CIV (rail travel)
The Convention concerning International Carriage by Rail, short COTIF (original French Convention relative aux transports internationaux ferroviaires, english Convention Concerning International Carriage by Rail ), concerns cross -border movements of goods and persons. Current version is the 1999 Convention by the Protocol of Vilnius.
Two of seven appendices of COTIF (Annexes A and B ) regulate the civil contractual relationship between the customers of the railway transport on the one hand and the carriers of the other. With regard to the liability of the trains involved in the regulations are mandatory; However, the carrier can extend their liability.
The COTIF regime applies - with restrictions - throughout Europe and neighboring Asian- African Mediterranean to the Middle East, currently (July 2012) for 47 countries. The EU has joined the COTIF with effect from 1 July 2011.
This Agreement is drawn up in German, English and French, in case of doubt, the French version shall prevail, see Article 45 COTIF.
- 3.1 Europe 3.1.1 EU
- 3.1.2 Germany
- 3.1.3 Austria
- 3.1.4 Switzerland
History
1893 joined the first International Convention on the railway freight traffic ( IÜG, later called CIM, 1 Berne Convention ) entered into force, which had a first European central office with the Office central des chemins de fer transports internationaux par à Berne ( OCTI ).
This new agreement (COTIF 1980), the Intergovernmental Organisation for International Carriage by Rail ( OTIF, L' Organisation pour les transports internationaux intergovernmental ferroviaires ) was founded. The organization was launched to unify the regulations for the international transport of goods by rail and simplify it by and speed. OTIF also publishes the "Journal of International Carriage by Rail ".
The main areas of activity are the OTIF: the international rail transport law (passenger and freight); the transport of dangerous goods; Contracts for the use of vehicles; the contract for the use of railway infrastructure; the validation of technical standards and the adoption of uniform technical prescriptions for railway material; the removal of barriers at the border crossing in international rail traffic; participation in the preparation of other international conventions concerning rail transport.
The Convention COTIF was signed in Bern on 9 May 1980 and entered into force on 1 May 1985. ( 2 Berne Convention).
With the Vilnius Protocol of 1999, the 1999 Convention entered into force on 1 July 2006.
Scope
People - CIV ( Appendix A)
Execution and completion of the contract of carriage as well as the liability of carriers in international rail passenger transport are governed by the Uniform Rules concerning the Contract for International Carriage of persons ( CIV). ( Règles uniform concernant le contrat de transport international des voyageurs ferroviaires ).
The amendment to the 1999 Convention and the previously existing obligation to carry was abandoned stretch on international railway ( lines ).
It is also not that the international tariffs determine the connections are issued for international tickets. If carrier work together as successive carriers, they conclude agreements on the pricing and allocation of the transport price among themselves.
In the appendix CIV are also mandatory liability rules ( strict liability; minimum amounts of liability, liability caps partly by resorting to the approach in addition to withdrawing state law ) met in injury or death of passengers, or for damage or loss of the accompanying baggage and for delay.
The CIV ( with the exception of a few articles ) form the Annex I to Regulation (EC ) No 1371/ 2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of passengers in railway traffic ( passenger rights regulation).
Goods - CIM (Appendix B)
Execution and completion of the contract of carriage as well as the liability of carriers in international rail freight transport are laws concerning the Contract for the International Carriage of goods ( Règles uniform concernant le contrat de transport international ferroviaires of marchandises ) governed by the Uniform.
These determine the contents of the consignment note.
Also trains can run the CIM regime.
In the appendix CIM also mandatory liability rules ( strict liability, or partially liable for presumed fault, liability caps ) are for damage or loss of the goods transported, as well as delays hit.
Dangerous - RID ( Appendix C 1999)
The Règlement concernant le transport international ferroviaire de marchandises Dangereuses (RID, Appendix C) regulates the transportation of hazardous German scheme for Regulations concerning the International Carriage of Dangerous Goods. The current revision applies from 1 January 2013.
The RID itself consists only of a few articles, but above all, the comprehensive technical system of meaning. The regulations correspond in substance largely to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). The Annex to the RID is also the facility to EU Directive 96/49/EC (the Framework Directive on railway transport of dangerous goods ).
