Protocol inzake gecombineerd vervoer over binnenwateren bij de Europese Overeenkomst inzake belangrijke internationale gecombineerde vervoerslijnen en daarmee samenhangende installaties (AGTC) van 1991

For the purposes of this Protocol:
a) The term “combined transport” shall mean the transport of goods in one and the same transport unit using more than one mode of transport;
b) The term “network of inland waterways of importance for international combined transport” shall refer to all inland waterways and those coastal routes which conform to the minimum requirements contained in Annex III to this Protocol if: (i) they are currently used for regular international combined transport;
(ii) they serve as important feeder lines for international combined transport;
(iii) they are expected to become important for international combined transport in the near future (as defined in (i) and (ii)). These coastal routes should be in line with the provisions of Annex III, section (a), paragraph (xi);
(i) they are currently used for regular international combined transport;
(ii) they serve as important feeder lines for international combined transport;
(iii) they are expected to become important for international combined transport in the near future (as defined in (i) and (ii)).
c) The term “related installations” shall refer to terminals in ports which are of importance for international combined transport, providing for the transshipment of containers and other intermodal transport units (swap-bodies, semi-trailers, goods road vehicles, etc.) used in combined transport between inland water vessels and sea, road and rail transport.

1. The Contracting Parties being also Parties to the European Agreement on Important International Combined Transport Lines and Related Installations (AGTC) of 1991 adopt the provisions of this Protocol as a coordinated international plan for the development and operation of a network of inland waterways of importance for international combined transport as well as for terminals in ports, hereinafter referred to as “international inland waterway network for combined transport” which they intend to undertake within the framework of national programmes.
2. The international inland waterway network for combined transport consists of the inland waterways contained in Annex I to this Protocol and of terminals in ports contained in Annex II to this Protocol.

In order to facilitate combined transport services on the international inland waterway network for combined transport, Contracting Parties shall undertake appropriate measures in order to achieve the technical and operational minimum requirements referred to in Annex III to this Protocol.

The annexes to this Protocol form an integral part of the Protocol.

The Secretary-General of the United Nations shall be the depositary of this Protocol.

1. This Protocol shall be open at the office of the United Nations in Geneva for signature by States which are Contracting Parties to the European Agreement on Important International Combined Transport Lines and Related Installations (AGTC) of 1991 from 1 November 1997 to 31 October 1998.
2. Such signatures shall be subject to ratification, acceptance or approval.

1. This Protocol shall be subject to ratification, acceptance or approval in accordance with paragraph 2 of article 6.
2. Ratification, acceptance or approval shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.

1. This Protocol shall be open for accession by any State referred to in paragraph 1 of Article 6 from 1 November 1997.
2. Accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.

1. This Protocol shall enter into force 90 days after the date on which the Governments of five States have deposited an instrument of ratification, acceptance, approval or accession, provided that one or more waterways of the international inland waterway network for combined transport link, in a continuous manner, the territories of at least three of the States which have deposited such an instrument.
2. If the above condition is not fulfilled, the Protocol shall enter into force 90 days after the date of the deposit of the instrument of ratification, acceptance, approval or accession, whereby the said condition will be satisfied.
3. For each State which deposits an instrument of ratification, acceptance, approval or accession after the commencement of the period of 90 days specified in paragraphs 1 and 2 of this article, the Protocol shall enter into force 90 days after the date of deposit of the said instrument.

1. Nothing in this Protocol shall be construed as preventing a Contracting Party from taking such action, compatible with the provisions of the Charter of the United Nations and limited to the exigencies of the situation, as it considers necessary for its external or internal security.
2. Such measures, which must be temporary, shall be notified immediately to the depositary and their nature specified.

1. Any dispute between two or more Contracting Parties which relates to the interpretation or application of this Protocol and which the Parties in dispute are unable to settle by negotiation or other means shall be referred to arbitration if any of the Contracting Parties in dispute so requests and shall, to that end, be submitted to one or more arbitrators selected by mutual agreement between the Parties in dispute. If the Parties in dispute fail to agree on the choice of an arbitrator or arbitrators within three months after the request for arbitration, any of those Parties may request the Secretary-General of the United Nations to appoint a single arbitrator to whom the dispute shall be submitted for decision.
2. The award of the arbitrator or arbitrators appointed in accordance with paragraph 1 of this article shall be binding upon the Contracting Parties in dispute.

Any State may, at the time of signing this Protocol or of depositing its instrument of ratification, acceptance, approval or accession, notify the depositary that it does not consider itself bound by article 11 of this Protocol.

