<КОНВЕНЦИЯ О МЕЖДУНАРОДНЫХ ПЕРЕВОЗКАХ ПО ЖЕЛЕЗНОЙ ДОРОГЕ (КОТИФ)> [англ.](Вместе с <ПРОТОКОЛОМ О ПРИВИЛЕГИЯХ И ИММУНИТЕТАХ МЕЖПРАВИТЕЛЬСТВЕННОЙ ОРГАНИЗАЦИИ ПО МЕЖДУНАРОДНОЙ ПЕРЕВОЗКЕ ПО...>, <ЕДИНЫМИ ПРАВИЛАМИ О ДОГОВОРЕ МЕЖДУНАРОДНОЙ ПЕРЕВОЗКИ ПАССАЖИРОВ И БАГАЖА ПО... (ЦИВ)>, <ЕДИНЫМИ ПРАВИЛАМИ О ДОГОВОРЕ МЕЖДУНАРОДНОЙ ПЕРЕВОЗКИ ГРУЗОВ ПО... (ЦИМ)> и <ПРАВИЛАМИ РИД, РИП, РИКО, РИЕКС>)(Заключена в г. Берне 09.05.1980)
[official translation] <1>
INTERNATIONAL CARRIAGE BY RAIL (COTIF)
Meeting in accordance with Article 69, § 1 of the
International Convention concerning the Carriage of Goods by Rail (CIM) <2> and
of Article 64, § 1 of the International Convention concerning the Carriage of
Passengers and Luggage by Rail (CIV) of 7 February 1970 <3> and in accordance
with Article 27 of the Additional Convention to the CIV of 26 February 1966
relating to the Liability of the Railway for Death of and Personal Injury to
supplied by the Government of Switzerland.
<2> United Nations, Treaty
Series, vol. 1101, p. 164.
<3> Ibid., p. 340.
<4> Ibid., p.
Convinced of the value of an international organisation,
Recognising the need to adapt the provisions of transport law to economic and
Have agreed as follows:
Title I. GENERAL
§ 1. The
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 headquarters of the
Organisation shall be at Berne.
§ 2. The Organisation shall have legal
personality. It shall in particular have the capacity to enter into contracts,
to acquire and dispose of movable and immovable assets and to be a party to
The Organisation, members of its staff, experts
called in by it and representatives of Member States shall enjoy such privileges
and immunities as are necessary to discharge their duties, subject to the
conditions laid down in the Protocol annexed to the Convention, of which the
Protocol shall form an integral part.
Relations between the Organisation
and the State in which it has its headquarters shall be regulated by a
§ 3. The working languages of the Organisation
shall be French and German.
Aim of the Organisation
1. The principal aim of the Organisation shall be to establish a uniform system
of law applicable to the carriage of passengers, luggage and goods in
international through traffic by rail between Member States, and to facilitate
the application and development of this system.
§ 2. The system of law
provided for in § 1 may also be applied to international through traffic using
in addition to services on railway lines, land and sea services and inland
CIV and CIM Uniform Rules
§ 1. Carriage in
international through traffic shall be subject to:
- The "Uniform Rules
concerning the Contract for International Carriage of Passengers and Luggage by
Rail (CIV)", forming Appendix A to the Convention;
- The "Uniform Rules
concerning the Contract for International Carriage of Goods by Rail (CIM)",
forming Appendix B to the Convention.
§ 2. The lines or services
referred to in Article 2, on which such carriage is undertaken, shall be
included in two lists: a list of CIV lines and a list of CIM lines.
3. The undertakings responsible for the services referred to in Article 2, § 2
and included in the lists, shall have the same rights and obligations as those
arising for railways under the CIV and CIM Uniform Rules, subject to such
derogations as result from the operating conditions peculiar to each mode of
transport, which shall be published in the same form as the tariffs.
Nevertheless, the rules as to liability may not be made the subject of
§ 4. The CIV and CIM Uniform Rules, including their
Annexes, shall form an integral part of the Convention.
Definition of the expression "Convention"
In the following texts the
expression "Convention" covers the Convention itself, the Protocol referred to
in Article 1, § 2, second sub-paragraph, and Appendices A and B including their
Annexes, referred to in Article 3, § 1 and 4.
Title II. STRUCTURE AND
The functioning of the Organisation
shall be ensured by the following organs:
- General Assembly;
- Revision Committee;
- Committee of
Experts for the Carriage of Dangerous Goods;
- Central Office for
International Carriage by Rail (OCTI).
§ 1. The General Assembly shall be composed of representatives of the Member
§ 2. The General Assembly shall:
(a) Establish its
rules of procedure;
(b) Determine the composition of the Administrative
Committee in accordance with Article 7, § 1;
(c) Issue directives
concerning the work of the Administrative Committee and the Central Office;
(d) Fix, for five-year periods, the maximum figure for the annual
expenditure of the Organisation, or issue directives relating to the limitation
of that expenditure;
(e) Take decisions, in accordance with Article 19,
§ 2, on proposals to amend the Convention;
(f) Take decisions on
applications for accession submitted to the General Assembly in accordance with
Article 23, § 2;
(g) Take decisions on other questions placed on the
agenda in accordance with § 3.
§ 3. The Central Office shall convene
the General Assembly once every five years or at the request of one-third of the
Member States, as well as in the cases provided for in Articles 19, § 2 and 23,
§ 2, and shall send the draft agenda to the Member States at least three months
before the opening of the session.
§ 4. There shall be a quorum in the
General Assembly when a majority of the Member States are represented there.
A Member State may arrange to be represented by another Member State; no
State may however represent more than two other States.
§ 5. Decisions
of the General Assembly shall be taken by a majority vote of the Member States
represented at the time of the vote.
However, for the purposes of § 2,
(d) and (e), in the latter case where there are proposals to amend the
Convention itself or the Protocol, the majority shall be two-thirds.
6. With the agreement of a majority of the Member States, the Central Office
shall also invite non-Member States to attend sessions of the General Assembly
in an advisory capacity.
With the agreement of a majority of the Member
States, the Central Office shall invite international organisations concerned
with transport matters or with problems which have been placed on the agenda to
attend sessions of the General Assembly in an advisory capacity.
