Convention on International Carriage by Rail

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The Convention on International Rail Traffic , or COTIF for short (original French Convention relative aux transports internationaux ferroviaires , English Convention concerning International Carriage by Rail ) is part of the legal provisions for international rail traffic and concerns the cross-border transport of goods and people. The current version is COTIF 1999 according to the Vilnius Protocol .

Two of the seven appendices of COTIF (appendices A and B) regulate the contractual relationship under civil law between the customers of rail transport on the one hand and the carriers on the other. With regard to the liability of the railways involved, the regulations are mandatory; however, the carriers can extend their liability.

The COTIF regime applies - with restrictions - across Europe and in the bordering Asian-African Mediterranean region to the Middle East , currently (July 2012) for 50 countries. The EU joined COTIF with effect from July 1, 2011.

The agreement is drawn up in German, English and French; in case of doubt, the French version is authoritative, cf. Art. 45 COTIF.

history

In 1893 the first international agreement on rail freight traffic (IÜG, later called CIM, 1st Bern Convention ) came into force, which had a first European central office with the Office central des transports internationaux par chemins de fer à Berne (OCTI) (see International Convention on Rail Freight Traffic of October 14, 1890. ).

The intergovernmental organization for international rail traffic (OTIF, L'Organisation intergouvernementale pour les transports internationaux ferroviaires ) was founded by the new convention (COTIF 1980) . The organization was set up to standardize the regulations for international freight traffic by rail and thereby to simplify and accelerate it. OTIF also publishes the magazine for international rail traffic .

The main areas of activity of OTIF are: international rail transport law (passenger transport and freight transport); the transport of dangerous goods; Contracts for the use of wagons; the contract for the use of the railway infrastructure; the validation of technical standards and the adoption of uniform technical regulations for railway material; the removal of barriers to border crossing in international rail traffic; participation in the drafting of other international agreements relating to rail traffic.

The COTIF Convention was signed in Bern on May 9, 1980 and entered into force on May 1, 1985. (2nd Bern Convention) .

With the 1999 Vilnius Protocol, COTIF 1999 entered into force on July 1, 2006.

scope

Persons - CIV (Appendix A)

The conclusion and implementation of the contract of carriage as well as the liability of the carrier in international passenger rail transport are regulated in the Uniform Rules for the Contract for the International Carriage of Passengers by Rail (CIV). (Règles uniformes concernant le contrat de transport international ferroviaires des voyageurs) .

With the change in COTIF 1999, the previously existing obligation to carry on international railway lines or routes was also given up.

It is also no longer the case that the international tariffs determine the connections for which international tickets are issued. If carriers work together as successive carriers, they make agreements on the calculation of prices and the distribution of the transport price among themselves.

Appendix CIV also contains binding liability regulations (strict liability; minimum liability amounts; maximum liability limits, in some cases with recourse to the additional state law to be consulted) in the event of injury or death of travelers, or damage or loss of luggage traveling with them, and for delays.

The CIV legal provisions (with the exception of a few articles) form Annex I to Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of October 23, 2007 on the rights and obligations of rail passengers (Passenger Rights Regulation).

Goods - CIM (Appendix B)

The conclusion and implementation of the contract of carriage as well as the liability of carriers in international rail freight transport are regulated in the Uniform Rules for the Contract for the International Carriage of Goods by Rail (Règles uniformes concernant le Contrat de transport international ferroviaire des marchandises).

These determine the content of the consignment note.

Block trains can also run under the CIM regime.

The CIM appendix also contains binding liability regulations (strict liability or partial liability for suspected fault; maximum liability limits) in the event of damage to or loss of the transported goods as well as for delays.

Dangerous goods - RID (Appendix C 1999)

The Règlement concernant le transport international ferroviaire de marchandises Dangereuses (RID, Appendix C) regulates the transport of dangerous goods , German regulation for the international transport of dangerous goods by rail.

The RID itself consists of only a few articles, but the extensive technical system is the most important. The content of the regulations largely corresponds to the European Agreement on the International Carriage of Dangerous Goods by Road (ADR). The annex to RID is also an annex to EU Directive 96/49 / EEC (Framework Directive on the carriage of dangerous goods by rail).

To simplify work and coordination, COTIF has set up a RID technical committee as an organ of COTIF (see Article 13 § 1 d of COTIF 1999). All Member States have the right to send representatives to the meetings of the RID Committee of Experts, which usually take place once a year. The RID Committee of Experts only has a quorum if one third of the member states are represented (see Article 18 § 2 COTIF 1999). The RID Committee of Experts decides on applications for changes to the regulations for the international carriage of dangerous goods by rail (RID) (see Article 33 § 5 COTIF 1999). With the agreement of the majority of the Member States, the OTIF Secretariat can invite non-member States and international organizations and associations that are responsible for questions of transport to attend the meetings (see Article 16 § 5 of COTIF 1999). The working languages ​​are German, English and French.

Wagons - CUV (Appendix D 1999)

The Règles uniformes concernant les contrats d'utilisation de véhicules en trafic international ferroviaire (CUV), German uniform legal provisions for contracts for the use of wagons in international rail traffic, contain a dispositive regulation of liability for damage and loss of vehicles used as a means of transport (and not transported as rolling goods).

The regulation does not differentiate between private, railway or other wagons.

Railway Infrastructure - CUI (Appendix E 1999)

The Règles uniformes concernant le contrat d'utilisation de l'infrastructure en trafic international ferroviaire (CUI), ( Uniform legal provisions for the contract for the use of the infrastructure in international rail traffic ) comprise provisions of the civil contractual relationship for the handling of “ railways and fixed installations as far as they are necessary for the traffic of railway vehicles and for traffic safety ”.

