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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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 adjusting payment is made in a currency other than that in which the original charges were collected, the rate applicable shall be that for the day on which the adjusting payment is made.
In the case of the haulage of privately owned wagons, special provisions are laid down in the Regulations concerning the international haulage of private owners’ wagons clm rail RIPAnnex II to the Uniform Rules. A State which has denounced the Convention may become a Member State again by accession, provided that it has paid the sum due. The passenger shall be present at such examinations save where otherwise provided by the laws or regulations of each State.
An action for the clm of a sum paid under the contract of carriage may be brought against the railway which has collected that sum or against the railway on whose behalf it was collected.
The following cltif be acceptable for carriage subject to conditions:. The railway shall, where necessary, certify on the ticket that the connection has been missed or the train cancelled, extend the validity of the ticket so far as may be necessary and make it available by the new route, for a higher class or for a train ccim a higher fare category.
The consignor may stipulate in the consignment note which tariffs are to be applied. The consignor shall be liable for all the consequences of the absence of packing or defective condition of packing and shall in particular make good any loss or damage suffered by the railway from this cause.
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.
Member States may exempt the transport of dangerous goods conducted by means of transport equipment belonging to the armed forces from the scope of this Directive. The provisions laying cotof load limits shall be published in the same manner cotfi tariffs. Security for costs shall not be required in proceedings founded on the provisions of the Convention. Such transport will therefore be carried out under the best possible safety conditions.
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 to, a passenger, caused by an accident arising out of the operation of the railway cmi happening while the passenger is in, entering or alighting from railway vehicles.
Ascertainment of partial loss of, damage to, registered luggage. The railway shall also be liable for the loss or damage resulting from the total or partial loss of, or damage to, any articles which the passenger, victim of such an accident, had on him or with him as hand luggage, including any animals. In addition, the report may mention transactions which have been posted in the course of an earlier financial year and about which new information has been obtained or transactions which are due to be carried out in the course of a later financial year and about which it seems desirable to inform the Administrative Committee in advance.
In the absence of any particulars in the consignment note, the burden of proof of such absence of packing or defective condition of the packing shall rest upon the railway.
EUR-Lex Access to European Union law
If there are no international tariffs, or if they do not contain any fim on the subject, the provisions in force at the forwarding station shall apply throughout the whole of the route. The railway may, however, delegate that duty to an agent. The supplementary provisions or the international tariffs in force between the railways participating in the carriage may provide for the acceptance of orders other than those listed above.
The railway shall certify receipt of the goods and the date of acceptance for carriage by affixing the date stamp to or making the accounting machine entry on the duplicate of the consignment note before returning the duplicate to the consignor. The consignment note shall not be replaced by other documents or supplemented by documents other than those prescribed or allowed by the Uniform Rules, the supplementary provisions or the tariffs.
Dec 26, Serbia and Russian Railways to expand cooperation. 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 cltif equipment.
EU case law Case law Digital reports Directory of case law. In case 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.
If, within a reasonable period allotted ciim him, the person entitled does not submit to the railway the supporting documents required for the amount of the claim to be finally settled, no interest shall accrue between the expiry of the period laid down and the actual submission of such documents. 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 ciim measures.
Memberships & Affiliations
A passenger who refuses to pay the fare or the surcharge upon demand may be required to discontinue his journey. The ci must comply with the requirements of Customs or other administrative authorities, both concerning his own person and any animals he takes with him and concerning the examination of his octif luggage and registered luggage.
After that date, the amounts due shall bear interest at the rate of five per cent per annum.
A detailed account of charges drawn up from the particulars in the charges note shall be delivered to the consignor in return for the receipt. Don’t have an account? Such agreements and tariff clauses must be published and notified to the Central Office which will bring them to the notice of the States.
The consignor may make the goods subject to a cash on delivery payment not exceeding their value at the time of acceptance at the forwarding station. Other internal carriage performed under the responsibility of the railway, complementary to carriage by rail, shall be treated as carriage performed over a line, within the meaning of the preceding sub-paragraph.
The method of compensation, by mass or by item of luggage, shall be determined by the international tariffs. The following shall not be accepted for carriage as registered luggage:. 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.
OTIF prepares the review of COTIF
Except in the case of any fault by the railway, the transit period shall be extended by the duration of the period necessitated by:. The new Member State shall comply with the provisions of Article cm without delay. Views Read Edit View history. Member States retain the right to lay down safety requirements for national or international transport, in so far as this Directive does not cover that area. Any order given in a form other than that laid down shall be null and void.