Before sessions of the General Assembly and as directed by the Administrative
Committee, the Revision Committee shall be convened for preliminary
consideration of the proposals referred to in Article 19, § 2.
§ 1. The Administrative Committee shall be
composed of representatives of eleven Member States.
Confederation shall have a permanent seat and shall assume the Chairmanship of
the Committee. Other States shall be appointed for five years. The composition
of the Committee shall be determined for each five-year period, having regard in
particular to an equitable geographical distribution of seats. No Member State
may sit on the Committee for more than two consecutive periods.
vacancy occurs, the Committee shall appoint another Member State for the
remainder of the period.
Each Member State with a seat on the Committee
shall appoint one delegate; it may also appoint an alternate.
§ 2. The
(a) Establish its rules of procedure;
Conclude the Headquarters Agreement;
(c) Make regulations to govern the
organisation, and functioning of the Central Office and the conditions of
service of its staff;
(d) Appoint, taking account of the ability of the
candidates and an equitable geographical distribution, the Director General,
Deputy Director General, Counsellors and Assistant Counsellors of the Central
Office. The Central Office shall inform the Member States in good time of any
vacancy which may occur in those posts; the Swiss Government shall propose
candidates for the posts of Director General and Deputy Director General;
(e) Exercise both administrative and financial control over the affairs of the
(f) Ensure the correct application by the Central Office
of the Convention and of decisions taken by the other organs; it shall, if
necessary, recommend measures to be taken to facilitate the application of the
Convention and of the decisions;
(g) Give reasoned opinions on questions
which may affect the work of the Central Office and are submitted to the
Committee by a Member State or by the Director General of the Central Office;
(h) Approve the Central Office"s annual programme of work;
Approve the annual budget of the Organisation, the annual report and the annual
(j) Send to the Member States the annual report, the annual
statement of accounts as well as of its decisions and recommendations;
(k) Prepare and send to the Member States, at least two months before the
opening of the session of the General Assembly which is to decide the
Committee"s composition, a report on its work and proposals as to how it should
§ 3. Unless it decides otherwise, the Committee shall
meet at the headquarters of the Organisation.
It shall hold two meetings
each year; it shall also meet if the Chairman so decides or at the request of
four of its Members.
The minutes of its meetings shall be sent to all
§ 1. The Revision Committee
and the Committee of Experts on the Carriage of Dangerous Goods, hereinafter
called the "Committee of Experts", shall be composed of representatives of the
The Director General of the Central Office or his
representative shall attend the meetings in an advisory capacity.
The Revision Committee shall:
(a) Take decisions in accordance with
article 19, § 3 on proposals to amend the Convention;
(b) Consider in
accordance with article 6, § 7 proposals submitted to the General Assembly.
The Committee of Experts shall:
Take decisions in accordance with
article 19, § 4 on proposals to amend the Convention.
§ 3. The Central
Office shall convene the Committees either on its own initiative or at the
request of five Member States, or in the case provided for in article 6, § 7,
and shall send the draft agenda to the Member States at least two months before
the opening of the meeting.
§ 4. There shall be a quorum in the
Revision Committee when a majority of the Member States are represented there;
there shall be a quorum in the Committee of Experts when one-third of the Member
States are represented there.
A Member State may arrange to be
represented by another Member State; no State may however represent more than
two other States.
§ 5. Each Member State represented shall have one
vote; voting shall take place by show of hands or, on request, by nominal
A proposal shall be adopted if the number of votes in favour
(a) Equal to at least one-third of the number of Member States
represented at the time of the vote;
(b) Greater than the number of
§ 6. With the agreement of a majority of the Member
States the Central Office shall invite non-Member States, and international
organisations having competence in transport matters or with problems which,
have been, placed on the agenda, to attend meetings of the Committees in an
advisory capacity. Under the same conditions, independent experts may be invited
to meetings of the Committee of Experts.
§ 7. The Committees shall
elect a Chairman and one or two Deputy Chairmen for each meeting.
The proceedings shall be conducted in the working languages. The substance of
what is said during a meeting in one of the working languages shall be
translated into the other; proposals and decisions shall be translated in
§ 9. The minutes shall summarise the proceedings. Proposals and
decisions shall be reproduced in full. With regard to decisions, the French text
Copies of the minutes shall be distributed to Member
§ 10. The Committees may appoint working groups to deal with
§ 11. The Committees may establish their own rules
§ 1. The Central Office
for International Carriage by Rail shall provide the Secretariat of the
§ 2. The Central Office shall, in particular,
Carry out the duties entrusted to it by the other organs of the Organisation;
(b) Examine proposals to amend the Convention, if necessary with the
assistance of experts;
(c) Convene the Committees;
(d) Send to
Member States, in due time, the documents necessary for the meetings of the
(e) Maintain and publish the lists of lines provided for
in article 3, § 2;
(f) Receive communications from the Member States
and from transport undertakings, and communicate them, where appropriate, to the
other Member States and other transport undertakings;
(g) Maintain and
publish a card-index of legal precedents;
(h) Publish a periodical
(i) Represent the Organisation in relations with other
international organisations competent to deal with questions relevant to the
aims of the Organisation;
(j) Draw up the Organisation"s draft annual
budget and submit it to the Administrative Committee for approval;
Manage the financial affairs of the Organisation within the limits of the
(l) Endeavour, at the request of a Member State or
transport undertaking, by using its good offices, to settle disputes between
such States or undertakings arising from the interpretation or application of
(m) Give, at the request of the parties concerned -
Member States, transport undertakings or users - an opinion on disputes arising
from the interpretation or application of the Convention;
Collaborate in the settlement of disputes by arbitration in accordance with
(o) Facilitate, as between transport undertakings, financial
relations arising from international traffic and the recovery of outstanding
§ 3. The periodical bulletin shall contain the information
necessary for the application of the Convention, as well as studies, judgments
and important information for the interpretation, application and development or
railway transport law; it shell be published in the working languages.
Lists of lines or services
§ 1. Member States shall send
to the Central Office notifications concerning the inclusion of lines or
services in or deletion of lines or services from the lists provided for in
Article 3, § 2.
