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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That certificate shall indicate, according to the circumstances, that:. In the case of the insolvency of any one of the railways, the unpaid share due from it shall be apportioned among all the other railways cimm have taken part in the carriage, in proportion to the kilometric distances contained in the tariffs.
Member States – Intergovernmental Organisation for International Carriage by Rail (OTIF)
If the agreement to refer to arbitration provides for a sole arbitrator, he shall be selected by mutual agreement between the parties. Languages and formats available. Help Print this page. 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 coti particular to consider whether the lines or services of that undertaking should remain on the list.
These areas of cooperation are of practical importance for OJSC Russian Railways in connection with the active integration into the international transport market and the development of a number of international projects.
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. The railway shall be liable for loss or damage resulting from the total or partial loss of, or damage to, registered luggage between the time of acceptance for carriage and the time of delivery as well as from delay in delivery. When the stamp has been affixed or the accounting machine entry has been made, the consignment note shall be evidence of the making and content of the contract.
Such periods shall not in any case exceed those which would result from the application of the following ccotif.
Intergovernmental Organisation for International Carriage by Rail
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. If the consignor, by an entry in the consignment note, has undertaken to pay charges including Customs duty, the railway cotiif have the choice of completing Customs formalities either in transit or at the destination station.
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 cotfi or duties, appropriate measures shall, whenever possible, be taken by the Member States to grant exemption from such taxes and duties cmi to reimburse the amount thereof.
If he considers it appropriate, he may undertake an examination and detailed audit of any accounting record relating either to financial transactions or to supplies and equipment. 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. Orders must not in any case have the effect of splitting the consignment. This provision shall apply neither to judgements which are provisionally enforceable, nor to awards of damages in addition to costs against a plaintiff who fails in his action.
Key terms used in the act RID: Save fault on its part, the railway may recover the carriage charges applicable to the route followed and shall be allowed the transit periods applicable to such route.
Intergovernmental Organisation for International Carriage by Rail – Wikipedia
July Learn how and when to remove this template message. Acceptance is established by the application to the consignment note and, where appropriate, to each additional sheet, of the stamp of the forwarding station, or accounting machine entry, showing the date of acceptance. Carriage charges, whether or not calculated separately for different sections of the route, and supplementary charges shall be calculated in accordance with the tariffs which are legally in force and duly published in each State and which are applicable at the time when the contract of carriage is made.
If he fails to attend or cannot be found, the verification shall be carried out in the presence of two witnesses not connected with the railway. The provisions in force at the forwarding station shall determine the meanings of the terms “wagon load” and “less than wagon load” for the whole of the route.
If the consignor, on being notified of a circumstance preventing carriage, fails to give within a reasonable time instructions which can be executed, the railway shall take action in accordance with the provisions relating to circumstances preventing delivery, in force at the place where the goods have been held up.
The consignor may stipulate in the consignment note the route to be followed, indicating it by reference to frontier points or frontier stations and where appropriate, to transit stations between railways. If the consignor has coitf packed or sheeted the goods in accordance with those requirements the railway shall be entitled to do so; the resulting cost shall be charged against the goods.
In all cases not provided for by this Article, and in the absence of agreements between railways, the provisions in force in the State of departure shall apply. Acceptance of the consignment note obliges the consignee to pay to the railway the amounts chargeable to him. The reason for and the duration of such extensions shall be entered in the consignment note.
The railway shall be liable for the loss or damage resulting from the death of, personal injuries to, or any other bodily or mental harm cm, a passenger, caused by an accident cotjf out of the operation of the railway and happening while the passenger is in, entering or alighting from railway vehicles.
The period of validity of tickets and breaks of journey shall be governed by the international tariffs. 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.
Should the person entitled not accept the findings in the report, he may request that the condition and mass of the registered luggage and the cause and amount of the loss or damage be ascertained by an expert appointed either by the parties or by a court.
The railway may not refuse to execute orders given under Articles 30 or 31 or delay doing so save where:. 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.
The Protocol shall be subject to ratification, acceptance or approval; instruments of ratification, acceptance or approval shall be deposited as soon as possible with xim depositary Government. The Director General and the Deputy Director General shall be appointed for a period of five years, renewable. 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.
Subject to the foregoing provisions, the suspension and interruption of icm of limitation shall be governed by national law. However, services on sea routes and inland waterways shall count only in respect of one-half of the length of their routes; cotuf the case of other lines or services operated under special conditions, the contribution may be reduced by up to one-half by agreement cogif the Government concerned and the Central Office, subject to the approval of the Cptif Committee.
The provisions of the Uniform Rules shall not prevail over those provisions which certain States are obliged to adopt, in traffic among themselves, in pursuance of certain Treaties such as the Treaties relating to the European Coal and Steel Community and the European Economic Community. The expenditure of the Organisation shall be financed by the Member States in proportion to the length of the lines listed.