On the initiative of Germany and Switzerland, a tightening of the RID was decided, which entered into force in 2007. Existing vehicles to be retrofitted by 2015. Foreseen include shields on the front sides, reinforced tank floors and energy-absorbing buffer. The new measures are designed around three quarters of chlorine releases in accidents can be avoided.
To simplify the work and vote the COTIF has a RID Committee of Experts constituted as a body of COTIF (see Article 13 § 1 d of the 1999 Convention ). All Member States have the right to send representatives to meetings of the RID Committee of Experts, which take place once a year usually. The RID Committee is quorate when a third of the Member States are represented ( see Article 18 § 2 the 1999 Convention ). The RID Committee decides on proposals to amend the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID ) ( see Article 33 § 5 of the 1999 ). In agreement with the majority of Member States, the Secretariat of OTIF non-member countries and international organizations and associations that are responsible for transport matters that invite to the meetings ( see Article 16 § 5 of the 1999 ). The working languages are German, English and French.
Cars - CUV (Annex D 1999)
The Règles uniform concernant les contrats d'utilization de véhicules s trafic international ferroviaire (CUV ), German Uniform Rules concerning Contracts of Use of Vehicles in International Rail Traffic contain a dispositive rules of strict liability for damage to or loss of vehicles used as means of transport (and not as a rolling Good transported ) are.
The scheme does not distinguish between private car, railway-owned or other cars.
Railway infrastructure - CUI (Annex E 1999 )
The Règles uniform concernant le contrat d'utilization de l' infrastructure de trafic international ferroviaire (CUI ) (Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic ) include provisions of the civil contract for dealing with " railway tracks and fixed equipment in so far as they are necessary for the movement of railway vehicles and for road safety. "
Technical standards and regulations - APTU (Annex F 1999)
The Règles uniform concernant la validation de normes techniques et l' adoption de prescriptions techniques uniform applicables au matériel ferroviaire destiné à être en utilisé trafic international ( APTU), (German Uniform Rules concerning the Validation of Technical Standards and the Adoption of Uniform Technical Prescriptions for railway material intended for use in international traffic ) determine the procedures, technical standards and uniform technical prescriptions for railway material are explained and accepted as binding by the.
Technical Approval - ATMF ( Appendix G 1999)
The Règles uniform concernant l' admission technique de matériel ferroviaire utilisé en trafic international ( ATMF, Uniform Rules concerning the Technical Admission of Railway Material used in international traffic ) govern the technical admission of railway vehicles and other railway material.
Validity
Europe
Most countries in Europe (including the non-EU members) are members of OTIF.
EU
The EU Transport Council has agreed to the EU 's accession to the Intergovernmental Organisation for International Carriage by Rail ( OTIF) on 16 June 2011. Between OTIF and the EU was due to the 23 June 2011 a corresponding perpetual agreement, entered into force. While the EU can not become a member of the Management Committee of OTIF. She pays no (household ) contributions to the OTIF, however, the EU has the right to attend all meetings of the committees and OTIF. As far as the EU perceives this right, the EU Member States can no longer take it separately in its place; EU votes corresponds to the sum of the voting rights of its Member States.
Annexes E ( CUI ), F ( APTU) and G ( ATMF) to the 1999 Convention, however, contain provisions relating to items that are also governed by the law of the European Union; the contents is another is not resolved binding in its entirety to this day.
Germany
Germany has ratified the 1999 Convention. Its provisions shall be applied since 1 July 2006, in the Federal Republic of Germany, with the exception of Annexes F and G. A declaration under Article 42 COTIF concerning the non-application of Annex E has Germany been withdrawn.
Austria
Austria has also COTIF taken with July 1, 2006 1999. In addition to Article 42 COTIF (CUI, APTU, ATMF) it has (each application ) applied in particular reservations to Articles 2, § 1, CIV and Article 2, § 1, CUI. With the accession of the EU to COTIF Austria's declaration has become obsolete as regards the non -application of Appendices E, F and G.
Switzerland
In Switzerland COTIF 1999 is in full force.
Other countries
See current members list on the website of OTIF.