In so far as they link Member States, the lines or
services referred to in Article 2, 2 shall only be included in the lists with
the agreement of those States for the deletion of such a line or service,
notification by one of those Stales shall suffice.
The Central Office
shall notify all the Member States of the inclusion or deletion of any line or
§ 2. A line or service shall become subject to the Convention
one month after the date of notification of its inclusion.
§ 3. A line
or service shall cease to be subject to the Convention one month after the date
of notification of its deletion, except for traffic already in transit which
shall be carried to its destination.
The expenditure of the Organisation shall be fixed for each financial year by
the Administrative Committee on the basis of a proposal by the Central
The expenditure of the Organisation shall be financed by the
Member Stales in proportion to the length of the lines listed. However, services
on sea routes and inland waterways shall count only in respect of one-half of
the length of their routes; in the case of other lines or services operated
under special conditions, the contribution may be reduced by up to one half by
agreement between the Government concerned and the Central Office, subject to
the approval of the Administrative Committee.
§ 2. When sending its
annual report and statement of accounts to the Member States, the Central Office
shall invite them to pay their contributions towards the expenditure of the past
financial year as soon as possible and not later than 31 December of the year in
which the documents are sent out.
After that date, the amounts due shall
bear interest at the rate of five per cent per annum.
If, two years
after that date, a Member State has not paid its contribution, its right to vote
shall be suspended until it has fulfilled its obligation to pay.
expiry of a further period of two years, the General Assembly shall consider
whether the attitude of that State should be regarded as a tacit denunciation of
the Convention and, where necessary shall determine the effective date
§ 3. Contributions that have fallen due shall remain payable
in the cases of denunciation referred to in § 2 and in Article 25, and in cases
of suspension of the right to vote.
§ 4. Sums not recovered shall as
far as possible be made good out of the resources of the Organisation; they may
be spread over four financial years. Any remaining deficit shall be debited in a
special account to the other Member States, in so far as they were parties to
the Convention during the period of non-payment; the debit shall be proportional
to the length of their lines listed on the date on which the special account is
§ 5. A State which has denounced the Convention may become a
Member State again by accession, provided that it has paid the sum due.
§ 6. A charge shall be made by the Organisation to cover the special expenses
arising from activities provided for in Article 9, § 2, (l) to (n); in the
cases provided for in Article 9, § 2, (l) and (m), the charge shall be
determined by the Administrative Committee, on the basis of a proposal by the
Central Office; in the case provided for in Article 9, § 2 (n), Article 15, §
2 shall apply.
§ 7. The reconciliation of the accounting records and
vouchers shall be audited by the Swiss Government, which shall present a report
to the Administrative Committee.
Title III. ARBITRATION
§ 1. Disputes between Member States arising from the
interpretation or application of the Convention, as well as disputes between
Member States and the Organisation arising from the interpretation or
application of the Protocol on privileges and immunities may, at the request of
one of the parties, be referred to an Arbitration Tribunal. The parties shall
freely determine the composition of the Arbitration Tribunal and the arbitration
§ 2. Disputes
(a) Between transport undertakings,
(b) Between transport undertakings and users,
(c) Between users,
arising from the application of the CIV Uniform Rules and the CIM Uniform
Rules, if not settled amicably or brought before the ordinary tribunals may, by
agreement between the parties concerned, be referred to an Arbitration Tribunal.
Articles 13 to 16 shall apply to the composition of the Arbitration Tribunal and
the arbitration procedure.
§ 3. Any State may, on signing the
Convention or depositing its instrument of ratification, acceptance, approval or
accession reserve the right not to apply all or part of the provisions of § 1
and § 2.
§ 4. Any State which has made a reservation in pursuance of
§ 3 may withdraw it at any time by informing the depositary Government. The
withdrawal of the reservation shall take effect one month after the date on
which the depositary Government notifies it to the States.
Agreement to refer to arbitration. Registry
The Parties shall conclude an
agreement to refer to arbitration, which shall, in particular, specify:
(a) The subject matter of the dispute;
(b) The composition of the
Tribunal and the agreed period for nomination of the arbitrator or
(c) The place where it is agreed that the Tribunal is to
The agreement to refer to arbitration must be communicated to the
Central Office which shall act as Registry.
§ 1. A panel of arbitrators shall be established and kept up to date by the
Central Office. Each Member State may nominate to the panel of arbitrators two
of its nationals who are specialists in international transport law.
2. The Arbitration Tribunal shall be composed of one, three or five arbitrators
in accordance with the agreement to refer to arbitration.
arbitrators shall be selected from persons who are on the panel referred to in
§ 1. Nevertheless, if the agreement to refer to arbitration provides for five
arbitrators, each of the parties may select one arbitrator who is not on the
If the agreement to refer to arbitration provides for a sole
arbitrator, he shall be selected by mutual agreement between the parties.
If the agreement to refer to arbitration provides for three or five
arbitrators, each party shall select one or two arbitrators as the case may be;
these, by mutual agreement, shall appoint the third or fifth arbitrator, who
shall be President of the Arbitration Tribunal.
If the parties cannot
agree on the selection of a sole arbitrator, or the selected arbitrators cannot
agree on the appointment of a third or fifth arbitrator, the appointment shall
be made by the Director-General of the Central Office.
§ 3. The sole
arbitrator, or the third or fifth arbitrator, must be of a nationality other
than that of either party, unless both are of the same nationality.
intervention of a third party in the dispute shall not affect the composition of
the Arbitration Tribunal.
§ 1. The
Arbitration Tribunal shall decide the procedure to be followed having regard in
particular to the following provisions:
(a) It shall enquire into and
determine cases on the basis of the evidence submitted by the parties, but will
not be bound by their interpretations when it is called upon to decide a
question of law;
(b) It may not award more than the claimant has
claimed, nor anything of a different nature, nor may it award less than the
defendant has acknowledged as due;
(c) The arbitration award, setting
forth the reasons for the decision, shall be drawn up by the Arbitration
Tribunal and notified to the parties by the Central Office;
where the mandatory provisions of the law of the place where the Arbitration
Tribunal is sitting otherwise provide and subject to contrary agreement by the
parties, the arbitration award shall be final.
