Parties to the Convention COTIF
Parties to the Protocol to the Convention COTIF 1990 r.
The Convention on International Carriage by Rail (COTIF)
of 9 May 1980 r. (Dz.U. 1985 No. 34, Item. 158)
Consolidation of 3 June 1999 r. (Dz.U. 2007 No. 100, Item. 674)
On behalf of the Polish Republic
PRESIDENT OF THE REPUBLIC OF POLISH
publicly announces:
On 3 June 1999 r. was drawn up in Vilnius Protocol amending the Convention on International Carriage by Rail (COTIF), signed at Berne on 9 May 1980 r. (Protocol 1999), The following:
Title I. General Provisions
Article 1.
Intergovernmental organization
§ 1. Parties to this Convention form, as Member States, Intergovernmental Organisation for International Carriage by Rail (OTIF), hereinafter referred to as "the Organization".
§ 2. Bern is the seat of the Organization. The General Assembly may decide to transfer her to another place is situated in one of the Member States.
§ 3. The Organization shall have legal personality. In particular, it has the capacity to contract, acquire and dispose of movable and immovable property, as well as to legal proceedings.
§ 4. Organization, members of its staff, appointed by its experts and representatives of the Member States shall enjoy the privileges and immunities necessary for the exercise of their functions, under the conditions specified in the Protocol on the Privileges and Immunities of the, annexed to the Convention.
§ 5. Relations between the Authority and the State, on whose territory it is established, governed by a Headquarters Agreement.
§ 6. The working languages of the Organization shall be English, French and German. The General Assembly may introduce other working languages.
Article 2.
Purpose of the Organization
§ 1. The organization aims to promote comprehensive, streamlining and facilitating international rail traffic, in particular by:
a) establish uniform legal systems in the following areas of law:
1. contract of carriage of passengers and goods in international direct train, together with an adjuvant and other means of transport is the subject of a single contract,
2. contract for use of carriages, as a means of transport in international rail traffic,
3. contract for use of infrastructure in international rail traffic,
4. carriage of dangerous goods in International Rail Traffic;
b) whereas society is particularly, contributing to the removal in the shortest possible time, barriers of the crossing in international rail, in so far as the reasons for these barriers correspond to the state;
c) contributing to the achievement of interoperability and technical harmonization in the rail sector, through the implementation of technical standards and adoption of uniform technical regulations;
d) establish a uniform procedure for acceptance of technical rail equipment intended for use in international traffic;
and) supervising the application of all provisions and recommendations adopted within the framework of;
f) establishment of uniform systems of law, rules and procedures, referred to in subparagraph. A to E with a view to the development of law, Economics and Technology.
§ 2. The organization may:
a) accordance with the objectives set out in § 1 develop other unified legal systems;
b) establish a framework, in which Member States may develop other international conventions, to promote, streamlining and facilitating international rail traffic.
Article 3.
International cooperation
§ 1. Member States undertake to focus its international cooperation in the field of railways, as a rule within the Organization and to the extent that this will be compatible with the tasks, which arise from Article. 2 i 4. For this purpose,, Member States shall take all necessary measures and to attain that, to adapt the multilateral international agreements and conventions, which they are parties, the extent to which these conventions and agreements on international cooperation in the field of railway, and the result of these powers to other intergovernmental and nongovernmental organizations, which coincide with the tasks assigned to the Organization.
§ 2. The obligations arising for Member States to § 1, which are also members of the European Union and the countries parties to the Agreement on the European Economic Area do not take precedence in relation to the commitments of these countries as members of the European Union or a State party to the Agreement on the European Economic Area.
Article 4.
Reception and transfer of the
§ 1. According to the decision of the General Assembly, The organization is authorized, as part of its objectives set out in Article. 2, to accept jobs, financial resources and obligations of other intergovernmental organizations, that can be transferred to it pursuant to agreements with these organizations.
§ 2. The organization may, by a decision of the General Assembly, delegate tasks to other intergovernmental organizations, financial resources and obligations pursuant to agreements with the organizations.
§ 3. With the consent of the Administrative Committee, The organization may adopt administrative functions, related to its objectives and that have been entrusted by the Member State. Organization expenses related to the acquisition of these functions will be borne by the Member State.
Article 5.
The specific obligations of Member States
§ 1. Member States undertake to take all appropriate measures to facilitate and accelerate international rail traffic. For this purpose,, each Member State, as far as possible, undertakes to:
a) eliminate any unnecessary procedures,
b) simplification and harmonization of formalities before,
c) simplification of border controls.
§ 2. In order to facilitate and improve international rail traffic, Member States undertake to promote action to achieve the highest possible degree of uniformity of rules, procedures and methods of organization of rolling stock, train staff, rail infrastructure and support services.
§ 3. Member States undertake to facilitate the conclusion of agreements between infrastructure managers to optimize the International Rail Traffic.
Article 6.
Uniform Rules
§ 1. If statements or claims have not been reported or submitted, accordance with Article. 42 § 1, first sentence, The international railway communication and acceptance of rolling stock for use in international traffic shall be:
a) "Uniform Rules concerning the Contract of International Carriage of Passengers by Rail (CIV)”, attached as Annex A to this Convention,
b) "Uniform Rules concerning the Contract of International Carriage of Goods by Rail (CIM)”, attached as Annex B to this Convention,
c) "Rules concerning the International Carriage of Dangerous Goods (RID)”, attached as Annex C to this Convention,
d) "Uniform Rules on Contracts for the use of vehicles in international rail traffic (CUV)”, attached as Annex D to this Convention,
and) "Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (IN)”, Annex E to the Convention,
f) "Uniform Rules concerning the Validation of technical standards and the adoption of Uniform Technical Prescriptions applicable to Railway Material used in International Traffic (APTU)”, attached as Annex F to the Convention,
g) "Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic (ATMF)”, attached as Annex G to this Convention,
h) other standardized legal systems developed by the Organization pursuant to Article. 2 § 2 lit. a, also annexed to this Convention.
2. Uniform Rules, Regulations and legal systems listed in § 1, and amendments thereto, form an integral part of this Convention.
Article 7.
The definition of "Convention"
The following provisions of the phrase "the Convention" covers the Convention, Protocol, referred to in Article. 1 § 4 and the attachments listed in Articles. 6, together with their annexes.
Title II. Common provisions
Article 8.
National law
§ 1. In the interpretation and application of the Convention should take into account the nature of international law and the need to preserve its unity.
§ 2. In matters not covered in the Convention shall apply the national law.
§ 3. "National law" means the law of the State, in which the person entitled asserts his rights, including conflict rules.
Article 9.
Unit of account
§ 1. Unit of account referred to in Annexes, is the Special Drawing Right, defined by the International Monetary Fund.
