<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>
CONVENTION
CONCERNING INTERNATIONAL CARRIAGE BY RAIL (COTIF)
(Berne, 9.V.1980)
The Contracting Parties,
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 Passengers, <4>
--------------------------------
<1> Translation supplied by the Government of Switzerland.
<2> United Nations, Treaty Series, vol. 1101, p. 164.
<3> Ibid., p. 340.
<4> Ibid., p. 82.
Convinced of the value of an international organisation,
Recognising the need to adapt the provisions of transport law to economic and technical requirements,
Have agreed as follows:
Title I. GENERAL PROVISIONS
Article 1
Intergovernmental Organisation
§ 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 legal proceedings.
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 Headquarters Agreement.
§ 3. The working languages of the Organisation shall be French and German.
Article 2
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 waterways.
Article 3
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 derogations.
§ 4. The CIV and CIM Uniform Rules, including their Annexes, shall form an integral part of the Convention.
Article 4
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 FUNCTIONING
Article 5
Organs
The functioning of the Organisation shall be ensured by the following organs:
- General Assembly;
- Administrative Committee;
- Revision Committee;
- Committee of Experts for the Carriage of Dangerous Goods;
- Central Office for International Carriage by Rail (OCTI).
Article 6
General Assembly
§ 1. The General Assembly shall be composed of representatives of the Member States.
§ 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.
§ 7. 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.
Article 7
Administrative Committee
§ 1. The Administrative Committee shall be composed of representatives of eleven Member States.
The Swiss 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.
If a 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 Committee shall:
(a) Establish its rules of procedure;
(b) 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 Central Office;
(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;
(i) Approve the annual budget of the Organisation, the annual report and the annual accounts;
(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 be reconstituted.
§ 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 Member States.
Article 8
Committees
§ 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 Member States.
The Director General of the Central Office or his representative shall attend the meetings in an advisory capacity.
§ 2. 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 vote.
A proposal shall be adopted if the number of votes in favour is:
(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 votes against.
§ 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.
§ 8. 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 full.
§ 9. The minutes shall summarise the proceedings. Proposals and decisions shall be reproduced in full. With regard to decisions, the French text shall prevail.
Copies of the minutes shall be distributed to Member States.
§ 10. The Committees may appoint working groups to deal with specific questions.
§ 11. The Committees may establish their own rules of procedure.
Article 9
Central Office
§ 1. The Central Office for International Carriage by Rail shall provide the Secretariat of the Organisation.
§ 2. The Central Office shall, in particular,
(a) 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 various organs;
(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 bulletin;
(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;
(k) Manage the financial affairs of the Organisation within the limits of the approved budget;
(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 the Convention;
(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;
(n) Collaborate in the settlement of disputes by arbitration in accordance with Title III;
(o) Facilitate, as between transport undertakings, financial relations arising from international traffic and the recovery of outstanding debts.
§ 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.
Article 10
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 service.
§ 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.
Article 11
Finances
§ 1. 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 Office.
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.
On 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 thereof.
§ 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 opened.
§ 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
Article 12
Competence
§ 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 procedure.
§ 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.
Article 13
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 arbitrators;
(c) The place where it is agreed that the Tribunal is to sit.
The agreement to refer to arbitration must be communicated to the Central Office which shall act as Registry.
Article 14
Arbitrators
§ 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.
The 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 panel.
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.
The intervention of a third party in the dispute shall not affect the composition of the Arbitration Tribunal.
Article 15
Procedure. Costs
§ 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;
(d) Save 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 Office.
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.
Article 16
Limitation. Enforcement
§ 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 ordinary courts.
§ 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.
Title IV. MISCELLANEOUS PROVISIONS
Article 17
Recovery of debts outstanding between
transport undertakings
§ 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 the case.
§ 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.
Article 18
Judgments. Attachment. Security for costs
§ 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 State.
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 State.
§ 4. Security for costs shall not be required in proceedings founded on the provisions of the Convention.
Title V. AMENDMENT OF THE CONVENTION
Article 19
Competence
§ 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.
§ 2. 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 61;
- 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.
Article 20
Decisions of the General Assembly
§ 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.
Such 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 Assembly.
Article 21
Decisions of the Committees
§ 1. Amendments decided upon by the Committees shall be notified to the Member States by the Central Office.
§ 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 notification.
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 PROVISIONS
Article 22
Signature, ratification, acceptance
and 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 CIV Conventions.
§ 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.
Article 23
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 Central Office.
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 without delay.
In the event of an objection, the Depositary Government shall submit the application for accession to the General Assembly for decision.
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 time.
Article 24
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.
Article 25
Denunciation of the Convention
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.
Article 26
Functions of the Depositary Government
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 Central Office:
(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.
Article 27
Reservations to the Convention
Reservations to the Convention may only be made if there is provision for them in the Convention.
Article 28
Texts of the Convention
The Convention shall be concluded and signed in the French language.
The 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.