§ 2. The fees of the
arbitrators shall be determined by the Director-General of the Central
The Tribunal shall determine in its award the amount of costs
and expenses and shall decide how they and the fees of the arbitrators are to be
apportioned between the parties.
§ 1. The commencement of arbitration proceedings shall have the same effect,
as regards the interruption of periods of limitation, as that attributed by the
applicable provisions of substantive law to the institution of an action in the
§ 2. The Arbitration Tribunal"s award in relation to
transport undertakings or users becomes enforceable in each of the Member States
on completion of the formalities required in the State where enforcement is to
take place. The merits of the case shall not be subject to review.
IV. MISCELLANEOUS PROVISIONS
Recovery of debts outstanding
§ 1. Outstanding accounts in
respect of transport operations subject to the Uniform Rules may be forwarded to
the Central Office by the creditor transport undertaking for assistance in
securing payment; to that end the Central Office shall formally call upon the
debtor transport undertaking to pay the sum due or state the reasons for its
refusal to pay.
§ 2. If the Central Office considers that the grounds
for refusal are adequate, it shall advise the parties to have recourse either to
the competent court or to the Arbitration Tribunal in accordance with Article
12, § 2.
§ 3. If the Central Office considers that the whole or part
of the sum is properly due it may, after taking expert advice where appropriate,
call upon the debtor transport undertaking to pay the whole or part of the debt
to the Central Office; the sum so paid shall be retained until the competent
court or the Arbitration Tribunal has given a final decision on the merits of
§ 4. If within a fortnight the undertaking does not pay the
sum fixed by the Central Office, the latter shall send a further formal notice
and draw attention to the consequences of non-compliance.
§ 5. If no
payment is received within two months after such further notice, the Central
Office shall notify the Member State having jurisdiction over the undertaking,
of the action taken and of the grounds therefor, inviting that Member State to
take further action and in particular to consider whether the lines or services
of that undertaking should remain on the list.
§ 6. If the Member State
declares that, notwithstanding the failure to pay, it wishes the undertaking"s
lines or services to remain on the lists, or if it fails to reply to the Central
Office communication within a period of six weeks, it shall be deemed to
guarantee the settlement of all debts arising from transport operations subject
to the Uniform Rules.
Judgments. Attachment. Security for
§ 1. Judgments pronounced by the competent court under the
provisions of the Convention after trial or by default shall, when they have
become enforceable under the law applied by that court, become enforceable in
each of the other Member States on completion of the formalities required in the
State where enforcement is to take place. The merits of the case shall not be
subject to review.
This provision shall apply neither to judgments which
are provisionally enforceable, nor to awards of damages in addition to costs
against a plaintiff who fails in his action.
The first subparagraph
shall apply equally to judicial settlements.
§ 2. Debts arising from a
transport operation subject to the Uniform Rules, owed to one transport
undertaking by another transport undertaking not under the jurisdiction of the
same Member State, may only be attached under a judgment given by the judicial
authority of the Member State which has jurisdiction over the undertaking
entitled to payment of the debt sought to be attached.
§ 3. Rolling
stock belonging to a railway, as well as all transport equipment belonging to
that railway, such as containers, loading tackle and sheets may not be seized on
any territory other than that of the Member State having jurisdiction over the
owner railway, except under a judgment given by the judicial authority of that
Private owners" wagons, as well as all transport equipment
contained in such wagons and belonging to the owner of the wagon, may not be
seized on any territory other than that of the State in which the owner is
domiciled, except under a judgment given by the judicial authority of that
§ 4. Security for costs shall not be required in proceedings
founded on the provisions of the Convention.
Title V. AMENDMENT OF THE
§ 1. Member States shall send
their proposals for amending the Convention to the Central Office, which shall
immediately bring them to the notice of the other Member States.
The General Assembly shall take decisions on proposals to amend provisions of
the Convention not referred to in § 3 and 4.
The inclusion of a
proposal for an amendment on the agenda for a session of the General Assembly
must be supported by one-third of the Member States.
When seized of a
proposal for an amendment the General Assembly may decide, by the majority
required under article 6, § 5, that such proposal is closely linked with one or
more provisions the amendment of which is within the competence of the Revision
Committee in accordance with § 3. In that case the General Assembly is also
empowered to take decisions on the amendment of such provision or provisions.
§ 3. Subject to decisions taken by the General Assembly in accordance with
§ 2, subparagraph 3, the Revision Committee shall take decisions on proposals
to amend the provisions listed below:
(a) CIV Uniform Rules:
Articles 1, § 3, 4, § 2; 5 (except § 2), 6, 9 to 14, 15 (except § 6), 16 to
21, 22, § 3; 23 to 25, 37, 43 (except § 2 and § 4), 48, 49, 56 to 58 and
- The amounts expressed in units of account in Articles 30, 31, 38,
40 and 41, where the purpose of the amendment is to increase those amounts;
(b) CIM Uniform Rules:
- Articles 1, § 2; 3 § 2 to 5; 4, 5, 6
(except § 3), 7, 8, 11 to 13, 14 (except § 7), 15 to 17, 19 (except § 4), 20
(except § 3), 21 to 24, 25 (except § 3), 26 (except § 2), 27, 28 §§ 3 and
6; 29, 30 (except § 3), 31, 32 (except § 3), 33 (except § 5), 34, 38, 39,
41,45,46, 47 (except § 3), 48 (only in so far as it is a question of adaptation
to international maritime transport law), 52, 53, 59 to 61, 64 and 65;
The amount expressed in units of account in Article 40, where the purpose of the
amendment is to increase that amount;
- Regulations concerning the
International Haulage of Private Owners" Wagons by Rail (RIP), Annex II;
- Regulations concerning the International Carriage of Containers by Rail
(RICo), Annex III;
- Regulations concerning the International Carriage
of Express Parcels by Rail (RIEx) Annex IV.
§ 4. The Committee of
Experts shall take decisions on proposals to amend the provisions of the
Regulations concerning the International Carriage of Dangerous Goods by Rail
(RID), Annex I to the CIM Uniform Rules.