1. This Protocol may be amended in accordance with the procedure specified in this article, except as provided for under articles 14 and 15.
2. At the request of a Contracting Party, any amendment proposed by it to this Protocol shall be considered by the Working Party on Combined Transport of the United Nations Economic Commission for Europe.
3. If the amendment is adopted by a two-thirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary-General of the United Nations to all Contracting Parties for acceptance.
4. Any proposed amendment communicated in accordance with paragraph 3 of this article shall come into force with respect to all Contracting Parties three months after the expiry of a period of twelve months following the date of its communication, provided that during such period of twelve months no objection to the proposed amendment shall have been notified to the Secretary-General of the United Nations by a State which is a Contracting Party.
5. If an objection to the proposed amendment has been notified in accordance with paragraph 4 of this article, the amendment shall be deemed not to have been accepted and shall have no effect whatsoever.

1. Annexes I and II to this Protocol may be amended in accordance with the procedure laid down in this article.
2. At the request of a Contracting Party, any amendment proposed by it to Annexes I and II shall be considered by the Working Party on Combined Transport of the United Nations Economic Commission for Europe.
3. If the amendment is adopted by the majority of the Contracting Parties present and voting, the proposed amendment shall be communicated by the Secretary-General of the United Nations to the Contracting Parties directly concerned for acceptance. For the purpose of this article, a Contracting Party shall be considered directly concerned if, in the case of inclusion of a new inland waterway section or a terminal or in case of their respective modification, its territory is crossed by that inland waterway section or is directly linked to the terminal, or if the considered terminal is situated on the said territory.
4. Any proposed amendment communicated in accordance with paragraphs 2 and 3 of this article shall be deemed accepted if, within a period of six months following the date of its communication by the depositary, none of the Contracting Parties directly concerned has notified the Secretary-General of the United Nations of its objection to the proposed amendment.
5. Any amendment thus accepted shall be communicated by the Secretary-General of the United Nations to all Contracting Parties and shall enter into force three months after the date of its communication by the depositary.
6. If an objection to the proposed amendment has been notified in accordance with paragraph 4 of this article, the amendment shall be deemed not to have been accepted and shall have no effect whatsoever.
7. The depositary shall be kept promptly informed by the secretariat of the Economic Commission for Europe of the Contracting Parties which are directly concerned by a proposed amendment.

1. Annex III to this Protocol may be amended in accordance with the procedure specified in this article.
2. At the request of a Contracting Party, any amendment proposed by it to Annex III shall be considered by the Working Party on Combined Transport of the United Nations Economic Commission for Europe.
3. If the proposed amendment is adopted by a two-thirds majority of the Contracting Parties present and voting, it shall be communicated by the Secretary-General of the United Nations to all Contracting Parties for acceptance.
4. Any proposed amendment communicated in accordance with paragraph 3 of this article shall be deemed accepted unless, within a period of six months following the date of its communication, one fifth or more of the Contracting Parties have notified the Secretary-General of the United Nations of their objection to the proposed amendment.
5. Any amendment accepted in accordance with paragraph 4 of this article shall be communicated by the Secretary-General to all Contracting Parties and shall enter into force three months after the date of its communication with respect to all Contracting Parties except those which have already notified the Secretary-General of the United Nations of their objection to the proposed amendment within the period of six months following the date of its communication according to paragraph 4 of this article.
6. If one fifth or more of the Contracting Parties have notified an objection to the proposed amendment in accordance with paragraph 4 above, the amendment shall be deemed not to have been accepted and shall have no effect whatsoever.

1. Any Contracting Party may denounce this Protocol by written notification addressed to the Secretary-General of the United Nations.
2. The denunciation shall take effect one year after the date of receipt by the Secretary-General of the said notification.
3. Any Contracting Party which ceases to be a Party of the European Agreement on Important International Combined Transport Lines and Related Installations (AGTC) of 1991 shall on the same date cease to be a Party to this Protocol.

Should, after the entry into force of this Protocol, the number of Contracting Parties for any period of twelve consecutive months be reduced to less than five, the Protocol shall cease to have effect twelve months after the date on which the fifth State ceased to be a Contracting Party.

In addition to such notifications and communications as this Protocol may specify, the functions of the Secretary-General of the United Nations as depositary shall be as set out in Part VII of the Vienna Convention on the Law of Treaties, concluded at Vienna on 23 May 1969.

The original of this Protocol, of which the English, French, and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.