Decree of Ministry of Foreign Affairs No. 8 / 1985 Coll.
Decree of the Minister for Foreign Affairs on the Convention on International Carriage by Rail (COTIF)
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Effective from 01.05.1985
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8
DECLARATION
Minister for Foreign Affairs
of 2 August 1984
concerning the Convention concerning International Carriage by Rail (COTIF)
On 9 May 1980, the Convention on International Carriage by Rail (COTIF) was negotiated in Bern.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in Bern on 29 December 1980.
The Convention has been approved by the Federal Assembly of the Czechoslovak Socialist Republic and has been ratified by the President of the Czechoslovak Socialist Republic, subject to the condition that, pursuant to Article 12 (3) of the COTIF Convention and Article 3 (1) of Appendix A - Uniform legislation for the International Carriage of Passengers and Luggage (CIV), the Czechoslovak Socialist Republic will not apply Article 12 (1) of the COTIF Convention and all provisions on the liability of railways for the death and injury of passengers when they are citizens of the CSSR and passengers residing in the CSSR if an accident occurred within its territory. The instrument of ratification was deposited with the Swiss Government, the depositary of the Convention, on 28 January 1983.
The Convention shall enter into force on 1 May 1985 on the basis of Article 24 (1) thereof and shall also enter into force on the Czechoslovak Socialist Republic. The International Convention on the Carriage of Goods by Rail (CIM) and the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 7 February 1970, published No 106 / 1975 Coll., as well as the Additional Convention to the CIV Convention on the Liability of Railways for the Death and Injury of Passengers of 26 February 1966, published No 94 / 1973 Coll. and No 107 / 1975 Coll.
The Czech translation of the Convention is being announced simultaneously.
First Deputy:
Greece
CONVENTION
concerning international rail transport (COTIF)
Contracting Parties
On the basis of Article 69 (1) of the International Convention on the Carriage of Goods by Rail (CIM) and Article 64 (1) of the International Convention on the Carriage of Passengers and Luggage by Rail (CIV) of 7 February 1970, as well as Article 27 of the Additional Convention to the CIV Convention on the Responsibility of Railways for the Death and Injury of Passengers of 26 February 1966, they have come together; and
- convinced of the benefits of an international organisation
and
- recognising the need to adapt transport provisions to economic and technical needs
agree as follows:
GENERAL PROVISIONS
Intergovernmental organisations
The Contracting Parties to this Convention shall constitute, as Member States, the Intergovernmental Organisation for International Carriage by Rail (OTIF), hereinafter referred to as "the Organisation '.
The seat of the Organization is Bern.
The organisation shall have legal personality. In particular, it shall be entitled to conclude contracts, acquire and dispose of immovable and movable property, and to sue and be sued.
The organisations, members of its staff, called upon by experts and representatives of the Member States, shall enjoy the necessary privileges and immunities for the performance of their duties under the conditions laid down in the Protocol annexed to the Convention and forming an integral part thereof.
The relations between the Organisation and the State of its seat are governed by a special agreement on the seat.
The working languages of the Organization are French and German.
Mission Organisation
The mission of the Organisation is, above all, to establish a uniform legal order for the carriage of passengers, baggage and goods in direct international transport by rail between Member States, as well as to facilitate the implementation and further development of these legal rules.
The legal rules referred to in § 1 may also be applied in direct international shipments carried out not only on railway lines but also on land, sea and inland waterways.
Uniform CIV and CIM legislation
In direct international transport:
- "Uniform legislation concerning the International Carriage of Passengers and Luggage by Rail (CIV)" constituting Appendix A to the Convention;
- "Uniform legislation concerning the International Carriage of Goods by Rail Contract (CIM)" constituting Appendix B to the Convention.
The lines referred to in Article 2 after which such carriage takes place shall be entered in two lists: the list of lines of the CIV and the list of lines of the CIM.
Undertakings operating the lines referred to in Article 2 (2) and included in those lists shall have the same rights and obligations as railways under the Uniform CIV and CIM Regulations, subject to derogations resulting from the specific operating conditions of each mode of transport and published in the same way as tariffs.
However, such derogations shall not affect liability provisions.
Uniform CIV and CIM legislation, including its annexes, shall form an integral part of the Convention.
Definition of the term "Convention"
In the following, the term "Convention 'means the Convention itself, the Protocol referred to in Article 1 (2), second paragraph, and Attachments A and B, including the Annexes thereto referred to in Article 3 (1) and (4).
STRUCTURE AND ACTIVITIES
Authorities
The activities of the Organisation shall be provided by the following bodies:
- General Assembly,
- the Administrative Committee,
- The Revision Committee,
- the Committee of Experts on the Transport of Dangerous Goods,
- Central Office for International Rail Transport (OCTI).