Decisions of the
§ 1. Amendments decided upon by the General Assembly
shall be recorded in a Protocol signed by the representatives of the Member
States. The Protocol shall be subject to ratification, acceptance or approval;
instruments of ratification, acceptance or approval shall be deposited as soon
as possible with the depositary Government.
§ 2. When the Protocol has
been ratified, accepted or approved by more than two-thirds of the Member
States, the decisions shall come into force on the expiry of a period of time
determined by the General Assembly.
§ 3. As soon as the decisions enter
into force, the application of the CIV and CIM Uniform Rules shall be suspended
in respect of traffic with and between those Member States which, one month
before the date fixed for such entry into force, have not yet deposited their
instruments of ratification, acceptance or approval. Such suspension shall be
notified to Member States by the Central Office; it shall end one month after
the date of notification by the Central Office of the ratification, acceptance
or approval of the said decisions by the States concerned.
suspension shall not apply to Member States which notify the Central Office
that, without having deposited their instruments of ratification, acceptance or
approval, they will apply the amendments decided upon by the General
Decisions of the Committees
§ 1. Amendments
decided upon by the Committees shall be notified to the Member States by the
§ 2. Such decisions shall come into force for all
Member States on the first day of the twelfth month following the month in which
the Central Office notifies them to the Member States, unless one-third of the
Member States have objected within four months from the date of such
However, if a Member State lodges objections to a decision
of the Revision Committee within the period of four months and denounces the
Convention not later than two months before the date fixed for the entry into
force of that decision, the latter shall only come into force at the time when
the denunciation by the State concerned takes effect.
Title VI. FINAL
Signature, ratification, acceptance
approval of the Convention
§ 1. The Convention shall remain open at Berne,
with the Swiss Government, until 31 December 1980, for signature by the States
which have been invited to the 8th Ordinary Revision Conference for the CIM and
§ 2. The Convention shall be subject to ratification,
acceptance or approval; instruments of ratification, acceptance or approval
shall be deposited with the Swiss Government, the Depositary Government.
Accession to the Convention
§ 1. Those States which have
been invited to the 8th Ordinary Revision Conference for the CIM and CIV
Conventions but have not signed the new Convention within the period specified
in Article 22, § 1, may nevertheless signify their accession to the Convention
before it comes into force. The instrument of accession shall be deposited with
the Depositary Government.
§ 2. Any State wishing to accede to this
Convention after it comes into force shall address its application to the
Depositary Government together with a note on the situation of its rail
transport undertakings from the standpoint of international traffic. The
Depositary Government shall communicate them to the Member States and to the
The application shall be deemed to be accepted six
months after the aforesaid communication, unless five Member States lodge
objections with the Depositary Government. The Depositary Government shall
inform the applicant State as well as the Member States and the Central Office
accordingly. The new Member State shall comply with the provisions of Article 10
In the event of an objection, the Depositary Government
shall submit the application for accession to the General Assembly for
Following the deposit of the instrument of accession, this
shall take effect on the first day of the second month following the month
during which the Central Office has notified the Member States of the list of
lines and services of the new Member State.
§ 3. Any accession to the
Convention may only relate to the Convention and amendments in force at that
Entry into force of the Convention
§ 1. When
the instruments of ratification, acceptance, approval or accession have been
deposited by fifteen States, the Depositary Government shall contact the
Governments concerned with a view to reaching agreement on the entry into force
of the Convention.
§ 2. The entry into force of the Convention shall
have the effect of abrogating the International Conventions concerning the
Carriage of Goods by Rail (CIM) and the Carriage of Passengers and Luggage by
Rail (CIV) of 7 February 1970 as well as the Additional Convention to the CIV
relating to the Liability of the Railway for Death of and Personal Injury to
Passengers of 26 February 1966.
Denunciation of the
Any State which wishes to denounce the Convention shall inform
the Depositary Government. The denunciation shall take effect on 31 December of
the following year.
Functions of the Depositary
The Depositary Government shall inform the States which have
been invited to the 8th Ordinary Revision Conference for the CIM and CIV
Conventions, any other States which have acceded to the Convention, and the
(a) Of signatures to the Convention, of the deposit of
instruments of ratification, acceptance, approval or accession and of
notifications of denunciation;
(b) Of the date on which the Convention
is to enter into force pursuant to Article 24;
(c) Of the deposit of
instruments of ratification, acceptance or approval of the protocols referred to
in Article 20.
Reservations to the Convention
Reservations to the Convention may only be made if there is provision for them
in the Convention.
Texts of the Convention
Convention shall be concluded and signed in the French language.
French text shall be accompanied by official translations in German, English,
Arabic, Italian and Dutch.
The French text alone shall prevail.
In witness whereof the undersigned, being duly authorised by their respective
Governments, have signed this Convention.
Done at Berne, this ninth day of
May one thousand nine hundred and eighty, in a single original in the French
language, which shall remain deposited in the archives of the Swiss
Confederation. A certified copy shall be sent to each of the Member States.
ON THE PRIVILEGES AND IMMUNITIES OF THE
INTERGOVERNMENTAL ORGANISATION FOR INTERNATIONAL
CARRIAGE BY RAIL
§ 1. Within the scope of its official activities,
the Organisation shall enjoy immunity from jurisdiction and execution save:
(a) To the extent that the Organisation shall have expressly waived such
immunity in a particular case;
(b) In the case of a civil action for
damages brought by a third party arising from an accident caused by a motor
vehicle or other means of transport belonging to, or operated on behalf of, the
Organisation, or in respect of a traffic offence involving such a means of
(c) In the case of a counter-claim directly connected with
proceedings initiated by the Organisation;
(d) In the case of attachment
by court order, of the salary, wages and emoluments payable by the Organisation
to a staff member.
§ 2. The property and assets of the Organisation,
wherever situated, shall be immune from any form of requisition, confiscation,
sequestration or any other form of seizure or distraint, except to the extent
that this is rendered necessary as a temporary measure for the prevention of
accidents involving motor vehicles belonging to or operated on behalf of the
Organisation, or by enquiries in connection with such accidents.
