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. A /, 24 Aug , CIM list of railway lines (Article 24 § 2 of COTIF , published ), Circular A /, 03 Aug , CIM.
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The headquarters of the Organisation shall be at Berne. The General Assembly may decide to locate it at another place in one of the Member States. The Organisation shall have legal personality.
It shall in particular have the capacity to enter into contracts, to acquire and dispose of immovable and movable 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 on the Privileges and Immunities of the Organisation, annexed to the Convention.
Relations between the Organisation and the State in which it has its headquarters shall be regulated by a Headquarters Agreement. The working languages of the Organisation shall be English, French and German. The General Assembly may introduce other working languages.
The aim of the Organisation shall be to promote, improve and facilitate, in all respects, international traffic by rail, in particular by. The Member States undertake to concentrate their international cooperation in the railway field, in principle, within the framework of the Organisation, and this to the extent that there exists a coherence in the tasks which are attributed to it in accordance with Articles 2 and 4.
To attain this objective, the Member States will adopt all measures necessary and useful in order that the international multilateral conventions and agreements in force to which they are contracting parties should be adapted, to the extent that these conventions and agreements concern international cooperation in the railway field and attribute competences to other intergovernmental or non-governmental organisations which cut across the tasks attributed to the Organisation.
By a decision of the General Assembly, the Organisation shall be authorised to take on, within the framework of its aim as defined in Article 2, the attributions, resources and obligations which may be transferred to it by other intergovernmental organisations by virtue of agreements concluded with those organisations.
The Organisation may, by a decision of the General Assembly, transfer to other intergovernmental organisations attributions, resources and obligations, by virtue of agreements concluded with those organisations.
The Organisation may, with the approval of the Administrative Committee, take on administrative functions related to its aim and which are entrusted to it by a Member State. The expenses of the Organisation, arising out of these functions, shall be met by the Member State concerned.
The Member States agree to adopt all appropriate measures in order to facilitate and accelerate international rail traffic. To that end, each Member State undertakes, to the extent possible, to.
In order to facilitate and improve international rail traffic, the Member States agree to lend their support to attain the highest possible degree of uniformity in the regulations, standards, procedures and methods of organisation relating to railway vehicles, railway personnel, railway infrastructure and auxiliary services. The Member States agree to facilitate the conclusion of agreements between infrastructure managers intended to optimise international rail traffic.
When interpreting and applying the Convention, its character of international law and the necessity to promote uniformity shall be taken into account. In the absence of provisions in the Convention, national law shall apply. The value in Special Drawing Rights of the national currency of a Member State which is a member of the International Monetary Fund shall be calculated in accordance with the method applied by the International Monetary Fund for its own operations and transactions.
The value in Special Drawing Rights of the national currency of a Member State which is not a member of the International Monetary Fund shall be calculated by the method determined by that State. The latter shall inform the Member States of citif notifications.
An amount expressed in units of account shall be converted into the national currency of the State of the court or tribunal seized. The conversion shall be made in accordance with the value of the corresponding currency on the day of the judicial decision or on the day agreed between the parties. The supplementary provisions of States and their coming into force shall be notified to cotkf Secretary General.
He shall inform the Member States of these notifications. Judgments pronounced by the competent court or tribunal pursuant to the provisions of the Convention after trial or by default shall, when they have become enforceable under the law applied by that court or tribunal, become enforceable in each of the other Member States on completion of the formalities required in the State where enforcement is to votif place. The merits of the case shall not be subject to review. These provisions shall apply also to ccotif settlements.
Debts arising from a transport operation subject to the CIV Uniform Rules or the CIM 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 com by the judicial authority of the Member State which has jurisdiction over cotlf undertaking entitled to payment of the debt sought to be attached.
Debts arising from a contract subject to the CUV Uniform Rules or the CUI Uniform Rules 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 debts sought to be attached. Railway vehicles may only be seized on coif territory other than that of the Member State in which the keeper has its registered office, under a judgment given by the judicial authority of that State.
The functioning of the Organisation shall be ensured by the following organs:. The General Assembly may decide to establish temporarily other committees for specific tasks. The chairmanship of the General Assembly, the chairmanship of the Administrative Committee as well as the function of Secretary General must, in principle, be conferred on nationals of different Member States.
The General Assembly shall be composed of all Member States. A Member State may arrange to be represented by another Member State; however a State may not represent more than one other State. On the invitation of the Secretary General, issued with the agreement of a majority of the Member States. The Administrative Committee shall be composed of a third of the Member States. The members of the Committee and xim deputy member for each of them as well as the Member State which chairs the Committee shall be designated for three years.
The composition of the Committee shall be determined for each cotof, having regard in particular to an equitable geographical distribution.