§ 2. The value in Special Drawing Right of the national currency of a State member of the International Monetary Fund is determined by the method of calculation used by the International Monetary Fund for its own operations and transactions.
§ 3. The value in Special Drawing Right of the national currency of a non-member of the International Monetary Fund is determined as specified by the State. Calculation must express in the national currency a real value, as close as possible to the value, that would be achieved by using § 2.
§ 4. For a Member State, not a member of the International Monetary Fund, whose legislation does not allow the use of § 2 lub § 3, unit of account specified in the Annexes shall be deemed equal to a value corresponding to the three gold francs. The gold franc is defined by 10/31 grams of gold of a fineness 0,900. The conversion of the gold franc into the national currency should be expressed in national currency a real value, as close as possible to the value, that would be achieved by using § 2.
§ 5. Within three months from the date of entry into force of the Convention and in any event, change the translation method, or the value of its currency in relation to the national unit of account, State shall inform the Secretary General of their method of conversion pursuant to § 3 or the conversion value in accordance with § 4. The Secretary General shall transmit this information to the Member States.
§ 6. The value expressed in units of account shall be converted into national currency of the State, which a court or tribunal ruled seizure. Out in accordance with the value of currency on a judicial decision or the date agreed by the parties.
Article 10.
Additional Provisions
§ 1. For the implementation of the CIV Uniform Rules and CIM Uniform Rules, two or more Member States or of two or more carriers may adopt additional provisions; But they can not deviate from the Uniform Rules.
§ 2. Additional Provisions, referred to in § 1 come into force and published in the manner prescribed by law and regulations of each country. The Secretary-General is notified of the provisions of additional countries and the date of entry into force. The Secretary General shall inform Member States of these notifications.
Article 11.
Legal Deposit
Do you require a deposit to secure judicial review of court costs brought under the CIV Uniform Rules, The CIM Uniform Rules, CUV Uniform Rules or the Uniform Rules CUL
Article 12.
Execution of judgments. Classes
§ 1. With the, when the judgment issued by the competent court under the provisions of this Convention in the presence of the parties or in default will be enforceable under the law applied by the court, become enforceable in each of the other Member States to the formalities provided for in the State, in which the enforcement. Revision of the dispute is not admissible. These provisions shall also apply to court settlements.
§ 2. § 1 does not apply to judgments about the feasibility of only temporary as well as judgments, which, by the dismissal of the petition of the plaintiff's damages zasądzają addition to costs.
§ 3. Claims arising from carriage under the CIV Uniform Rules and CIM Uniform Rules, in favor of a trucking company from another trucking company, not who belongs to the same Member State, may only be attached under a judgment given by the judicial authorities of the Member State, which belongs to the company which owns the claim, to be adopted.
§ 4. Claims arising from the agreement subject to the Uniform Rules CUV or CUI Uniform Rules may only be attached under a judgment given by the judicial authorities of the Member State, which belongs to the owning company claims occupied.
§ 5. Rolling stock may be seized on territory other than the Member State, in which the holder is established, solely on the basis of a judgment given by the judicial authorities of that State. The term "holder" means, who being the owner or authorized to dispose, continuously operated commercially rolling stock as a means of transport.
Title III. Structure and activity
Article 13.
Bodies
§ 1. The activities of the Organization is provided by the following authorities:
a) The General Assembly,
b) Administrative Committee,
c) Audit Commission,
d) Commission of Experts for the Carriage of Dangerous Goods (Komisja Ekspertów RID),
and) Facilitation Commission rail,
f) Committee of Technical Experts,
g) Secretary-General.
§ 2. The General Assembly may establish other interim committees for specific tasks.
§ 3. When determining a quorum at the General Assembly § m and in the committees listed in § 1 lit. c to f are not taken into account Member States, which have no voting rights (art. 14 § 5, art. 26 § 7 lub art. 40 § 4).
§ 4. Chairmanship of the General Assembly, guidance to the Administrative Committee and general secretary, in principle be allocated to nationals of different Member States.
Article 14.
The General Assembly
§ 1. The General Assembly consists of all Member States.
§ 2. The General Assembly:
a) determine its own rules of procedure,
b) appoint the members of the Administrative Committee and alternate member for each Member State and sets, which is entrusted with its leadership (art. 15 §§ 1 do 3),
c) elect the Secretary General (art. 21 § 2),
d) issue guidance on the activities of the Administrative Committee and the Secretary General,
and) fixed for a period of six, the maximum amount, we can achieve the expenditure of the budget in each period (art. 25); or, it seems, for a period not exceeding six years, guidelines to reduce these expenses,
f) decides to transfer the seat of the Organization (art. 1 § 2),
g) Decides to enter other working languages (art. 1 § 6),
h) chooses to adopt the Organization of other powers (art. 4 § 1) and to delegate powers to another organization of the intergovernmental (art. 4 § 2),
i) if necessary, Decides to establish other interim committees for specific tasks (art. 13 § 2),
j) sets, whether the State's position should be regarded as a tacit expression of will withdraw from the Convention (art. 26 § 7),
k) Decides to entrust the financial control to another Member State, than the country of residence (art. 27 § 1),
the) decides on matters of proposals to amend the Convention (art. 33 § 2 i 3),
m) decides on applications for membership submitted to the General Assembly (art. 37 § 4),
n) decides on the conditions of accession of regional economic integration organization (art. 38 § 1),
the) decides on matters submitted applications for the association (art. 39 § 1),
p) decides on the dissolution of the Organization and the possible transfer of its tasks to other intergovernmental organizations (art. 43),
q) decides on any other matter included on the agenda.
§ 3. The Secretary General shall convene the sessions of the General Assembly every three years or at the request of one third of the Member States or of the Administrative Committee, as well as in the cases provided for in Article. 33 § 2 i 3 and Articles. 37 § 4. Member States shall send a draft agenda, at least three months before the opening, accordance with the conditions laid down in the Rules of Procedure, referred to in § 2 lit. a.
§ 4. The General Assembly reached a quorum (art. 13 §3), when it represented a majority of Member States. One Member State may be represented by another Member State; However, one state can not represent more than one other state.
§ 5. When voting at the General Assembly on the amendments to the Annexes to the Convention, Member States, have made a declaration to the Annex on the basis of Article. 42 § 1, The first task, have no voting rights.
§ 6. The provisions of the General Assembly by a majority vote of the Member States, whose representatives are present for the vote, except in cases, referred to in § 2, lit. and, f, g, h, l and p and Articles. 34 § 6, which require a two-thirds majority. However, for, referred to in § 2 literature I) two-thirds majority is required only if, when dealing with proposals to amend the Convention itself, with the exception of. 9 i 27 § 2 do 10 and Protocol, referred to in Article. 1 § 4.