General Assembly
The General Assembly shall be composed of representatives of the Member States.
General Assembly
(a) establish internal rules of procedure;
(b) determine the composition of the Administrative Committee pursuant to Article 7 (1);
(c) issue guidelines for the activities of the Administrative Committee and the Central Office;
(d) fix, for a period of five years, the maximum amount which the annual expenditure of the Organisation may achieve or gives guidelines for limiting such expenditure;
(e) decide pursuant to Article 19 (2) on proposals to amend the Convention;
(f) decide on requests for access referred to in Article 23 (2);
(g) decide on other matters on the agenda referred to in Article 3.
The Central Office shall convene: The General Assembly shall send the draft agenda to the Member States no later than three months before the beginning of the meeting, once every five years or at the request of one third of the Member States, as well as in the cases referred to in Articles 19 (2) and 23 (2).
The General Assembly shall be eligible for a quorum if the majority of the Member States are represented.
Each Member State may be represented by another Member State; However, one State cannot represent more than two other States.
The General Assembly shall take its decisions by a simple majority of the Member States represented at the vote.
When voting on the issues referred to in paragraphs 2 (d) and 2 (e), in this last case, on proposals to amend the Convention itself and the Protocol, a two-thirds majority is required.
With the agreement of a majority of the Member States, the Central Office shall invite non-Member States to participate in the General Assembly meeting with a vote.
With the agreement of the majority of the Member States, the Central Office shall also invite international organisations dealing with transport issues or issues on the agenda to participate in the General Assembly meeting with a voice.
Before each meeting of the General Assembly and under the directives of the Administrative Committee, the Revision Committee shall be convened for a preliminary examination of the proposals referred to in Article 19 (2).
Administrative Committee
The Administrative Committee shall be composed of representatives of eleven Member States. The Swiss Confederation shall hold a permanent post in the Administrative Committee and shall hold a chairmanship. Other countries are appointed for a five-year period. The composition of the Administrative Committee shall be determined for each five-year period, taking into account in particular the fair geographical distribution. No Member State may be a member of the Administrative Committee for more than two consecutive periods.
Where a vacancy is made, the Administrative Committee shall appoint another Member State for the remaining period.
Each Member State which is a member of the Administrative Committee shall designate one delegate; may also designate a representative.
Administrative Committee
(a) establish internal rules of procedure;
(b) conclude a seat agreement;
(c) lay down rules on the organisation, activity and legal status of staff of the Central Office;
(d) appoint, taking into account the eligibility of the candidates and the appropriate geographical distribution, the Director-General, the Deputy Director-General, the Board of Directors and the Central Office's Radyadjunts; The Central Authority shall inform the Member States in due time of the release of one of these sites; proposals for candidates for the post of Director-General and Deputy Director-General shall be submitted by the Swiss Government;
(e) control the administrative and financial activities of the Central Office;
(f) supervise the proper application of the Convention by the Central Authority and the correct decisions taken by other institutions; recommend, where necessary, measures appropriate to facilitate the application of the Convention and those Decisions;
(g) examine questions which may affect the activities of the Central Office and which are referred to it by a Member State or by the Director-General of the Central Office;
(h) approve the annual work plan of the Central Office;
(i) approve the Organisation's annual budget, its management report and its annual final account;
(j) send the Member States a report on the matter, the annual accounts and its decisions and recommendations;
(k) draw up an activity report, draw up proposals for its new composition and communicate them to the Member States not later than two months before the beginning of the General Assembly meeting to decide on its composition.
Unless the Administrative Committee decides otherwise, it shall meet at the seat of the Organisation.
The Administrative Committee shall meet twice a year; meetings shall be held either on the basis of the Chairman's decision or if four members so request.
Minutes shall be delivered to all Member States.
Committees
The Revision Committee and the Committee of Experts on the Transport of Dangerous Goods, hereinafter referred to as the Committee of Experts, shall be composed of representatives of the Member States; The Director-General of the Central Office or his representative shall attend meetings with the advisory vote.
Revision Committee
(a) decide pursuant to Article 19 (3) on proposals to amend the Convention;
(b) examine, pursuant to Article 6 (7), the proposals to be submitted to the General Assembly.
Committee of Experts
decide pursuant to Article 19 (4) on proposals to amend the Convention.
The central office shall convene committees either on its own initiative or at the request of five Member States and in the case foreseen in Article 6 (7); The Central Authority shall deliver a draft agenda to the Member States no later than two months before the beginning of the meeting.
The Revision Committee shall be able to act if a majority of the Member States are represented; The Committee of Experts shall be able to act if one third of the Member States are represented.