A deputy member that becomes a member of the Committee in the course of a period must be designated as a member of the Committee for the period which follows. There shall be a quorum in the Administrative Committee cotit two-thirds of its members are represented there. However, a member may arrange to be represented by another member; no member may however represent more than one other member.
The Committee shall take its decisions by the majority of the members represented at the time of vote. Unless it decides otherwise, the Committee shall meet at the com of cofif Organisation.
Intergovernmental Organisation for International Carriage by Rail
The minutes of its meetings shall be sent to all Member States. The Committee may, within the limits of its own responsibilities, instruct the Chairman to carry out certain specific tasks. The Secretary General shall convene the Committees either on his own initiative or at the request of five Member States or of the Administrative Committee. The Secretary General shall send the draft agenda to the Member States at least two months before the opening of the meeting. A Member State may arrange to be represented by another Member State; no State may however represent more than two other States.
Each Member State represented shall have one vote. A proposal shall be adopted if the number of votes in favour is:. Member States which, however, are not members of the Committee vim.
The Committees shall elect for each meeting or for an agreed period a Chairman and one or several Deputy Chairmen. 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 working languages; proposals and decisions shall be translated in full. The minutes shall summarise the proceedings.
Proposals and decisions shall be reproduced in full. With regard to decisions, the French text shall prevail. The minutes shall be sent to all Member States. The Committees may appoint working groups to deal with specific ci. The Committees shall establish their rules of procedure.
The Cmi of Technical Experts may either validate technical standards or adopt uniform technical prescriptions or refuse to validate or adopt them; it may not under any circumstances modify them. The Secretary General shall assume the functions of Secretariat of the Organisation.
The Secretary General shall be elected by the General Assembly for a period of three years, renewable twice at most. The Secretary General may, on his own initiative, present proposals aiming to modify the Convention. The Organisation shall publish a bulletin which shall contain official communications as well as others necessary or useful with respect to the application of the Convention.
The communications for which the Secretary General is responsible under the Convention may, if necessary, be made in the form of a publication in the Bulletin. The maritime and inland waterway services referred to in Article 1 of the CIV Uniform Rules and of the CIM Uniform Rules, on which carriage is performed in addition to carriage by rail subject to a single contract of carriage, shall be included in two lists:.
The Secretary General shall notify all Member States of the inclusion or deletion of a line or a service. Such a service or line shall cotiv to be subject to the provisions of the Convention on the expiration of xim months running from the date of the notification of the deletion by the Secretary General, save in respect of carriage underway which must be finished.
Intergovernmental Organisation for International Carriage by Rail – Wikipedia
cimm The work programme, budget and accounts of the Organisation shall cover a period of two calendar coti. The Organisation shall publish a management report at least every two years. The total amount of expenditure of the Organisation shall be fixed, for each budgetary period, by the Cootif Committee on a proposal by the Secretary Cptif. However, maritime and inland waterway services shall count only in respect of one-half of the length of their routes.
Each Member State shall meet at least 0. The Administrative Committee shall determine the attributions of the Organisation concerning. The contributions of the Member States to the expenditure of the Organisation shall be due in the form of a treasury advance payable in two instalments at the latest by the 31 October of each of the two years covered by the budget.
The treasury advance shall be fixed on the ccotif of the definitive contributions for the two preceding years. When sending the management report and statement of accounts to the Member States, the Secretary General shall notify the definitive amount of the contribution for the two previous calendar years as well as the amount of the treasury advance in respect of the two calendar years to come. If, one year 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 cottif 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. Sums not recovered shall be made good out of the resources of the Organisation.
A Member State which has denounced the Convention may become a Member State again by accession, provided that it has paid the sums which cotfi owes. The Auditor shall audit the accounts of the Organisation, including all the trust funds and special accounts, as he considers necessary in order to ensure:.
Only the Auditor shall be competent to accept in whole or in part certificates and supporting documents furnished by the Secretary General. 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. The Auditor shall have unrestricted access, at any time, to all ledgers, accounts, accounting documents and other information which he considers needful.
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 Secretary General any transaction of which the regularity or appropriateness appears to him to be questionable, so that the latter may take the requisite measures.
The Auditor shall present and sign a certificate in respect of the financial statements with the following wording: My examination consisted of a general analysis of the accounting methods and the checking of the accounting records and other evidence which I judged necessary in the circumstances.
In his report on the financial transactions, the Auditor shall mention:. In addition, the report may mention transactions which have been posted in the course of an earlier budgetary period and about which new information has been obtained or transactions which are to be carried out in the course of a later financial period and about which it seems desirable to inform the Administrative Committee in advance.
The Auditor must on no account include criticisms in his report without first affording the Secretary General an opportunity of giving an explanation. The Auditor shall inform the Administrative Committee and the Secretary General of the findings of the audit. He may, in addition, submit any comments that he considers appropriate about the financial report of the Secretary General.