Communication from the Ministry of Foreign Affairs No. 274 / 1996 Coll.

Q: Is Communication from the Ministry of Foreign Affairs No. 274 / 1996 Coll. still valid?

Yes, Communication from the Ministry of Foreign Affairs No. 274 / 1996 Coll. is still valid and effective.

COMMUNICATION

274

COMMUNICATION

Ministry of Foreign Affairs

The Ministry of Foreign Affairs announces that on 9 May 1980 the Convention on International Carriage by Rail (COTIF) was negotiated in Bern and on 20 December 1990 the Protocol 1990 on Amendments to the Convention on International Carriage by Rail (1).

The Charter on the access of the Czech Republic to the Convention on International Carriage by Rail (COTIF), as amended by Protocol 1990, was deposited with the Swiss Government, the depositary of the Convention, on 13 December 1993.

When accessing the Convention, it was confirmed that "under Article 12 (3) of the Convention on International Transport (COTIF) and Article 3 (1) of Attachment A - Uniform legislation for the International Carriage of Passengers and Luggage (CIV) - the Czech Republic will not apply Article 12 (1) of the Convention on International Carriage by Rail (COTIF) and all provisions on the liability of railways for the death and injury of passengers if they are citizens of the Czech Republic and passengers residing in the Czech Republic, if the accident occurred within its territory. '

The Convention on International Carriage by Rail (COTIF) entered into force on 1 May 1985 and entered into force on 1 February 1994 for the Czech Republic pursuant to Article 23 (2).

Protocol 1990 in accordance with Article 20 (2) of the COTIF Convention and its Article It entered into force on 1 November 1996 and entered into force on that date for the Czech Republic.

The Czech translation of the Protocol is being announced simultaneously.

PROTOCOL 1990

concerning amendments to the Convention on International Carriage by Rail (COTIF) of 9.5.1980

Within the meaning of Articles 6 and 19 of Paragraph 2 of the Convention on International Carriage by Rail (COTIF), signed in Bern on 9 May 1980, it took place from 17 to 20 December 1990 in Bern 2. General Assembly of the Intergovernmental Organisation for International Rail Transport (OTIF).

In view of the need to further develop the COTIF provisions in order to meet the new conditions of the international community and international rail transport, the Contracting Parties agree:

General Assembly of the Decided Change

Amendments concerning the Convention itself

1. Article 2 COTIF

The current text § 2 is added by the second sentence of the following text:

"Transfers on lines within the meaning of the preceding paragraph shall be assimilated to other national transports carried out in addition to rail transport and rail liability. '

2. Article 3 COTIF

The text of § 2 is amended as follows:

"Article 2 The lines referred to in Article 2 (1) and in the first paragraph of Article 2 after which these... '

The text of Paragraph 1 (3) is added as follows:

"Article 3 Undertakings operating lines referred to in the first paragraph of Article 2 (2) and registered in these... '

3. Article 4 COTIF

The text is amended as follows:

"In the next text, the term" Convention "means the Convention itself, the Protocol referred to in Article 1 (2), second paragraph, the Supplementary Mandate for Accounting Control and Attachments A and B, including the Annexes thereto referred to in Article 3 (1) and (4). ';

4. Article 7 COTIF

Paragraph 1 (1) is amended as follows:

"Article 1 The Administrative Committee shall be composed of the representatives of the 12 Member States. ';

In the second sentence of Paragraph 1 (1), the words:

... "and hold the presidency."

the text of Section 2 (a) is added:

"(a) establish internal rules of procedure and designate, by a two-thirds majority, the State holding the Presidency during the term of office."

the text of Section 2 (d) is added by the following paragraph:

"The Director-General and his representative shall be appointed for 5 years and may be re-elected. ';

5. Article 11 COTIF

Article 7 is replaced by the following:

"Section 7 The Swiss Government shall carry out its own COTIF Convention in accordance with the rules of the Supplementary Mandate, subject to specific guidelines of the Administrative Committee, in accordance with the provisions of the organisation's financial and accounting rules. ';

6. Article 19 COTIF

the following point (a) is added to Article 3:

"(a) Supplementary mandate for auditing accounts'

Letters (a) and (b) shall be amended to (b) and (c).

The following Annex shall be inserted after the OTIF Protocol on Privileges and Immunities:

Supplementary mandate for auditing accounts

'1. Accounting Controller (1) checks the organisation's accounts, including all, if deemed necessary, confidential funds and special accounts to ensure that:

(a) the accounts correspond to the books and documents of the organisation

(b) the accounting operations to which the statements relate shall be carried out in accordance with the rules and regulations and with the budgetary provisions and other directives of the organisation;

(c) the prices and cash deposited at the bank or cash register shall be checked either directly on the basis of the documents of the keeper (custodian) or, in fact, on the basis of

(d) the internal control system, including internal control of accounts, shall be proportionate;

(e) all amounts of assets and liabilities, as well as surpluses and deficits, shall be settled satisfactorily.

2. Only the Controller of Accounts shall be entitled to recognise, in whole or in part, the certificates and documents supplied by the Director-General. Any document of accounting operations or deliveries and material may be examined and examined in detail if it considers it appropriate.