However, if expropriation is necessary in the public interest, all the
appropriate steps must be taken to avoid interference in the exercise by the
Organisation of its activities and adequate prompt compensation must be paid in
§ 3. In respect of the exercise of its official activities,
the Organisation and its property and income shall be exempted from direct taxes
by each Member State. Where purchase or services of substantial value and
strictly necessary for the exercise of the official activities of the
Organisation are made or used by the Organisation and where the price of such
purchases or services includes taxes or duties, appropriate measures shall,
whenever possible, be taken by the Member States to grant exemption from such
taxes and duties or to reimburse the amount thereof.
No exemption shall
be granted in respect of taxes or charges which are no more than payment for
Goods imported or exported by the Organisation and
strictly necessary for the exercise of its official activities, shall be exempt
from all duties and charges levied on import or export.
shall be granted under this Article in respect of goods purchased or imported,
or services provided, for the personal benefit of the staff members of the
§ 4. Goods acquired or imported under § 3 may not be
sold or given away, nor used otherwise than in accordance with the conditions
laid down by the Member States which have granted the exemptions.
The official activities of the Organisation referred to in this Protocol are
those activities which correspond to the aims defined in Article 2 of the
§ 1. The Organisation may receive and hold any
kind of funds, currency, cash or securities; it may dispose of them freely for
any purpose provided for in the Convention and hold accounts in any currency to
the extent required to meet its obligations.
§ 2. For its official
communications and the transmission of all its documents, the Organisation shall
enjoy treatment no less favourable than that accorded by each Member State to
other comparable international organisations.
Representatives of Member States shall, while exercising their functions and
during journeys made on official business, enjoy the following privileges and
immunities in the territory of each Member State:
(a) Immunity from
jurisdiction, even after the termination of their mission, in respect of acts,
including words spoken and written, done by them in the exercise of their
functions; such immunity shall not apply, however, in the case of damage arising
from an accident caused by a motor vehicle or other means of transport belonging
to or driven by a representative of a State, nor in the case of a traffic
offence involving such a means of transport;
(b) Immunity from arrest
and from detention pending trial, save when apprehended flagrante delicto;
(c) Immunity from seizure of their personal luggage save when apprehended
(d) Inviolability for all their official papers and
(e) Exemption for themselves and their spouses from all
measures restricting entry and from all aliens" registration formalities;
(f) The same facilities regarding currency and exchange control as those
accorded to representatives of foreign Governments on temporary official
The staff members of the Organisation shall, while
exercising their functions, enjoy the following privileges and immunities in the
territory of each Member State:
(a) Immunity from jurisdiction in
respect of acts, including words spoken and written, done by them in the
exercise of their functions, and within the limits of their prerogatives, even
after they have left the service of the Organisation; such immunity shall not
apply, however, in the case of damage arising from an accident caused by a motor
vehicle or other means of transport belonging to or driven by a staff member of
the Organisation, nor in the case of a traffic offence involving such a means of
(b) Inviolability for all their official papers and
(c) The same facilities as regards exemption from measures
restricting immigration and governing aliens" registration as are normally
accorded to staff members of international organisations; members of their
families forming part of their households shall enjoy the same facilities;
(d) Exemption from national income tax, subject to the introduction for the
benefit of the Organisation of an internal tax on salaries, wages and emoluments
paid by the Organisation; nevertheless the Member States may take these
salaries, wages and emoluments into account for the purpose of assessing the
amount of tax to be charged on income from other sources; Member States shall
not be obliged to apply this exemption from tax to payments, retirement pensions
and survivor"s pensions paid by the Organisation to its former staff members or
(e) In respect of exchange control, the same privileges
as are normally accorded to staff members of international organisations;
(f) In time of international crisis, the same repatriation facilities for
themselves and the members of their families forming part of their households as
are normally accorded to staff members of international organisations.
Experts upon whose services the Organisation may call shall,
while exercising their functions in relation to, or undertaking missions on
behalf of, the Organisation, enjoy the following privileges and immunities to
the extent that these are necessary for the exercise of their functions,
including during journeys made in the exercise of their functions and in the
course of such missions:
(a) Immunity from jurisdiction in respect of
acts, including words written and spoken, done by them in the exercise of their
functions; such immunity shall not apply, however, in the case of damage arising
from an accident caused by a motor vehicle or other means of transport belonging
to or driven by an expert, nor in the case of a traffic offence involving such a
means of transport; experts shall continue to enjoy such immunity even after
they have ceased to exercise their functions in relation to the Organisation;
(b) Inviolability for all their official papers and documents;
The exchange control facilities necessary for the transfer of their
(d) The same facilities, in respect of personal luggage,
as are accorded to agents of foreign Governments on temporary official
§ 1. The privileges and immunities provided for in
this Protocol are instituted solely to ensure, in all circumstances, the
unimpeded functioning of the Organisation and the complete independence of the
persons to whom they are accorded. The competent authorities shall waive any
immunity in all cases where retaining it might impede the course of justice and
where it can be waived without prejudicing the achievement of the purpose for
which it was accorded.
§ 2. The competent authorities for the purposes
of § 1 shall be:
- The Member States, in respect of their
- The Administrative Committee, in respect of the
- The Director General, in respect of other staff
members and of experts upon whose services the Organisation may call.
§ 1. Nothing in this Protocol shall call into question the
right of each Member State to take every necessary precaution in the interests
of its public security.
§ 2. The Organisation shall cooperate at all
times with the competent authorities of the Member States in order to facilitate
the proper administration of justice, to ensure the observance of the laws and
regulations of the Member States concerned and to prevent any abuse arising out
of the privileges and immunities provided for in this Protocol.
No Member State shall be obliged to accord the privileges and immunities
referred to in this Protocol under
- Article 3, excluding item (d)
- Article 4, excluding items (a), (b) and (d)
- Article 5, excluding
items (a) and (b)
to its own nationals or to persons who are permanent
residents of that State.