§ 7. In agreement with the majority of Member States, The Secretary-General invites you to participate, in an advisory, sessions of the General Assembly:
a) States not members of the Organization, and
b) international organizations and associations relevant to the issues concerning the activities of the Organization or dealing with issues entered on the agenda.
Article 15.
Administrative Committee
§ 1. The Administrative Committee shall consist of one-third of the Member States.
§ 2. Members and alternates and the Member State, performing the function, are appointed for three years. Composition of the Committee shall be determined for each period, having particular regard to equitable geographical distribution. Alternate member, who was a member of the Committee during the period, designated as a member of the Committee for the next period.
§ 3. In the event of a vacancy or suspension of a member of the voting rights or in the absence of a member at two consecutive meetings of the Committee, who has not authorized another member to represent him in accordance with § 6, alternate member appointed by the General Assembly performs its function throughout the remainder of.
§ 4. Except in the case, referred to in § 3, no Member State can not form part of the Committee for more than two full consecutive periods.
§ 5. Committee:
a) determine its own rules of procedure,
b) enters into an agreement with established,
c) staff of the statute sets,
d) Having regard to the competence of candidates and equitable geographical distribution, appoint high-ranking officials of the Organization,
and) establishes rules for the finance and accounting of the,
f) approve the work plan, budget, report and the financial settlement of the,
g) sets, an agreed financial settlement, ultimate interest of the Member States in accordance with Article. 26 for two consecutive calendar years and the amount of the advance due from the Member States, accordance with Article. 26 § 5, for the current and next calendar year,
h) Organisation sets targets for all Member States or only some Member States, as well as expenditure, that in connection with them shall bear the Member States (art. 26 § 4),
i) determine the amount of specific charge (art. 26 § 11),
j) issue special guidelines for financial control (art. 27 §1),
k) approve the acquisition by the Organization of the administrative functions (art. 4 § 3) and on the amount of financial claims required of a Member State,
the) Member States shall report on the activities, financial results and the adopted resolutions and recommendations,
m) prepare a report on its activities and proposals for its membership in the new office, and forward them to the Member States, the latest two months before the session of the General Assembly, to be determined by Committee (art. 14 § 2 lit. b),
n) monitors the performance of the Secretary-General,
the) supervises the correct application by the Secretary General of the Convention and the exercise by the Secretary General of the decisions taken by other authorities; To this end, the Committee may take appropriate steps to improve the application of the Convention and the above-mentioned decision,
p) issue a reasoned opinion on matters likely to affect the activities of the Organization and submitted to him by a Member State or the Secretary General,
q) resolve disputes between a Member State and the Secretary General in relation to its functions as depository (art. 36 § 2),
r) decides on matters concerning the application for suspension of membership (art. 40),
§ 6. Quorum committee osiąga, when it represented two thirds of its members. A member may be represented by another member; However, a member may not represent more than one member.
§ 7. Provisions of the Committee by a majority vote of the members, who are present for the vote.
§ 8. The Committee shall meet at the Headquarters of, unless, otherwise specified. Minutes of meetings are sent to all Member States.
§ 9. Chairman of the Committee:
a) convene meetings of the Committee at least once a year, or at the request of one fourth of its members or the Secretary General,
b) transmit to the members of the Committee of the draft agenda,
c) deals with, the extent and under the terms of the Rules of Procedure Committee, urgent matters, which occurred between meetings.
d) signed a headquarters agreement, referred to in § 5 lit. b).
§ 10. The Committee may, the scope of their powers, require the President to perform certain specific tasks.
Article 16.
Commissions
§ 1. Commissions, referred to in Article. 13 § 1 lit. c do f i § 2 consists in principle of all Member States. If the Audit Committee, RID Expert Committee or Committee of Technical Experts to consider and decide, the scope of their powers, about changes in the Annexes to the Convention, Member States, have made a declaration relating to the annex in accordance with Article. 42 § 1, first sentence shall not be members of the appropriate committee.
§ 2. The Secretary General shall convene the committee on its own initiative or at the request of five Member States, or at the request of the Administrative Committee. The Secretary General shall send the draft agenda of the Member States no later than two months before the opening of the meeting.
§ 3. A Member State may be represented by another Member State; However, one state can not represent more than two other states.
§ 4. Each of the Member States represented on the committee is entitled to one vote. A proposal is accepted, if the number of votes "for" is:
a) at least one-third of the Member States represented in the vote, and
b) more than the number of votes "against".
§ 5. In agreement with the majority of Member States, The Secretary-General invites you to participate, in an advisory, at committee meetings:
a) State, not members of the Organization,
b) Member States, which are not members of the committee,
c) International organizations and associations in matters concerning the activities of the Organization or dealing with issues entered on the agenda.
§ 6. At each meeting, or for a specified period of committees shall elect a president and one or more vice-chairmen.
§ 7. The proceedings are held in the working languages of the Organization. The essential elements of speech delivered at the meetings in one of the working languages shall be translated into other languages of the. Conclusions and decisions are translated in their entirety.
§ 8. Minutes are a summary of the meeting. Conclusions and decisions are reproduced in full. When it comes to decisions, shall prevail to the French text. The minutes are sent to all Member States.
§ 9. Committees may appoint working groups, entrusted with the development of specific issues.
§ 10. Commission shall determine its own rules of procedure.
Article 17.
The Audit Commission
§ 1. The Audit Commission:
a) decides, accordance with Article. 33 § 4, of proposals aimed at amending the Convention,
b) consider, accordance with Article. 33 § 2, applications, to be submitted to the decision to the General Assembly.
§ 2. The Audit Commission reached a quorum, when you are present in most Member States (art. 13 § 3).
Article 18.
Komisja Ekspertów RID
§ 1. RID Committee of Experts decides, accordance with Article. 33 § 5, of proposals aimed at amending the Convention.
§ 2. RID Expert Committee reaches a quorum, are present when one-third of the Member States (art. 13 § 3).
Article 19.
Facilitation Committee of the rail
§ 1. Facilitation Committee of the rail:
a) give its opinion on all matters to facilitate the crossing of frontiers in international rail traffic.
b) recommended standards, methods, procedures and practical arrangements for the facilitation of international rail traffic.
§ 2. Facilitation Committee of the rail reaches a quorum, are present when one-third of the Member States (art. 13 § 3).
Article 20.
Committee of Technical Experts
§ 1. Committee of Technical Experts:
a) makes decisions, accordance with Article. 5 APTU Uniform Rules concerning the Validation of technical standards for railway equipment, used in international transport,
b) makes decisions, accordance with Article. 6 APTU Uniform Rules of the adoption of uniform technical rules of construction, Operating, maintenance or management of railway equipment in international transport użytkowanymi,
c) supervise the application of uniform technical standards and technical regulations relating to railway equipment for the international carriage by rail, and controls their growth to their adoption and approval in accordance with the procedures, referred to in Article. 5 i 6 Uniform Rules APTU,
d) resolved, accordance with Article. 33 § 6, of proposals aimed at amending the Convention,
and) leads all other matters, entrusted to it in accordance with the Uniform Rules APTU and ATMF Uniform Rules.