3. The Account Controller shall at any time have access to all books, documents, accounting documents and other information it deems necessary.

4. The Account Controller shall not be entitled to recognise any item of accounts, but shall immediately alert the Director-General of any operation which is doubtful in terms of rules or purposes in order to take the necessary measures.

5. The accounting officer shall confirm the financial documents with the following text and sign them: "I have checked the organisation's financial statements for the business year ending on 31 December..... The audit shall include an overall analysis of the accounting method, of the accounting documents and other supporting documents which I considered necessary as appropriate. '

In the present case, it can be concluded from this confirmation that:

(a) the financial documents of the financial situation at the end of the coming period and the results of the operations carried out during that period shall be satisfactorily recorded;

(b) the accounting documents correspond to the accounting principles referred to above

(c) the financial principles appropriate to the modality applicable in the previous financial year have been applied

(d) the accounting operations have been carried out in accordance with the rules and regulations as well as the budgetary provisions and other directives of the organisation.

6. In its report on accounting operations, the accounting officer shall mention:

(a) the manner and extent of the checks carried out;

(b) findings relating to the completeness or accuracy of the accounts, including where appropriate:

1. the necessary information for correct interpretation and assessment of accounts

2. each amount generated but not included in the accounts

3. any amount which is contrary to normal or agreed expenditure obligations and has not been cleared or has not been taken into account in the accounts

4. expenditure for which insufficient supporting documents have not been submitted

5. a statement as to whether the books are kept in the appropriate form; highlight cases in which the processing of accounting statements is diverted from generally accepted and permanently used accounting principles

(c) other issues raised by the Administrative Committee, such as:

1. cases of fraud or alleged fraud

2. Wasting or inadmissible use of funds or other claims of an organisation (in particular where the accounts to which such operations relate are properly maintained)

3. Expenditure in which there is a risk that they may cause additional significant costs for the organisation

4. any general or specific defect in the system of control of revenue and expenditure or supplies and materials

5. Expenditure which does not correspond to the plans of the Administrative Committee with regard to transfers duly foreseen within the budget

6. Excess of loans in respect of changes arising from transfers which are duly foreseen within the budgets

7. Expenditure not corresponding to the authorisation in force

(d) the accuracy or inaccuracy of the accounts relating to supplies and materials shall be determined after the inventory and control of the books.

In addition, the report may refer to operations that have been cleared during one of the previous financial years and which are new information or to operations that will take place during subsequent financial years but which the Administrative Committee should inform in advance.

7. The accounting officer shall not in any way give any criticism in the report without giving the Director-General a reasonable opportunity in advance to give an opinion.

8. The accounting officer shall deliver an opinion to the Administrative Committee and the Director-General in relation to the control of the accounts. In addition, it may add a comment which it considers appropriate with regard to the financial report to the Director-General.

9. Where the account controller assumes only a comprehensive check or cannot obtain sufficient explanations, he shall state in his acknowledgement and report the reasons for his observations as well as the details of the consequences resulting therefrom for the financial situation and the financial operations accounted for. ';

Amendments concerning Uniform CIV legislation

1. Article 1 CIV

Article 1 is amended as follows:

"Article 1 Subject to the exceptions provided for in Articles 2, 3 and 33, these Uniform legislation shall apply to all passenger and baggage transport, including motor vehicles with international transport documents, which shall apply to a journey which passes through the territory of at least two States and exclusively on routes listed in accordance with Articles 3 and 10 of the Convention, where appropriate on a journey, within the meaning of Article 2 (2), to them on an equal footing.

With regard to rail liability for the killing and injury of passengers, the Single Legislation also applies to consignment guides carried under the Single Legislation on the International Carriage of Goods by Rail (CIM). '

2. Article 14 CIV

The text of Paragraph 1 shall be supplemented by the following sentence:

"§ 1... In the case of the carriage of motor vehicles, the railway may specify in advance that passengers will remain in the motor vehicle during transport. '

3. Article 17 CIV

Paragraph 2 is amended and paragraph 2 is added as follows:

"Article 2 International tariffs may, under certain conditions, allow the carriage of animals and objects not listed in Section 1, as well as motor vehicles for carriage with or without the trailer.

In particular, the transport conditions for motor vehicles shall determine the conditions for submission for the carriage, transport, transhipment and transport, the form and content of the transport document, which shall be marked with the abbreviation CIV, the unloading and delivery conditions, as well as the obligations of vehicle drivers in relation to their vehicle, loading and unloading. ';

4. Article 41 CIV

The title is amended as follows: "Motor vehicles"

Article 1 is amended as follows:

"Article 1 Where a motor vehicle is later loaded or late issued for reasons caused by the railways, the railway shall, if it can be justified that damage has been caused, pay a compensation the amount of which may not exceed the carriage fee for the vehicle. ';

Article 3 is amended as follows:

"Article 3 In the event of a total or partial loss of the vehicle, compensation for the proven damage shall be calculated for the beneficiary according to the residual value of the vehicle, which shall not exceed 8000 units of account. ';

Article 4 is amended as follows:

"Article 4 The railway is responsible for damage to objects left in the vehicle only if it has caused it. The total compensation shall not exceed 1000 units of account. The railway shall be responsible for objects left outside the vehicle only if the damage is caused by actions of railway workers with the intention of causing such damage. '

The second sentence of the current Paragraph 3 shall be classified as Section 5:

"Article 5 The vehicle also means a trailer with or without a load. '

At the same time, Article 5, in its slightly amended version, ranks as Article 6 (new):

"Article 6 Otherwise, the provisions on liability for luggage shall also apply to the carriage of motor vehicles. '

5. Article 42 CIV

The title is amended as follows: "Loss of the right to limited liability."