The Organisation may conclude with
one or more Member States complementary agreements to give effect to the
provisions of this Protocol as regards such Member State or Member States, and
other agreements to ensure the efficient functioning of the Organisation.
to the Convention concerning
International Carriage by Rail
(COTIF) of 9 May 1980
CONCERNING THE CONTRACT FOR INTERNATIONAL CARRIAGE
PASSENGERS AND LUGGAGE BY RAIL (CIV)
TITLE I. GENERAL PROVISIONS
§ 1. Subject to the exceptions provided for in
Articles 2, 3 and 33, the Uniform Rules shall apply to any carriage of
passengers and luggage under international transport documents made out for a
journey over the territories of at least two States and exclusively over lines
or services included in the list provided for in Articles 3 and 10 of the
The Uniform Rules shall also apply, as far as the liability
of the railway in case of death of, or personal injury to, passengers is
concerned, to persons accompanying consignments effected in accordance with the
Uniform Rules concerning the Contract for the International Carriage of Goods by
§ 2. The international tariffs shall determine the places
between which international transport documents shall be issued.
In the Uniform Rules, the term "station" covers; railway stations, ports used by
shipping services and all other establishments of transport undertakings, open
to the public for the execution of the contract of carriage.
Exceptions from scope
§ 1. Carriage between stations of departure and
destination situated in the territory of the same State, performed over the
territory of another State only in transit, shall not be subject to the Uniform
(a) If the lines or services over which the transit occurs are
exclusively operated by a railway of the State of departure; or
the States or railways concerned have agreed not to regard such carriage as
§ 2. Carriage between stations in two adjacent States
and carriage between stations in two States involving transit through the
territory of a third State shall, in cases where the lines or services over
which the carriage is performed are exclusively operated by a railway of one of
those three States and where there is nothing to the contrary in the laws and
regulations of any of the said States, be governed by the internal traffic
regulations applicable to that railway.
concerning liability in case of death of,
or personal injury to,
§ 1. Each State may, at the time when it signs the Convention
or deposits its instrument of ratification, acceptance, approval or accession
reserve the right not to apply to passengers involved in accidents occurring in
its territory the whole of the provisions concerning the liability of the
railway in case of death of or personal injury to passengers, when such
passengers are nationals of or have their usual place of residence in that
§ 2. Each State which has made the reservation mentioned above
may withdraw it at any time by informing the Depositary Government. Withdrawal
of the reservation shall take effect one month after the date on which the Swiss
Government notifies Member States of it.
§ 1. The railway shall be bound to undertake the carriage of any
passengers and luggage subject to the terms of the Uniform Rules, provided
(a) The passenger complies with the Uniform Rules, the
supplementary provisions and the international tariffs;
(b) Carriage can
be undertaken by the normal staff and transport resources which suffice to meet
usual traffic requirements;
(c) Carriage is not prevented by
circumstances which the railway cannot avoid and which it is not in a position
§ 2. When the competent authority decides that a service
shall be discontinued or suspended totally or partially, such measures shall,
without delay, be brought to the notice of the public and of the railways; the
latter shall inform the railways of the other States of the measures with a view
to their publication.
§ 3. Any contravention of this Article by the
railway may constitute a cause of action for compensation for the loss or damage
Tariffs. Private agreements
§ 1. The
international tariffs shall contain all the special conditions applicable to
carriage, in particular the information necessary for calculating fares and
other charges and, where necessary, the conditions for conversion of
The conditions of international tariffs may not derogate
from the Uniform Rules unless the latter expressly so provide.
§ 2. The
international tariffs shall be applied to all users on the same conditions.
§ 3. Railways may enter into private agreements for reduced fares or
charges or other concessions, provided that comparable conditions are afforded
to passengers in comparable circumstances.
Reductions in fares or
charges or other concessions may be granted for the purpose of the railway or
public services, or for charitable, educational or instructional purposes.
Publication of the measures taken under the first and second subparagraphs
shall not be compulsory.
§ 4. The publication of international tariffs
shall be compulsory only in those States whose railways are parties to such
tariffs as railways of departure or destination. The tariffs and amendments
thereto shall come into force on the date specified when they are published.
Increases in fares or charges, and any other measures that have the effect of
making the conditions of carriage prescribed in such tariffs more rigorous,
shall come into force six days after their publication at the earliest.
Modifications to the fares and other charges provided for in the international
tariffs made in order to take account of fluctuations in rates of exchange, as
well as corrections of obvious errors, shall come into force on the day after
§ 5. At every station which is open for
international traffic, the passenger should be able to acquaint himself with the
international tariffs or with extracts therefrom showing the prices for
international tickets on sale at that station and the corresponding registered
Unit of account. Rate of exchange or of
of foreign currency
§ 1. The unit of account referred
to in the Uniform Rules shall be the Special Drawing Right as defined by the
International Monetary Fund.
The value in Special Drawing Right of the
national currency of a State which is a member of the International Monetary
Fund shall be calculated in accordance with the method of valuation applied by
the International Monetary Fund for its own operations and transactions.
§ 2. The value in Special Drawing Right of the national currency of a State
which is not a member of the International Monetary Fund shall be calculated by
the method determined by that State.
The calculation must express in the
national currency a real value approximating as closely as possible to that
which would result from the application of § 1.
§ 3. In the case of a
State which is not a member of the International Monetary Fund and whose
legislation does not permit the application of § 1 or § 2 above, the unit of
account referred to in the Uniform Rules shall be deemed to be equal to three
The gold franc is defined as 10/31 of a gramme of gold of
millesimal fineness 900.
The conversion of the gold franc must express
in the national currency a real value approximating as closely as possible to
that which would result from the application of § 1.
§ 4. Within three
months after the entry into force of the Convention and each time that a change
occurs in their method of calculation or in the value of their national currency
in relation to the unit of account. States shall notify the Central Office of
their method of calculation in accordance with § 2, or of the results of the
conversion in accordance with § 3.
The Central Office shall notify the
States of this information.
§ 5. The railway shall publish the rates at
(a) It converts sums expressed in foreign currencies but payable
in domestic currency (rates of conversion);
(b) It accepts payment in
foreign currencies (rates of acceptance).
§ 1. Two or more States or two or more railways may make
supplementary provisions for the execution of the Uniform Rules. They may not
derogate from the Uniform Rules unless the latter expressly so provide.
§ 2. The supplementary provisions shall be put into force and published in the
manner required by the laws and regulations of each State. The Central Office
shall he notified of the supplementary provisions and of their coming into
§ 1. In the absence of provisions
in the Uniform Rules, supplementary provisions or international tariffs,
national law shall apply.
