that period shall be bound by the amendment if it enters into force. A State which becomes a Contracting State after that period shall be bound by an amendment accepted in accordance with subs. 7. In the cases referred to in this paragraph, a State shall be bound by an amendment upon its entry into force or as soon as this Convention enters into force for that State if it intervenes at a later date.

Art. 38 Depositary Scope of application February 21, 2013 Statements

(1) This Convention shall be deposited with the Government of the Republic of Hungary.

(2) The depositary

(a)
Communicate to all States that participated in the Diplomatic Conference for the Adoption of the Budapest Convention on the Contract for the Carriage of Goods in Inland Navigation of this Convention in the Official Language Version Which was not yet available at the Conference for its audit;
(b)
Inform all states referred to in the letter. (a) any proposed amendment to the text communicated in accordance with the paragraph. (a);
(c)
Confirm the date on which all the official language versions of this Convention have been brought into conformity and are to be regarded as authentic;
(d)
Shall communicate to all States referred to in the letter. (a) the date determined in accordance with the let. (c);
(e)
Provide to all States that have been invited to the Diplomatic Conference for the Adoption of the Budapest Convention on the Contract for the Carriage of Goods in Inland Navigation and to those who have signed or acceded to this Convention, of Certified copies of this Convention;
(f)
Inform all States which have signed or acceded to this Convention,
(i)
Any new signature, notification and declaration, indicating the date of signature, notification or declaration;
(ii)
The date of entry into force of this Convention;
(iii)
Any denunciation of this Convention with an indication of the date on which it takes effect;
(iv)
Any amendment decided in accordance with Art. 36 and 37 of this Convention with an indication of the date of entry into force;
(v)
Any communication required by a provision of this Convention.

(3) After the entry into force of this Convention, the depositary shall transmit to the United Nations Secretariat a certified copy of this Convention for registration and publication in accordance with Art. 102 of the United Nations Charter 1 .

In witness whereof, The undersigned plenipotentiaries, duly authorized to that effect by their Governments, have signed this Convention.

Done at Budapest on twenty-two June 2001 in an original copy of which each of the texts in German, English, French, Dutch and Russian are equally authentic.

(Suivent signatures)


Scope of application on 21 February 2013 2

States Parties

Ratification

Accession (A)

Entry into force

Germany

10 July

2007

1 Er November

2007

Belgium

August 5

2008

1 Er December

2008

Bulgaria

19 March

2006

1 Er August

2006

Croatia

7 December

2004

1 Er April

2005

France

11 May

2007

1 Er September

2007

Hungary *

7 May

2002

1 Er April

2005

Luxembourg

25 May

2004

1 Er April

2005

Moldova

April 21

2008

1 Er August

2008

Netherlands

20 June

2006

1 Er October

2006

Czech Republic

14 November

2005

1 Er March

2006

Romania

3 April

2004

1 Er April

2005

Russia

April 11

2007 A

1 Er August

2007

Slovakia

27 November

2007

1 Er March

2008

Serbia *

July 21

2010

1 Er November

2010

Switzerland *

13 May

2004

1 Er April

2005

*

Reservations and declarations.

Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. Texts can be obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


Statements

Switzerland

Declaration on Art. 30 al. 1

Switzerland does not apply the Convention to its national waterways, including the border waters, including the Rhine, from the Swiss border to Rheinfelden.

Declaration on Art. 31 let. A

Switzerland also applies the Convention to the transport of goods on the Rhine between the Swiss border and Rheinfelden.


RO 2005 1269 ; FF 2003 3563


1 RO 2005 1267
2 RO 2005 1269 , 2007 1179, 2008 4897, 2013 805. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on February 21, 2013