Technical standards and regulations - APTU (Appendix F 1999)

The Règles uniformes concernant la validation de normes techniques et l'adoption de prescriptions techniques uniformes applicables au matériel ferroviaire destiné à être utilisé en trafic international (APTU), (German uniform legal regulations for the declaration of binding technical standards and for the adoption of uniform technical regulations for Railway material intended for use in international traffic) defines the procedure according to which technical standards and uniform technical regulations for railway material are declared to be binding or accepted.

Technical approval - ATMF (Appendix G 1999)

The Règles uniformes concernant l'admission technique de matériel ferroviaire utilisé en trafic international (ATMF, Uniform Rules for the Technical Admission of Railway Material used in International Traffic ) regulate the technical admission of railway vehicles and other railway material.

Validity

Europe

Most of the European states (including the non-EU members) are members of OTIF.

EU

On June 16, 2011, the EU Council of Transport Ministers approved the EU's accession to the intergovernmental organization for international rail transport (OTIF). As a result, on 23 June 2011 a corresponding, indefinite agreement came into force between OTIF and the EU. The EU cannot become a member of the OTIF Administrative Committee. Nor does it pay any (budget) contributions to OTIF, but the EU has the right to take part in all OTIF bodies and meetings. If the EU exercises this right, the respective EU member states can no longer participate separately in its place; the number of votes in the EU corresponds to the sum of the voting shares of its member states.

However, the appendices E (CUI), F (APTU) and G (ATMF) to COTIF 1999 contain provisions concerning subjects that are also regulated by the law of the European Union ; the content-related delimitation to one another has not yet been resolved in a binding manner in all parts.

Germany

Germany ratified COTIF in 1999. Its provisions have also been applicable in the Federal Republic of Germany since July 1, 2006. Germany has since withdrawn a declaration in accordance with Article 42 of COTIF regarding the non-application of Appendix E (?, Not mentioned in Federal Law Gazette 2002 II p. 2140, 2142 ) as well as Appendices F and G ( Federal Law Gazette 2014 II p. 1275 ).

Austria

Austria also took over COTIF 1999 on July 1, 2006. In addition to Art. 42 COTIF (CUI, APTU, ATMF), it has in particular registered reservations against Art. 2, § 1, CIV and Art. 2, § 1, CUI (each area of application ). With the accession of the EU to COTIF, Austria's declaration regarding the non-application of Annexes E, F and G has become obsolete.

Switzerland

In Switzerland, COTIF 1999 is fully valid.

Other countries

OTIF has 45 member states, Jordan is an associated member.

literature

  • Hartenstein, Olaf / Reuschle, Fabian (eds.), Handbook of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2014, Verlag Carl Heymanns, chapter 12: International rail transport (only for goods transport)
  • Koller, Ingo, transport law. Commentary , 9th edition, Munich 2016, Verlag CH Beck, u. a. Commentary on COTIF / CIM
  • Munich Commentary on HGB , Vol. 7 - Transport Law, 3rd edition, 10/2014, Beck-Verlag Munich [Note: with commentary on ADSp, CMR, MÜ, CMNI, COTIF and the new German sea trade law!]
  • Wolfgang Kunz: Railway law. Systematic collection with comments on German European and international regulations , NOMOS Baden-Baden, 2008.
  • Kunz: The new convention on international rail traffic , transpr 2005, 329
  • Railion Deutschland AG (formerly DB Cargo AG, publisher): Regulations for the transport of dangerous goods by rail - GGVSE and RID. Loose-leaf work, TÜV Media GmbH (formerly: TÜV-Verlag), Cologne, ISBN 978-3-8249-0793-9
  • Wieske, Thomas, Transport law quickly captured , 3rd edition, Berlin Heidelberg 2012 [Publisher: Springer]

Web links

Individual evidence

  1. ↑ However, in April 2011 Iraq and Lebanon suspended membership. Georgia became the 47th member on May 1, 2012. Jordan is an associated member of OTIF (it does not apply COTIF),
  2. ↑ a b List of member states on the OTIF website ( Memento of 24 May 2011 in the Internet Archive )
  3. ↑ OTIF: Intergovernmental Organization for International Rail Traffic
  4. ↑ Information on the journal for international rail traffic and the archive of older issues as pdf files on the OTIF website ( Memento of August 12, 2016 in the Internet Archive )
  5. ↑ Freise, New developments in railway law on the occasion of the entry into force of the COTIF 1999 , transpr 2007, 45 (published inter alia on the website of the German Society for Transport Law e.V. ) ( Memento from June 30, 2007 in the Internet Archive ) ( PDF; 125 kB)
  6. ↑ For inclusion in federal German law cf. last 17th RID Amendment Ordinance with effect from January 1, 2013 (Federal Law Gazette 2012 II, p. 1338)
  7. ↑ Information on the RID technical committee of COTIF on the OTIF website ( Memento of March 13, 2015 in the Internet Archive )
  8. ↑ cf. only press release of the BMVBS No. 129/2011 of June 16, 2011. ( Memento of June 25, 2011 in the Internet Archive )
  9. ↑ Agreement between the Intergovernmental Organization for International Carriage by Rail and the European Union of June 23, 2011 on the accession of the European Union to the Convention on International Carriage by Rail (COTIF) of May 9, 1980 as amended by the Vilnius Protocol of June 3 1999 ( PDF ). The agreement was published in the Official Journal of the EU on February 23, 2013 (OJ EU, L 51/8).