§ 2. Committee of Technical Experts achieve quorum (art. 13 § 3), when they are present representatives of one of the other Member States within the meaning of. 16 § 1. If the Commission decides on the provisions contained in the annexes to the Uniform Rules APTU, have no voting rights, Member States, which according to Article. 35 § 4 submitted an objection on the relevant provisions of or made a reservation in accordance with Article. 9 § 1 of the Uniform Rules APTU.
§ 3. Committee of Technical Experts may approve technical standards or adopt uniform technical regulations, or refuse its approval or acceptance; The Commission may not under any circumstances make changes to them.
Article 21.
The Secretary-General
§ 1. The Secretary General shall act as the Secretariat of the.
§ 2. Secretary-General elect, the General Assembly for three years, with more than twice re-elected.
§ 3. In particular, the, The Secretary-General:
a) performs the functions of Depositary (art. 36),
b) The organization represents the outside,
c) send to Member States the decisions taken by the General Assembly and its committees (art. 34 § 1 i art. 35 § 1),
d) sentence carries it by the other organs of the,
and) examines the proposals of Member States, the amendment of the Convention, using if necessary the assistance of experts,
f) convene the General Assembly sessions and committee meetings (art. 14 § 3; art. 16 § 2),
g) forward in a timely manner the necessary documents to Member States to meetings of the bodies,
h) develop a work plan, draft budget and report on the activities of the organization and submit them for approval to the Administrative Committee (art. 25),
i) within the approved budget, manages the financial management of the,
j) at the request of interested parties, shall be, in the provision of good services, settle disputes between them, arising out of the interpretation or application of the Convention,
k) on request, provide all interested parties an opinion on disputes arising in connection with the interpretation or application of the Convention,
the) perform the tasks entrusted to it under Title V of this Convention,
m) receives messages from the Member States, international organizations and associations, referred to in Article. 16 § 5, and businesses (carriers, infrastructure managers, itp.) participating in International Rail Traffic, and, if necessary, forward it to the other Member States, international organizations and associations and businesses,
n) manages the staff of the Organization,
the) in due course, inform Member States of any vacancy in the Organization,
p) keep up to date and publish a list of lines, referred to in Article. 24.
§ 4. The Secretary-General may submit its own initiative, proposals for amendment of the Convention.
Article 22.
Personel Organizacji
Rights and responsibilities of personnel staff of the statute established by the Administrative Committee, accordance with Article. 15 § 5 lit. c).
Article 23.
Bulletin
§ 1. The organization publishes a bulletin containing the official announcements and other information, which are necessary and useful for application of the Convention.
§ 2. If necessary,, Messages, for which transmission is responsible under the Convention on the Secretary-General may be in the form of a notice in the bulletin.
Article 24.
Lists line
§ 1. Shipping lines and inland waterways, referred to in Article. 1 CIV Uniform Rules and Articles. 1 The CIM Uniform Rules, which performs a carriage, issue, in addition to carriage by rail, single contract, entered into two lists:
a) list of lines of marine and inland CIV,
b) list of lines of marine and inland CIM.
§ 2. Railways of the Member State subject to the reservation made in accordance with Article. 1 § 6 CIV Uniform Rules or in accordance with. 1 § 6 The CIM Uniform Rules shall be entered in accordance with the proviso, into two lists:
a) CIV list of railway lines,
b) CIM list of railway lines.
§ 3. Member State shall notify the Secretary-General to include or delete the line, referred to in § 1 i 2. Shipping lines and inland waterways, referred to in § 1, forming a connection between the Member States shall be entered on the list only after approval by the competent State; for such a line deletion of the list is sufficient notice of this by one of these countries.
§ 4. The Secretary General shall notify all Member States to add a line to the list, or deleting it from the list.
§ 5. Maritime transport lines and the lines of inland navigation, referred to in § 1 and the traffic on railways, referred to in § 2, are covered by the Convention on the expiry of one month, the date of notification by the Secretary General of its enrollment. This line is not subject to the Convention after three months from the date of notification by the Secretary General of the strike, except in cases, it lasts for the transport, which must be fully executed.
Tytuł IV. Finance
Article 25.
Plan pracy. Budget Financial Settlement. Report on the activities
§ 1. Plan pracy, budget and financial settlement of the cover a period of two calendar years.
§ 2. The organization publishes an activity report at least once every two years.
§ 3. At the request of the Secretary-General, The Administrative Committee shall determine the total amount of expenses of the Organization for each budgetary period.
Article 26.
Financing of expenditure
§ 1. Subject to the provisions of § 2 do 4, Organization expenses not covered by other income are borne two fifths of the Member States on shared contributions to the United Nations system, and three fifths in proportion to the length of the railway infrastructure, a line of marine and inland shipping lines entered in accordance with Article. 24 § 1. However, shipping lines and inland waterway only count for half their length.
§ 2. If a Member State makes a reservation under Article. 1 § 6 CIV Uniform Rules or Article. 1 § 6 The CIM Uniform Rules, part of that country, referred to in § 1, shall be, as follows:
a) instead of the total length of railway infrastructure on the territory of that Member State, takes into account only the railroads entered in accordance with Article. 24 § 2,
b) part of the contribution by the United Nations system is calculated in proportion to the length of the lines listed in accordance with Article. 24 § 1 i 2, the total length of railway infrastructure on the territory of that State and entered the line in accordance with Article. 24 § 1; However, the contribution can not be less than 0,01%.
§ 3. Each Member State shall not be less than 0,25% and not more than 15% expenditure.
§ 4. The Administrative Committee shall:
a) Organization which tasks are equally applicable to all Member States and the expenses borne by all Member States according to the rules, referred to in § 1,
b) Organization which tasks apply only to certain Member States and the expenses borne by the Member States follow the same rules. The provisions of § 3 shall apply mutatis mutandis.
The provisions of this Article shall not apply to. 4 § 3.
§ 5. Shares of the Member States to the Organization shall be payable in the form of an advance, payable in two installments, no later than 31 October of each of the two years covered by the budget. The advance shall be finally determined on the basis of the shares payable in two years previous.
§ 6. By submitting to the Member States report and the financial settlement, The Secretary General shall notify the final participation rate for the two preceding calendar years and the amount of advances for two consecutive calendar years.
§ 7. After a day 31 December of the year, which the Secretary General has made a notification, referred to in § 6, the amounts due for the preceding two calendar years shall bear interest at five percent per year. If a Member State fails to pay the contribution due after one year from that date, his right to vote is suspended until they meet payment obligations. After another period of two years, The General Assembly is considering, whether the attitude of the country should be regarded as a tacit expression of will withdraw from the Convention, and if so, determined if necessary, the effective date of termination.