A Member State may be represented by another Member State; However, one State cannot represent more than two other Member States.
Each Member State represented shall have one vote; shall be voted by hand-lifting or, on request, by nominal calling.
The application shall be accepted if the number of positive votes:
(a) is equal to at least one third of the Member States represented at the vote; and
(b) is greater than the number of negative votes.
With the agreement of a majority of the Member States, the Central Office shall invite the advisory non-Member States and international organisations working in the field of transport or dealing with issues on the agenda to a meeting. Under the same conditions, independent experts may be invited to the Committee of Experts.
The committees shall elect a Chair and one or two Vice-Presidents for each meeting.
The meetings shall be held in the working languages. The essential content of the speeches presented during the sitting in one working language shall be translated into a second working language; proposals and resolutions shall be submitted in full.
The protocols shall contain a brief content of the negotiations. Proposals and resolutions shall be presented in full. The French text is applicable to the resolution. Protocols shall be sent to all Member States.
Committees may set up working groups to discuss certain issues.
Committees may establish their own rules of procedure.
Central Office
The Central Authority for International Carriage by Rail shall act as Secretariat of the Organisation.
In particular, the Central Authority shall:
(a) perform the tasks assigned to it by other bodies of the organisation;
(b) prepare proposals for amendments to the Convention for consideration and invite experts to do so where necessary;
(c) convene committees;
(d) the necessary documents for meetings of the various institutions are in good time for the Member States;
(e) maintain the current status and publish the track lists referred to in Article 3 (2);
(f) accept communications from Member States and transport undertakings and make them known to other Member States and transport undertakings where necessary;
(g) maintain the current status and publish an overview of judicial decisions;
(h) issue a periodic journal;
(i) represent the Organisation with other international organisations responsible for issues related to the Organisation's mission;
(j) process the draft annual budget of the Organisation and submit it for approval to the Administrative Committee;
(k) manage the organisation's financial affairs within the approved budget;
(l) at the request of a Member State or a transport undertaking, by offering its good services, endeavour to settle disputes between the States or undertakings concerned for the interpretation or application of the Convention;
(m) issue expert opinions in disputes concerning the interpretation or application of the Convention at the request of interested parties - Member States, transport undertakings or users;
(n) cooperate in the settlement of disputes in the arbitration procedure referred to in Section III;
(o) facilitate financial relations between transport undertakings resulting from international transport as well as repayment of outstanding debts.
The periodical journal shall contain the communication necessary for the application of the Convention, as well as the treatise, judicial decisions and information relevant to the interpretation, implementation and development of railway traffic law; The magazine is published in working languages.
Route lists
Member States shall send to the Central Authority their communications on the registration or deletion of lines in the lists referred to in Article 3 (2).
Where, in Article 2 (2), the said lines are linked by Member States, they shall be included in the list only after the agreement of those States; to delete such a line is enough to communicate one of these states.
The Central Authority shall communicate to all Member States the entry or deletion of lines (lines).
The provisions of the Convention shall apply to the route after one month from the date of notification of the Central Office of its registration.
The provisions of the Convention shall cease to apply to the route after one month from the date of notification to the Central Office of its deletion, except for shipments already started which must be completed.
Finance
The amount of expenditure of the Organisation shall be fixed for each year by the Administrative Committee on the basis of a proposal from the Central Office.
The expenditure of the Organisation shall be borne by the Member States in proportion to the length of the registered lines. However, for marine and inland river lines, only half of their length is counted; for other lines operating under special conditions, the contribution may be reduced by a maximum of one half, subject to agreement between the Government concerned and the Central Authority and subject to approval by the Administrative Committee.
At the same time as the transmission of the management report and the annual final account, the Central Office shall ask the Member States to pay their contribution to the expenditure for the previous year as soon as possible but not later than 31 December of the year of referral.
After that date, the amounts due shall be remunerated at 5% per year.
Where a Member State does not pay its contribution within two years from that date, its voting right shall be suspended until it fulfils its payment obligation.
After the expiry of the next two-year period, the General Assembly shall consider whether the position of that State should be considered to be a tacit statement of the Convention, setting, where appropriate, the date on which the statement is to take effect.
The contributions payable shall remain debt in the event of termination pursuant to Article 2 and Article 25 as well as in the event of suspension of the voting right.
Unpaid amounts shall, as far as possible, be covered by the Organisation's credit; may be divided into four annual administrative periods. The full arrears shall be settled in a separate account by the other Member States of the members of the Convention at the time of non-payment; the load shall be performed in proportion to the lengths of their lines entered at the time of opening of the special account.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 8 / 1985 Coll., concerning the Convention on International Carriage by Rail (COTIF) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.02.1985 |
|---|---|
| Effective from | 01.05.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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