Decree of the Minister for Foreign Affairs No. 107 / 1975 Coll.

Decree of the Minister for Foreign Affairs on Protocol II concerning the extension of the period of validity of the Additional Convention to the Convention of 1961 on the Responsibility of Railways for the Killing and Injury of Passengers

Valid Effective from 01.01.1973
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107
DECLARATION
Minister for Foreign Affairs
of 17 July 1975
on Protocol II concerning the extension of the period of validity of the Additional Convention to the 1961 CIV Convention on rail liability for the killing and injury of passengers
On 9 November 1973, Bern was signed Protocol II concerning the extension of the period of validity of the Additional Convention to the 1961 CIV Convention on rail liability for the killing and injury of passengers, signed at Bern on 26 February 1966 and valid from 1 January 1973.
The Czech translation of the Protocol is being announced simultaneously. This complements Decree No. 94 / 1973 Coll.
Minister:
Ing. Chupek v. r.

PROTOCOL II
written by the Diplomatic Conference, which met on the subject of the entry into force of the International Conventions of 7 February 1970 on the carriage of goods (CIM) and passengers and baggage by rail (CIV) concerning the extension of the period of validity of the Additional Convention to the 1961 CIV Convention on the Responsibility of Railways for the Death and Injury of Passengers, signed on 26 February 1966 and entered into force on 1 January 1973
On the occasion of the Diplomatic Conference held in Bern from 5 to 9 November 1973 concerning the entry into force of the International Conventions on the Carriage of Goods (CIM) and Passenger and Luggage by Rail (CIV) of 7 February 1970,
the undersigned Agents of the Member States of the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961, concerning the responsibility of the rail for the killing and injury of passengers, as negotiated on 26 February 1966, after transmission of their full powers, which have been found to be correct and appropriate, have agreed as follows:
taking into account,
- that, for mere formal reasons, Article 27 of the Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 25 February 1961 on the responsibility of the rail for the killing and injury of passengers, signed on 26 February 1966 and entered into force on 1 January 1973, will have the same duration as the 1961 CIV Convention, and
- that the Additional Convention, as it was not in force at the time of 7. The Review Conference, therefore, could neither be revised nor incorporated into the 1970 CIV Convention on this occasion;
Recognising,
- that the Additional Convention must remain in force even after the repeal of the 1961 CIV Convention and the entry into force of the 1970 CIV Convention, and
- that the extension of the period of validity of the said Additional Convention is not contrary to the task assigned to it by the Central Authority as regards the examination of the possibility of combining the texts of the CIV Convention and the Additional Convention to the CIV with a view to establishing an overall and uniform regulation concerning the carriage of passengers by rail, similar legislation for other modes of transport,
has been decided
extend the period of validity of the Additional Convention of 26 February 1966 and, as a consequence, make the following editorial adjustments:
1. the title shall be:
"Additional Convention to the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 7 February 1970 concerning the responsibility of the rail for the killing and injury of passengers. '
2. Paragraph 2 of the preamble reads:
"decided to supplement the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 7 February 1970 by the Additional Convention,"
3. Article 1 (1) (a) and (b) shall read as follows:
"(a) passengers whose transport is governed by the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 7 February 1970;
(b) guides to consignments carried under the International Convention on the Carriage of Goods by Rail (CIM) of 7 February 1970. ';
Article 2 (6) reads as follows:
The "railway responsible 'within the meaning of this Convention is the railway which operates, according to the list of lines, the line on which the accident occurred. If, according to this list of lines, it is a common operation of two railways, each of them shall be responsible.'
5. (Article 20 (1), first paragraph: the editorial amendment concerns only the French text.)
Article 22 (1) reads as follows:
This Convention shall not apply, subject to the provisions of Paragraph 2, to damage arising during transport to certain automotive or shipping lines registered in the CIV Line Charter. ';
The first paragraph of Article 26 shall read as follows:
"If a State participating in the International Convention for the Carriage of Passengers and Luggage by Rail (CIV) of 7 February 1970, which has not signed this Convention, wishes to accede, it shall inform the Swiss Government; it shall inform all Contracting States thereof. ';
8.
"This Convention shall be of the same duration as the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 7 February 1970; may be revised in the manner set out in the CIV Convention and, where appropriate, included in it. ';
9. the second paragraph of Article 28 shall read as follows:
"The French text shall be accompanied by the texts of the German, English, Italian and Arabic texts which have the validity of official translations. '
This Protocol shall be open for signature by 31 January 1974.
Countries that do not sign this The Protocol before that date and the States Parties to the Additional Convention of 26 February 1966 prior to the entry into force of the CIV Convention of 7 February 1970 may accede to this Protocol pursuant to Article 26 thereof, following notification to the Swiss Government, which shall inform the Member States of the Additional Convention.
This Protocol shall enter into force at the same time as the International CIV Convention of 7 February 1970.
In evidence of this, the agents listed below have written and signed this Protocol.
Danded in Bern on the ninth of November in the year of the thousand and ninety-third in one copy, which will remain in the Archive of the Swiss Confederation and whose authentic copy will be handed over to each Party.
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Regulation Information

CitationDecree of the Minister for Foreign Affairs No 107 / 1975 Coll., on Protocol II concerning the extension of the period of validity of the Additional Convention to the Convention of the CIV of 1961 on the Liability of Railways for the Killing and Injury of Passengers
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation30.09.1975
Effective from01.01.1973
Effective until-
Status Valid
The regulation text is for informational purposes only.
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