§ 8. In the event of termination, referred to in § 7 or Articles. 41, as well as in the case of suspension of voting rights, referred to in Article. 40 § 4 lit. b attributable to contributions are still owed.
§ 9. Amounts not paid shall be borne by the Organization.
§ 10. Member State denouncing the Convention, can be re-Member State for accession to the Convention, subject to repayment of debt at its.
§ 11. The organization charges a fee to cover costs arising from specific activities listed in Article. 21 § 3 lit. j do I. In the cases provided for in Article. 21 § 3 lit. jik amount of this fee shall be fixed by the Administrative Committee, the Secretary-General; in the case referred to in Article. 21 § 3 lit. the, as Art. 31 § 3.
Article 27.
Financial Control
§ 1. If the General Assembly, pursuant to Article. 14 § 2 lit. otherwise k, State financial control siedziblitspan> , accordance with the provisions of this Article and subject to any special guidance of the Administrative Committee, granted in accordance with regulations concerning finance and accounting of the (art. 15 § 5 lit. and.
§ 2. Auditor checks the finances of the Organization, including all trust funds and special accounts, to the extent it deems necessary, to determine, or:
a) financial statements are consistent with the books of the,
b) financial operations, which is mentioned in the reports, been prepared in accordance with the rules and regulations, budgetary provisions and other guidelines of the Organization,
c) securities and cash deposited in a bank or in hand have been verified on the basis of evidence of deposit, issued directly by the depositary, or actually converted,
d) internal controls, including internal financial control, were appropriate,
and) All assets and liabilities, as well as surpluses and deficits have been posted in accordance with the, which the auditor considers sufficient.
§ 3. Only the auditor is entitled to full or partial recognition of the receipts and documents submitted by the Secretary General. If necessary,, the auditor may perform an examination and a detailed inspection of all documentary evidence relating to financial operations or supplies and equipment.
§ 4. At any time the auditor has free access to all books, accounting documents and other information, that it deems necessary.
§ 5. Auditor is not entitled to reject the various financial activities, However, he shall immediately pay to the Secretary-General on any operation, the correctness or desirability of it seems to be questionable, so that the Secretary had the opportunity to take action.
§ 6. Auditor presents and sign the declaration on the financial statements, The following: I checked the accounts of the Organization for the financial period, which ended on 31 December… Verification included a general analysis of accounting methods and control of financial documents and other documents, check that under the circumstances I found it necessary. Depending on the circumstances, the above statement says, that:
a) financial statements properly reflect the financial position on the reporting period;, as well as the results of operations during the period, ended on that date,
b) financial statements have been prepared under accounting principles, applicable financial rules were consistent with those, which were adopted in the previous budget period,
c) applicable financial rules were consistent with those, which were adopted in the previous budget period,
d) financial operations were conducted in accordance with the rules and regulations, budgetary provisions and other guidelines of the Organization.
§ 7. The report, on financial operations, the auditor shall:
a) nature and extent of audit,
b) elements associated with the requirement of completeness or accuracy of the accounts, Having the appropriate:
1. information necessary for proper interpretation and evaluation of the accounts,
2. all amounts, to be taken, but have not been credited to your account,
3. any amount subject to normal or conditional payment obligation, that were not accounted for or were not included in the financial statements,
4. expenses, for which no adequate accounting records,
5. Information, whether the accounting is carried out in good and due form; pay attention to the cases, in which the presentation of financial statements differs from the generally known and applied accounting principles;
c) other matters, to which attention should be paid to the Administrative Committee, for example:
1. cases of fraud or presumption of fraud,
2. mismanagement or misuse of funds or other assets of the Organization (even when the accounts for the operation were carried out properly),
3. expenses, which could cause significant rise in future costs for the Organization,
4. any general or specific defect in the control system of revenue and expenditures or of supplies and equipment,
5. expenses, inconsistent with the intentions of the Administrative Committee, taking into account the changes resulting from well-conducted transfers within the budget,
6. overspending, taking into account the changes resulting from well-conducted transfers within the budget,
7. inconsistent with the purpose of the expenditure, which was authorized,
d) compliance or non-compliance accounts for supplies and equipment, identified on the inventory and audit the accounts.
Also, report may show the operations recorded in the previous budget period, and to the point where new information or record operations, that should be done later in the budget and which seems to be that, should be previously informed the Administrative Committee.
§ 8. Auditor may not be reposted in its report criticisms, if not previously allowed to the Secretary-General for clarification on the matter.
§ 9. The conclusions of the audit the auditor shall transmit to the Administrative Committee and the Secretary-General. It also has the right to submit relevant comments in relation to the financial statements of the Secretary-General.
§ 10. In the event, when the auditor has conducted only a general control or is not adequate accounting records, should note this fact in the statement and report, giving the reasons for their comments, as well as the consequent effects on the financial position and financial operations for the posted.
Tytuł V. Arbitration
Article 28.
Competence
§ 1. Disputes between Member States, arising from the interpretation or application of the Convention, as well as disputes between Member States and the Organization, arising from the interpretation or application of the Protocol on Privileges and Immunities, may be at the request of either party filed before the tribunal. The parties agree any composition of the arbitral tribunal and arbitration procedure.
§ 2. Other disputes arising from the interpretation or application of this Convention and other conventions developed by the Organization in accordance with Article. 2 § 2, if not settled amicably or presented to the courts to resolve common, may be by agreement between the interested parties brought before the tribunal. Regarding the composition of the arbitral tribunal and the arbitration procedure shall apply to Article. 29 do 32.
§ 3. You can, at the time of application for accession to the Convention, reserve the right not to apply in whole or in part, the provisions of § 1 to § 2.
§ 4. Each Member, which has made a reservation under § 3, may at any time resign from the, inform the depositary. Cancellation of a reservation becomes effective after the expiration of one month from the date of, in which the depositary shall inform the other Member States.
Article 29.
Arbitration agreement. Registration
Parties to the dispute contain an arbitration agreement, specifying:
a) the subject matter,
b) The Court and the deadlines set out to appoint one or more arbitrators,
c) village established as the seat of the tribunal,
Arbitration agreement should be given to the Secretary General responsible for the registration.
Article 30.
Arbitrators
§ 1. The Secretary-General shall establish and maintain a current list of arbitrators. Each Member State may enter on the list two of its nationals.