The text of the first paragraph is amended as follows:

"In Articles 30, 31 and 38 to 41 of the Single Legislation, the envisaged limits on liability and the provisions of national law limiting damages by fixed amounts shall not apply where it is demonstrated that the damage was caused by acts or omissions of the railway, whether with the intention of causing such damage or directly knowing that such damage is likely to occur. ';

The text of the second paragraph is deleted.

6. Article 43 CIV

The title is amended as follows: "Recalculation and remuneration of damages."

The following Section 1 is inserted:

"Article 1 If the amounts shown in a foreign currency have to be recalculated when calculating the compensation, they shall be recalculated at the rate applicable on the day and at the place where the compensation is paid. ';

§ 1 - 4 is renumbered § 2 - 5.

7. Article 53 CIV

The text of Paragraph 1 (1) is amended as follows:

"Article 1 All claims entitled to the liability of the railway at the time of the death and injury of the passenger shall cease to exist if the beneficiary does not notify the accident no later than six months after he has become aware of the damage, of one of the railways with which a claim may be made pursuant to Article 49 (1). ';

8. Article 55 CIV

The text of Paragraph 2 (2) is amended as follows:

'2. However, the limitation period shall be 2 years for claims for damage caused by acts or omissions, whether with the intention of causing such damage or directly knowing that damage is likely to occur. '

Points (a) and (b) are deleted.

Amendments to the Single CIM legislation

1. Article 1 CIM

The text of Section 1 is added as follows:

"These.... Conventions, as well as, in the case at hand, the transport of them to the same level as those set out in Article 2 (2), second paragraph of the Convention. '

Article 18 CIM

The text shall be simplified as follows:

"The consignor shall be responsible for the accuracy of his data on the consignment note. It shall be affected by any consequences resulting from incorrect, inaccurate, incomplete or registered in a place other than that for which it is intended. ';

The last sentence is cancelled.

3. Article 40 CIM

In Section 2, the following words are deleted:

"subject to the restrictions laid down in Article 45'

Article 4 is deleted.

4. Article 43 CIM

Article 1 is amended as follows:

"Article 1 If damage including damage to goods occurs by exceeding the delivery period, the railway shall be obliged to pay a refund which may not exceed four times the import fee. '

5. Article 44 CIM

The title is amended as follows:

"Loss of the right to limit liability"

The text of paragraph 1 is amended as follows:

"The limitation of liability provided for in Articles 25, 26, 30, 32, 33, 40, 42, 43, 45 and 46 may not be applied if it is demonstrated that the damage was caused by acts or omissions of the railway with the intention of causing such damage, or recklessness, knowing that such damage is likely to occur. '

The text of the second paragraph is deleted.

6. Article 47 CIM

The title is amended as follows:

"Recalculation and remuneration of compensation"

Article 47 is added as follows:

"Article 1 If the amounts shown in a foreign currency have to be recalculated when calculating the compensation, they shall be recalculated at the rate applicable on the day and at the place where the compensation is paid. ';

Sections 1, 2 and 3 are renumbered to Sections 2, 3 and 4.

7. Article 58 CIM

the text of § 1 (c) is added as follows:

"(c) resulting from damage caused by acts or omissions, whether with the intention of causing such damage or directly knowing that such damage is likely to occur."

Paragraph 1 (d) is deleted;

Point (e) is changed to point (d).

Final provisions

Signature, ratification, acceptance, approval

Article 1 This Protocol shall be deposited in Bern by 30 June 1991 with the Swiss Government as depositary of the Convention for the Signature of States Invited to the 2nd General Assembly of the Intergovernmental Organisation for International Rail Transport (OTIF).

Article 2 Article 20 (1) of the COTIF provides that this Protocol shall be subject to ratification, acceptance or approval; instruments of ratification and acceptance or approval shall be deposited with the depositary Government as soon as possible.

Citation	Communication from the Ministry of Foreign Affairs No. 274 / 1996 Coll., on the access of the Czech Republic to the Convention on International Rail Transport (COTIF) and the Protocol on Amendments to the Convention on International Rail Transport
Regulation Type	International Treaty
Author	-
Collection	Code of Laws

Date of Promulgation	01.11.1996
Effective from	01.11.1996
Effective until	-
Status	Valid

Communication from the Ministry of Foreign Affairs on the access of the Czech Republic to the Convention on International Rail Transport (COTIF) and the Protocol on Amendments to the Convention on International Rail Transport

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