§ 2. "National law" means the law of the
State in which the person entitled asserts his rights, including the rules
relating to conflict of laws.
§ 3. For the application of provisions
relating to the liability of the railway in case of death of or persona] injury
to, passengers, national law shall be the law of the State on whose territory
the accident to the passenger happened, including the rules relating to conflict
TITLE II. THE CONTRACT OF CARRIAGE
Timetables and use of trains
§ 1. The
railways shall bring the train timetables to the notice of the public in an
§ 2. The timetables or the tariffs shall indicate
restrictions on the use of certain trains or of certain classes of carriage.
Refusal to carry. Acceptance subject to conditions
The following persons shall not be permitted to travel or may he required to
discontinue their journey:
(a) Persons in an intoxicated condition or
whose behaviour is improper or who infringe the provisions in force in
individual States; such persons shall not be entitled to a refund of their fares
or of any registered luggage charges they may have paid;
(b) Persons who
because of sickness or other cause appear likely to inconvenience other
passengers, unless a whole compartment has been reserved for them or can he put
at their disposal on payment therefor. However, persons who fall ill during a
journey must be carried at least as far as the nearest station where they can be
given the necessary attention; their fares shall be refunded in accordance with
Article 25, subject to deduction of the amounts due for the distance travelled;
where appropriate, the same shall apply to registered luggage charges.
§ 2. The carriage of persons suffering from infectious or contagious diseases
shall be subject to international conventions and regulations or, failing that,
to the laws and regulations of each State.
1. Tickets issued for international carriage shall bear the initials CIV. As a
transitional measure the mark... shall he permitted.
§ 2. The
international tariffs or agreements between railways shall determine the form
and content of tickets and the language and characters in which they are to be
printed and made out.
§ 3. Save where the international tariffs
otherwise provide, tickets must indicate:
(a) The stations of departure
(b) The route; if a choice of routes or modes of
transport is permitted, that facility shall be stated;
(c) The category
of train and class of carriage;
(d) The fare;
(e) The first day
(f) The period of validity.
§ 4. Covers containing
sectional coupons issued under an international tariff shall be deemed to be a
single ticket for the purposes of the Uniform Rules.
§ 5. Save where
the international tariffs otherwise provide, tickets shall be transferable if
they are not made out in the passenger"s name and if the journey has not
§ 6. The passenger must ensure, on receipt of the ticket, that
it has been made out in accordance with his instructions.
§ 7. The
period of validity of tickets and breaks of journey shall be governed by the
Right to be carried. Passengers
without valid tickets
§ 1. The passenger shall, from the start of his
journey, be in possession of a valid ticket; he shall retain it throughout the
journey and, if required, produce it to railway staff responsible for inspecting
tickets and give it up at the end of the journey. The international tariffs may
make provision for exceptions.
§ 2. Tickets which have been altered
without authority are invalid and shall be withdrawn by the railway staff
responsible for inspecting tickets.
§ 3. A passenger who cannot produce
a valid ticket shall pay, in addition to the fare, a surcharge calculated
according to the provisions of the railway requiring such payment.
A passenger who refuses to pay the fare or the surcharge upon demand may be
required to discontinue his journey. Such a passenger shall not be entitled to
collect his registered luggage at any station other than the destination
Reduced fares for children
§ 1. Children
under five years of age for whom separate seats are not claimed shall be carried
free without a ticket.
§ 2. Children of five or more years of age but
under ten years of age, and children under five for whom separate seats are
claimed, shall be carried at reduced fares. These shall not exceed one-halt of
the fare charged for adults, save for supplements charged for the use of certain
trains or certain carriages, without prejudice to the rounding-up of amounts in
accordance with the provisions applied by the railway issuing the ticket.
This reduction need not he made in the case of tickets issued at a rate below
that of the normal single fare.
§ 3. However, the international tariffs
may provide for different age limits from those laid down in §§ 1 and 2
provided that such age limits are not less than four years of age in respect of
free travel under § 1, nor less than ten years of age in respect of reduced
fares under § 2.
Occupation of seats
§ 1. The
occupation, allocation and reservation of seats in trains shall be governed by
the provisions applied by the railway.
§ 2. In accordance with the
conditions laid down by the international tariffs, the passenger may occupy a
seat of a higher class or travel on a train of a higher fare category than shown
on the ticket, or may alter his route.
Taking of hand
luggage and animals into carriages
§ 1. The passenger may take with him
into carriages, without extra charge, articles which can be handled easily (hand
Each passenger is entitled only to the space above and below
his seat for his hand luggage, or another corresponding space where the
carriages are of a special type, in particular, those containing a luggage
§ 2. The following shall not be taken into carriages:
Substances and articles which are not acceptable for carriage as luggage under
Article 18 (e), save where supplementary provisions or the tariffs otherwise
(b) Articles likely to annoy or inconvenience passengers or
(c) Articles which it is forbidden by the requirements of
Customs or of other administrative authorities to take into carriages;
(d) Live animals, save where the supplementary provisions or the tariffs
§ 3. The international tariffs may prescribe the
conditions under which articles taken into carriages contrary to §§ 1 and 2
(b) shall nevertheless be carried as hand luggage or as registered luggage.
§ 4. The railway shall have the right to satisfy itself, in the presence
of the passenger, with the nature of any articles taken into carriages, when
there is good reason to suspect a contravention of § 2 (a), (b) or (d). If it
is not possible to identify the passenger who has taken with him the articles to
be examined, the railway shall carry out the examination in the presence of two
witnesses not connected with the railway.
§ 5. The passenger shall
himself be responsible for the care of any articles and animals which he takes
with him into the carriage, save when he cannot exercise such care because he is
in a carriage of a special type referred to in § 1.
§ 6. The passenger
shall be liable for all loss or damage caused by articles or animals which he
has taken with him into the carriage unless he can prove that the loss or damage
was caused by the fault of the railway or of a third party, or by circumstances
which he could not avoid and the consequences of which he was unable to
This provision shall not affect any liability which may be
incurred by the railway pursuant to Article 26.
connections. Cancellation o