§ 2. The arbitral tribunal shall consist of one, three or five arbitrators, according to the contract of compromise. Arbitrators are selected from those remaining on the list, referred to in § 1. However, the, Compromise when the agreement provides for five arbitrators, each party may select an arbitrator from outside the list. If the contract provides for an arbitrator Compromise, it is chosen by mutual agreement of the Parties. If the compromise agreement provides for three or five arbitrators, that each party chooses one or two arbitrators, who by mutual agreement appoint the third or fifth arbitrator, who shall chair the arbitral tribunal. If you can not be reached by the Parties agree on the designation of an arbitrator or arbitrators selected disagreement between the choice of the third or fifth arbitrator, appoints its Secretary-General.
§ 3. The sole arbitrator or the third or fifth arbitrator should have a different nationality than the parties to the dispute, unless, that both parties have the same nationality.
§ 4. Participation on the issue of any third party shall not affect the composition of the arbitral tribunal.
Article 31.
Procedure. Costs
§ 1. The Arbitral Tribunal shall decide on the procedure adopted, including in particular, the following provisions:
a) tribunal investigates and adjudicates in cases brought on the basis of data supplied by the Parties, without being bound when a decision is interpreted by those Parties,
b) tribunal can not grant anything more or anything other than a, what was requested in the conclusions of the plaintiff, or less, than the defendant considered due,
c) edited tribunal duly justified decision and inform the Parties through the Secretary-General,
d) arbitration award is final, If the law of the place, which sits on the tribunal decides otherwise or if the parties can not reach agreement to the contrary ruling of the tribunal.
§ 2. The amount of the fees of the arbitrators shall determine the Secretary-General.
§ 3. The arbitration award shall determine the costs and expenses, and decide on their distribution between the parties, as well as the distribution of the fees of the arbitrators between the parties.
Article 32.
Limitation. Feasibility
§ 1. Arbitration is, in terms of interruption, ten sam skutek, the effect provided by the substantive law, applicable to proceedings before an ordinary court.
§ 2. The decision of the arbitral tribunal shall become effective executive in each of the Member States after the completion of the formalities provided for in the State, in which the enforcement. Revision of the dispute is not admissible.
Tytuł VI. Amendment of the Convention
Article 33.
Competence
§ 1. The Secretary General shall immediately inform the Member States of the proposals to amend the Convention, received from Member States or which he has developed.
§ 2. The General Assembly decides on proposals to amend the Convention in cases not listed in § 4 do 6.
§ 3. Upon presentation of its proposal to amend the General Assembly may decide by the majority provided for in Article. 14 § 6, that this proposal is closely related to one or more provisions of the annexes to the Convention. In this case,, and in cases, referred to in § 4 do 6, second sentence, General Assembly shall have the right to decide to change this provision or provisions.
§ 4. Subject to the decision of the General Assembly in accordance with § 3 first sentence, The Audit Committee shall decide on proposals to amend the rules to change:
a) art. 9 i art. 27 § 2 do 10,
b) CIV Uniform Rules, with the exception of. 1, 2, 5, 6, 16, art. 26 do 39, art. 41 do 53 i art. 56 do 60,
c) The CIM Uniform Rules, with the exception of. 1, 5, art. 6 § 1 i 2, art. 8, 12, art. 13 § 2, art. 14, art. 15 § 2 i 3, art. 19 § 6 i 7, oraz Article. 23 do 27, art. 30 do 33, art. 36 do 41 i art. 44 do 48,
d) CUV Uniform Rules, with the exception of. 1, 4, 5 i art. 7 do 12,
and) Uniform Rules Cul, with the exception of. 1, 2, 4, art. 8 do 15, art. 17 do 19, art. 21, art. 23 do 25,
f) Uniform Rules APTU, with the exception of. 1, 3, art. 9 do 11 and annexes to these Uniform Rules,
g) ATMF Uniform Rules, with the exception of. 1, 3 i art. 9.
If the submitted proposals for changes to the regulations within the competence of the Audit Committee in accordance with subparagraph. a do g, third countries represented in the Committee may request, that these proposals have been submitted for decision to the General Assembly.
§ 5. Regarding the proposal for changes to the Regulations concerning the International Carriage of Dangerous Goods (RID) RID Committee of Experts decides. However, the, third countries represented in the Committee may request, that these proposals have been submitted for decision to the General Assembly.
§ 6. Regarding the proposal for changes to the Annexes to the Uniform Rules APTU decided by the Commission of Technical Experts. However, one third of the countries represented on the Committee may request, that these proposals have been submitted for decision to the General Assembly.
Article 34.
The provisions of the General Assembly
§ 1. The Secretary General shall notify Member States of the amendment adopted by the General Assembly.
§ 2. Changes to the provisions of the Convention itself, adopted by the General Assembly, enter into force twelve months after the date of their approval by two-thirds of the Member States. Amendments shall enter into force for all Member States, with the exception of those countries, which, prior to their entry into force of a declaration under, which did not approve of these changes.
§ 3. Changes to the Annexes to the Convention, adopted by the General Assembly, enter into force twelve months after the date of their approval by half of the Member States, have not submitted a statement, referred to in Article. 42 § 1, first sentence. Amendments shall enter into force for all Member States, with the exception of those countries, which, prior to their entry into force of a declaration under, which did not approve of these changes, and with the exception of those countries, who made a, referred to in Article. 42 § 1, first sentence.
§ 4. Member States shall notify the Secretary-General to approve amendments to the Convention adopted by the General Assembly, as well as their statement, according to which not approve of these changes. The Secretary General shall notify the other Member States this.
§ 5. Period, referred to in § 2 i 3 runs from the date of notification to the Secretary-General stating, that have been completed the conditions required for the entry into force of amendments.
§ 6. At the time of the amendment of the General Assembly may decide, that the change is so important, that each Member State, that makes a statement, referred to in § 2 lub § 3 and does not approve a change in a period of eighteen months from the date of its entry into force of the cease, the expiry of that period, be a Member State of the.
§ 7. If the decisions of the General Assembly are the Annexes to the Convention, use of the annex in the transport and between Member States, in accordance with § 3 timely submitted a statement, according to which not approve of these changes, suspended in full from the date of entry into force of the decision. The Secretary General shall notify the suspension of the Member States. The suspension expires after one month from the date of, which the Secretary-General informed the other Member States of the withdrawal of opposition.
Article 35.
The provisions of the commission
§ 1. The Secretary General shall notify Member States of amendments of the Convention adopted by the Commission.
§ 2. Changes to the provisions of the Convention itself, adopted by the Audit Commission, enter into force for all Member States on the first day of the twelfth month following the month, which the Secretary-General notifies the Member States. Member States may submit an objection within four months from the date of notification. In the case of opposition of one quarter of Member States, change will not enter into force. If a Member State submits an objection to the decision of the Audit Commission within four months, and denounce the Convention, denunciation shall take effect on the date fixed for the entry into force of that decision.