PROTOCOL
ON THE PRIVILEGES AND IMMUNITIES OF THE
INTERGOVERNMENTAL ORGANISATION FOR INTERNATIONAL
CARRIAGE BY RAIL (OTIF)
Article 1
§ 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 transport;
(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 advance.
§ 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 services rendered.
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.
No exemption 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 Organisation.
§ 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.
§ 5. 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 Convention.
Article 2
§ 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.
Article 3
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 flagrante delicto;
(d) Inviolability for all their official papers and documents;
(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 mission.
Article 4
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 transport;
(b) Inviolability for all their official papers and documents;
(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 their assigns;
(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.
Article 5
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;
(c) The exchange control facilities necessary for the transfer of their remuneration;
(d) The same facilities, in respect of personal luggage, as are accorded to agents of foreign Governments on temporary official mission.
Article 6
§ 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 representatives,
- The Administrative Committee, in respect of the Director General,
- The Director General, in respect of other staff members and of experts upon whose services the Organisation may call.
Article 7
§ 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.
Article 8
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.
Article 9
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.


Appendix A
to the Convention concerning
International Carriage by Rail
(COTIF) of 9 May 1980
UNIFORM RULES
CONCERNING THE CONTRACT FOR INTERNATIONAL CARRIAGE
OF PASSENGERS AND LUGGAGE BY RAIL (CIV)
TITLE I. GENERAL PROVISIONS
Article 1
Scope
§ 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 Convention.
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 Rail (CIM).
§ 2. The international tariffs shall determine the places between which international transport documents shall be issued.
§ 3. 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.
Article 2
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 Rules:
(a) If the lines or services over which the transit occurs are exclusively operated by a railway of the State of departure; or
(b) If the States or railways concerned have agreed not to regard such carriage as international.
§ 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.
Article 3
Reservation concerning liability in case of death of,
or personal injury to, passengers
§ 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 State.
§ 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.
Article 4
Obligation to carry
§ 1. The railway shall be bound to undertake the carriage of any passengers and luggage subject to the terms of the Uniform Rules, provided that:
(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 to remedy.
§ 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 caused.
Article 5
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 currencies.
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 their publication.
§ 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 luggage charges.
Article 6
Unit of account. Rate of exchange or of acceptance
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 gold francs.
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 which:
(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).
Article 7
Supplementary provisions
§ 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 force.
Article 8
National law
§ 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 of laws.
TITLE II. THE CONTRACT OF CARRIAGE
Chapter I
CARRIAGE OF PASSENGERS
Article 9
Timetables and use of trains
§ 1. The railways shall bring the train timetables to the notice of the public in an appropriate manner.
§ 2. The timetables or the tariffs shall indicate restrictions on the use of certain trains or of certain classes of carriage.
Article 10
Refusal to carry. Acceptance subject to conditions
§ 1. 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.
Article 11
Tickets
§ 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 and destination;
(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 of validity;
(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 begun.
§ 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 international tariffs.
Article 12
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.
§ 4. 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 station.
Article 13
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.
Article 14
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.
Article 15
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 luggage).
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 area.
§ 2. The following shall not be taken into carriages:
(a) Substances and articles which are not acceptable for carriage as luggage under Article 18 (e), save where supplementary provisions or the tariffs otherwise provide;
(b) Articles likely to annoy or inconvenience passengers or cause damage;
(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 otherwise provide.
§ 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 prevent.
This provision shall not affect any liability which may be incurred by the railway pursuant to Article 26.
Article 16
Missed connections. Cancellation o

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