Implementation of the COTIF and European law that has an impact . COTIF UR CIM, Appendix B to. COTIF. General Terms and. The Intergovernmental Organisation for International Carriage by Rail is an intergovernmental COTIF was modified by a Protocol that was signed in Vilnius on 3 June These systems of law have been in existence for decades and are known as the CIV (for passengers) and CIM (for freight/goods) Uniform Rules. Webmaster: Baruno Wironugroho.
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In transit, the formalities required by Customs or other administrative authorities shall be completed by the railway. Proposals and decisions shall be reproduced in full. Such actions may be brought against the railway of destination even if it has not received the registered luggage.
The amounts of the cash on delivery payment and of disbursements shall be entered in figures on the consignment note. It also aims to create a single market in the transport of dangerous goods by rail. They may not derogate from the Uniform Rules unless the latter expressly so provide. The consignor, by so indicating in the consignment note, or the consignee by giving orders as provided for in Article 31, may ask:.
Where the Auditor has carried out a summary audit or has been unable to obtain adequate supporting documents, he shall mention the fact in his certificate and his report, specifying the reasons for his observations as well as the consequences which result therefrom for the financial position and the posted financial transactions.
If the railway considers that such instructions cannot be executed, it shall ask for fresh instructions. Rolling stock belonging to a railway, as well as all transport equipment belonging to that railway, such as containers, loading tackle and sheets cotkf not be seized on any territory other than that of the Member State having jurisdiction over the owner railway, except under a judgement given by the judicial authority of that State.
You do not currently have access to this article. When the tariffs provide that luggage may be accepted for carriage without production of a ticket, the provisions of the Uniform Rules determining the rights and obligations of xotif passenger in respect of his registered luggage shall apply by analogy to the consignor of registered luggage.
The charges which the consignor has not undertaken to pay shall be deemed to be payable by the consignee.
Convention Concerning International Carriage By Rail (COTIF)
This provision shall not affect any liability which may be incurred by the railway pursuant to Article The railway shall, where it is at fault, be liable for any consequences arising from the loss, non-use or misuse of the documents referred to in the consignment note and accompanying it or deposited with the railway; nevertheless any compensation shall not exceed that payable in the event of loss of the goods. In the case of tickets the time allowed shall run from the day after the expiry of the period of validity and in the case of luggage registration vouchers from the date of issue.
Moreover the packing shall comply with the provisions in force at the forwarding station. 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.
The Organisation shall co-operate 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.
If the consignment does not correspond with the particulars in the consignment note or if the provisions relating to the carriage of goods accepted subject to conditions have not been compiled with, the costs of the verification shall be charged against the goods, unless paid at the time.
The consignor may stipulate in the consignment note which tariffs are to be applied.
There shall be a quorum in the General Assembly when a majority of the Member States are represented there. 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.
This document is an excerpt from the Cptif website.
Intergovernmental Organisation for International Carriage by Rail – Wikipedia
The following shall not be accepted for carriage as registered luggage:. The period of limitation for other actions arising from the contract of carriage shall be one year. If there are no international tariffs, or if they do not contain any provisions on the subject, the provisions in force at the forwarding station shall apply throughout the whole cotid the route.
The period of validity of tickets and breaks of journey shall be governed by the international tariffs. When the transit period ends after the time at which the destination station closes, the period shall be extended until two hours after the time at which the station next opens.
EUR-Lex Access to European Union law
The competent authorities shall waive dim immunity in all cases where retaining it might impede the course of justice and where it can ccim waived without prejudicing the achievement of the purpose for which it was accorded.
Subject to the foregoing provisions, the suspension and interruption of periods of fotif shall be governed by national law. When partial loss of, or damage to, registered luggage is discovered or presumed by the railway or alleged by the person entitled, the railway must without delay, and if possible in the presence of the person entitled, draw up a report stating, according to the nature of the loss or damage, the condition of the registered luggage, ci, mass and, as far as possible, the extent of the loss or damage, its cause and the time of its occurrence.
The carriage of persons suffering from infectious or contagious diseases shall be subject to international conventions and regulations octif, failing that, to the laws and regulations of each State. The Auditor shall not be competent to reject such and such a heading of the accounts, but he shall immediately draw to the attention of the Director General any transaction of which the regularity or appropriateness appears to him to be questionable, so that the latter may take the requisite measures.
Persons who may bring an action against the railway. The consignor shall indicate in the consignment note the number and description of the seals affixed to the wagons by him. Orders must not in cik case have the effect of splitting the consignment.
June Learn how and when to remove this template message. However, persons who fall ill during a journey must be carried at least as far as the nearest station where they can be cum 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.
Each Member State may nominate to the panel of arbitrators two of its nationals who are specialists in international transport law.
Under the same conditions, independent experts may be invited to meetings of the Committee of Experts. Sign In Forgot password? From that time onwards, the railway shall comply with the orders and instructions of the consignee.
When the Protocol has been ratified, accepted or approved by more thantwo-thirds of the Member States, the decisions shall come into force on the expiry of a period of time determined by the General Assembly.
The railway may not refuse to execute orders given under Articles 30 or 31 or delay doing so save where:. Any State which wishes to denounce the Convention shall inform the Depositary Government. It shall be suspended on Saturdays when the provisions in force in any State provide for the suspension of domestic railway transit periods on those days.
At the forwarding station, as well as at the junctions where the registered luggage must be transferred, the forwarding shall take place by the first appropriate train providing a regular service for registered luggage. Nevertheless Article 15 shall apply to the payment of costs arising cik the reloading of goods in the event of defective loading.
In cotkf of damage to registered luggage, the railway must pay compensation equivalent to the loss in value of the registered luggage, to the exclusion of all other damages. Article 57 shall apply where compensation is paid for delay in delivery. Disputes between Member States arising from the interpretation or application of the Convention, as well coti 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 other provisions relating to liability in respect of registered luggage shall apply to the carriage of motor vehicles.
Railways may enter into cotit agreements for reduced charges or other concessions, provided that comparable conditions are granted to users in comparable circumstances.