§ 3. Changes to the Annexes to the Convention, adopted by the Audit Commission, enter into force for all Member States, first day of the twelfth month following the month, which the Secretary-General notifies the Member States. Amendments adopted by the RID Expert Committee or Commission of Technical Experts shall enter into force for all Member States on the first day of the sixth month following the month, which the Secretary-General notifies the Member States.
§ 4. Member States may submit objections within four months from the date of notification, referred to in § 3. In the case of opposition of one quarter of the Member States, the change does not enter into force. The use of an attachment in transport and between Member States, which in due time made opposition to the decision is suspended in its entirety from the entry into force of the decision. However, the, in the case of an objection to the approval of technical standards or the adoption of uniform technical regulations shall be suspended only by their use in transport and between the Member States of the entry into force of the decision, These provisions shall apply to the objections made to the decision.
§ 5. The Secretary General shall notify Member States of the suspensions, referred to in § 4; suspension expires after one month from the date on which the Secretary-General informed the other Member States of the withdrawal of opposition.
§ 6. When determining the number of objections under § 2 i 4 does not take into account the Member States, which:
a) have no voting rights (art. 14 § 5, art. 26 § 7 lub art. 40 § 4),
b) are not members of the Commission (art. 16 § 1, The second sentence),
c) made a declaration pursuant to Article. 9 § 1 Uniform Rules APTU.
Tytuł VII. Final Provisions
Article 36.
Depositary
§ 1. The Secretary General is the depositary of this Convention. Its functions as depository are listed in Part VII of the Vienna Convention on the Law of Treaties of 23 May 1969 years.
§ 2. In the event of a discrepancy between a Member State and the depositary for the performance of its functions, depositary or the competent Member State shall refer the matter to the other Member States or, if necessary, submit to the decision of the Administrative Committee.
Article 37.
Accession to the Convention
§ 1. The Convention is open for accession by any State, whose territory the railway infrastructure is operated.
§ 2. State wishing to accede to the Convention shall refer the request to the Depositary. The Depositary shall transmit it to the Member States.
§ 3. The proposal is finally adopted after three months from the date of the notification, referred to in § 2, if five of the Member States does not object to the depositary. The Depositary shall promptly notify the applicant country for accession, as well as Member States. The accession will become effective on the first day of the third month, from the month, in which the notification.
§ 4. In the case of opposition, at least five Member States within, referred to in § 3, application for accession shall be presented for decision to the General Assembly.
§ 5. Subject to Articles. 42, Each accession to the Convention can only relate to the Convention in the version applicable at the time, the accession will become effective.
Article 38.
The accession of regional economic integration organizations
§ 1. The Convention is open for accession by regional economic integration organizations with expertise in the regulation its own legislation binding their members in matters covered by this Convention and whose members include one or more Member States. The conditions of accession shall be specified in the contract between the Authority and a regional organization.
§ 2. Regional Organization may exercise the right, available to its members under the Convention, in so far as they are the result of its competence. This also applies to obligations under the Convention on the Member States, with the exception of financial liabilities, referred to in Article. 26.
§ 3. In order to exercise voting rights and the right to object, referred to in Article. 35 § 2 i 4, regional organization has a number of votes equal to the number of its members are Member States of the Organization. The latter can exercise their rights, and in particular the right to vote, only to the extent permitted under § 2. Regional organization has no right to vote on matters covered by Title IV.
§ 4. Article 41 shall apply to the termination of the accession.
Article 39.
Associate members
§ 1. Each Member, whose territory the railway infrastructure is operated, may be an associate member of the Organization. Art. 37 § 2 do 5 shall apply mutatis mutandis.
§ 2. An Associate Member may attend, only in an advisory, in the work of the bodies referred to in Article. 13 § 1 lit. a i c do f. An Associate Member may be appointed as a member of the Administrative Committee. It covers the expenses of the Organization of 0,25% total amount of contributions (art. 26 § 3).
§ 3. Art. 41 shall apply to the termination of an Associate Member.
Article 40.
Suspension of membership
§ 1. A Member State may request, without notice of the Convention, to suspend the membership of the Organization, if not done any international rail transport on its territory for reasons independent of the state.
§ 2. The Administrative Committee decides on the request for suspension of membership. The application consists of the Secretary-General no later than three months before the meeting of the Committee.
§ 3. Suspension of membership shall enter into force on the first day of the month, following the date, which the Secretary-General informed Member States about the decision of the Administrative Committee. Suspension of membership shall expire upon notification by the Member States to restore its territory international carriage by rail. The Secretary General shall immediately inform the other Member States.
§ 4. Suspension of membership will:
a) exemption from the obligation of Member State participation in financing the expenses of the Organization,
b) suspension of voting rights in the organs of the Organization,
c) suspension of the right of objection under Article. 34 § 2 i 3 oraz Article. 35 § 2 i 4.
Article 41.
Denunciation of the Convention
§ 1. Convention may be denounced at any time.
§ 2. Any Member State wishing to withdraw from the Convention shall notify the depositary. Denunciation shall take effect on 31 December next year.
Article 42.
Declarations and reservations to the Convention
§ 1. Any Member State may declare, at any time, that it will not apply in full some of the annexes to the Convention. Otherwise, reservations, as well as statements to apply certain provisions of the Convention or its annexes are permitted only if, when such objections or representations are expressly provided for in those provisions.
§ 2. Reservations or declarations shall be notified to the depositary. They become final upon the entry into force of the Convention for that State. Any statement made after its entry into force will become effective on 31 December of the year following the year, in which the statement. The Depositary shall inform the Member States.
Article 43.
The solution of the
§ 1. The General Assembly may decide to terminate the Organization and its powers transferred to another intergovernmental organization, if necessary, setting the conditions for this organization.
§ 2. In case of termination of the, her property is divided among the Member States, Members of the last five consecutive calendar years preceding the provision, referred to in § 1. The property is divided in proportion to the average percentage, which the Member States wpłacały to the Organization for the previous five years.
Article 44.
Transitional provisions
In cases, referred to in Article. 34 § 7, art. 35 § 4, art. 41 § 1 i art. 42, law in force at the time of conclusion of agreements in accordance with the CIV Uniform Rules, CIM Uniform Rules, Uniform Rules CUL and the CUV Uniform Rules, apply to existing contracts.
Article 45.
Texts of the Convention
§ 1. Convention was drafted in: French, German and English. In case of divergence prevail only the French text.
§ 2. At the request of one of the countries concerned, The organization shall make an official translation of the Convention in other languages, If one of these languages is the official language in the territory of at least two Member States. Translations are being developed in cooperation with the competent services of the Member States.
Protocol on Privileges and Immunities of the Intergovernmental Organisation for International Carriage by Rail (OTIF)
Article 1.
Judicial immunity, and enforcement activities
§ 1. As part of its official activities the Organisation shall enjoy immunity from litigation and enforcement, except in the following cases:
a) if the organization expressly waives such immunity in any particular case,
b) in case of civil proceedings brought by a third party,
c) in the case of a counterclaim, directly connected with proceedings initiated by the main action brought by the Organization,
d) wages in case of an attachment, wages and other payments due from the Organization of its personnel as mandated by court order.
§ 2. And good fortune, owned by the Organization, wherever they were, enjoy immunity against any kind of requisition, confiscation, sequestration and other forms of seizure or coercion, except in cases, where the time required to prevent accidents, involving motor vehicles owned by the Organization or operating on its behalf and in the cases, which requires the investigation, accidents caused by the above.
Article 2.
Protection against expropriation
If expropriation is necessary in the public interest, must take all reasonable steps to prevent this, to expropriation became an obstacle to the pursuit of the Organization. It should also be paid compensation in advance, quickly and an appropriate amount.
Article 3.
Exemption from taxes
§ 1. Each Member State shall exempt organization, its property and income from the payment of direct taxes, as part of its official activities. If you make purchases or use the services of substantial value, necessary for the performance of official business by the Organization, and when the price of such purchases or services includes taxes or fees, Member States shall issue, every time, where possible, appropriate arrangements to release the Organization from such taxes or charges or to recover the amounts in the amount equal to the.
§ 2. Not be granted any exemption from taxes and other charges which are only paid for services rendered.
§ 3. Goods acquired in accordance with § 1 not sold, resold or used otherwise than under the conditions laid down by Member States, which granted an exemption.
Article 4.
Exemptions from taxation
§ 1. Goods imported or exported by the Organisation and strictly necessary to perform its official duties shall be exempt from all dues and taxes collected at importation or exportation.
§ 2. There are no exemptions granted under this Article, in relation to the purchase and import of goods or services, designed for the needs of the staff of the Organization.
§ 3. Art. 3 § 3 shall apply mutatis mutandis to goods imported in accordance with § 1.
Article 5.
Acts of
The official activities of the Organization, within the meaning of this Protocol, are the following purposes in, referred to in Article. 2 Convention.
Article 6.
Foreign exchange operations
The organization may receive and store any funds, currency, cash or securities. It may freely dispose of them for all purposes provided for in the Convention, and may have accounts in any currency to the extent necessary to discharge the obligations.
Article 7.
Provision of information
In terms of official exchange of information and transfer of all its documents, Organization shall have the treatment at least the same as that, enjoyed by other similar international organizations from each Member State.
Article 8.
Privileges and immunities of representatives of
Representatives of Member States enjoy in the course of their duties and during their mission the following privileges and immunities in the territory of each Member State:
a) judicial immunity, even after their duties, for acts, including statements in word and in writing, committed in the course of their duties; This immunity shall cease if the damage resulting from an accident caused by a motor vehicle or any other means of transport owned by the representative of the state or operated by him or in the event of breach of traffic regulations concerning the above-mentioned means of transport,
b) immunity from personal immunity and exemption from detention except caught in the act,
c) inviolability of personal baggage, with the exception caught in the act,
d) inviolability for all official papers and documents,
and) exemptions for themselves and their spouses from all the formalities check and registration of foreigners,
f) the same facilities for the provision of monetary or exchange rate, are available to representatives of foreign Governments, acting as a temporary official missions.
Article 9.
The privileges and immunities of members of staff of the Organization
Employees of the Organization shall enjoy in the course of his duties the following privileges and immunities in the territory of each Member State:
a) judicial immunity for acts, including statements in word and in writing, committed while on duty and the task mich; This immunity shall cease if, damages resulting from an accident caused by a motor vehicle or any other means of transportation owned by an employee of the Organization or by the run or in the event of breach of traffic regulations concerning the above-mentioned means of transport; employees benefit from this immunity even after having been employed in the Organization,
b) inviolability for all official papers and documents,
c) the same exemptions from regulations restricting immigration and governing aliens check, Jak te, which is normally accorded to staff of international organizations; the same facilities used by family members of employees remaining with them in the same household,
d) exemption from national income tax charges, subject to the introduction of internal taxation for the Organization salaries, wages and other remuneration paid by the Organization; Nevertheless, Member States shall have the option of the salaries, wages and salaries in the calculation of taxes on income from other sources; Member States are not obliged to use these tax credits and pensions and survivors' pensions paid by the Organisation for former employees and other persons entitled to them,
and) for the provision of foreign exchange have the same privileges, usually enjoyed by officials of international organizations,
f) in times of international crisis, both employees, and members of their families, remaining with them in the same household, have the same facilities for repatriation, usually enjoyed by officials of international organizations.
Article 10.
Privileges and immunities of experts
Experts appointed by the Organization for use in the performance of his duties with the Organization or to perform certain tasks for the following privileges and immunities, if they are necessary to perform the duties, including journeys made in the performance of these duties or while on delegations:
a) judicial immunity for acts, including statements in word and in writing, committed by them in discharging their; This immunity shall cease if the damage resulting from an accident caused by a motor vehicle or any other means of transport owned by the examiner or conducted by him or in the event of breach of traffic regulations concerning the above-mentioned means of transport; Experts enjoy this immunity even after the termination of their functions to the Organization,
b) inviolability for all official papers and documents,
c) facilitating the exchange rates, necessary to transfer their salaries,
d) the same facilities in respect of personal baggage, are available to representatives of foreign Governments, acting as a temporary official missions.
Article 11.
Purpose of the privileges and immunities granted
§ 1. The privileges and immunities provided in this Protocol have been established solely to provide, in all circumstances, the free functioning of the Organization and the total independence of, which they are granted. The competent authority shall abolish any immunity in all cases, where their behavior could interfere with the administration of justice and in which immunity can be waived without prejudice to the objective, which has been granted.
§ 2. Competent authorities in accordance with § 1 are:
a) Member States, in relation to their representatives,
b) Administrative Committee, for the Secretary-General,
c) The Secretary-General, in relation to other employees and experts appointed by the Organization.
Article 12.
Preventing abuse
§ 1. Nothing in this Protocol shall not prejudice held by each Member State the right to take all necessary precautions in the interest of public safety.
§ 2. The organization collaborates with the competent authorities of the Member States to facilitate the smooth administration of justice, ensure compliance with laws and regulations of the respective Member States and to prevent any abuses of the privileges and immunities provided in this Protocol.
Article 13.
The treatment of nationals
No Member State is not obligated to grant the privileges and immunities provided in this Protocol:
a) w art. 8, with the exception of point. d),
b) w art. 9, with the exception of point. a), b) i d),
c) w art. 10, with the exception of point. a) i b),
their own nationals or to persons resident in that State.
Article 14.
Supplementary Agreements
The Organization may conclude with one or more Member States supplementary agreements for the application of this Protocol in respect of a Member State or Member States, as well as other agreements to ensure the smooth operation of the Organization.
