Verdrag en Statuut nopens het Internationale Spoorwegregime

The Contracting States declare that they accept the Statute on the International Regime of Railways annexed hereto adopted by the Second General Conference on Communications and Transit which met at Geneva on November 15th, 1923.
This Statute shall be deemed to constitute an integral part of the present Convention.
Consequently, they hereby declare that they accept the obligations and undertakings of the said Statute in conformity with the terms and in accordance with the conditions set out therein.

The present Convention does not in any way affect the rights and obligations arising out of the provisions of the Treaty of Peace signed at Versailles on June 28th, 1919, or out of the provisions of the other corresponding Treaties, in so far as they concern the Powers which have signed, or which benefit by, such Treaties.

The present Convention, of which the French and English texts are both authentic, shall bear this day's date and shall be open for signature until October 31st, 1924, by any State represented at the Conference of Geneva, by any Member of the League of Nations, and by any State to which the Council of the League of Nations shall have communicated a copy of the Convention for this purpose.

The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the League of Nations, who shall notify their receipt to every State signatory of or acceding to the Convention.

On and after November 1st, 1924, the present Convention may be acceded to by any State represented at the Conference referred to in Article 1, by any Member of the League of Nations, or by any State to which the Council of the League of Nations shall have communicated a copy of the Convention for this purpose.
Accession shall be effected by an instrument communicated to the Secretary-General of the League of Nations to be deposited in the archives of the Secretariat. The Secretary-General shall at once notify such deposit to every State signatory of or acceding to the Convention.

The present Convention will not come into force until it has been ratified in the name of five States. The date of its coming into force shall be the ninetieth day after the receipt by the Secretary-General of the League of Nations of the fifth ratification. Thereafter, the present Convention will take effect in the case of each Party ninety days after the receipt of its ratification or of the notification of its accession.
In compliance with the provisions of Article 18 of the Covenant of the League of Nations, the Secretary-General will register the present Convention upon the day of its coming into force.

A special record shall be kept by the Secretary-General of the League of Nations showing, with due regard to the provisions of Article 9, which of the Parties have signed, ratified, acceded to or denounced the present Convention. This record shall be open to the Members of the League at all times; it shall be published as often as possible, in accordance with the directions of the Council.

Subject to the provisions of Article 2 above, the present Convention may be denounced by any Party thereto after the expiration of five years from the date when it came into force in respect of that Party. Denunciation shall be affected by notification in writing addressed to the Secretary-General of the League of Nations. Copies of such notification shall be transmitted forthwith by him to all the other Parties, informing them of the date on which it was received.
A denunciation shall take effect one year after the date on which the notification thereof was received by the Secretary-General, and shall operate only in respect of the notifying State.

Any State signing or adhering to the present Convention may declare, at the moment either of its signature, ratification or accession, that its acceptance of the present Convention does not include any or all of its colonies, overseas possessions, protectorates or overseas territories under its sovereignty or authority and may subsequently adhere, in conformity with the provisions of Article 5, on behalf of any such colony, overseas possession, protectorate or territory excluded by such declaration.
Denunciation may also be made separately in respect of any such colony, overseas possession, protectorate or territory, and the provisions of Article 8 shall apply to any such denunciation.

On the expiration of each period of five years after the coming into force of the present Convention, its revision may be demanded by five Contracting States. At all other times revision of the present Convention may be demanded by one-third of the Contracting States.

Special agreements may also provide for assistance by the supply of locomotives and, should the international traffic concerned justify it, by the supply of fuel or electric power.

Special agreements between States may provide that the rolling-stock of any administration, including locomotives and all movable property forming part of and contained in such rolling-stock, shall be immune from seizure on the territory of a State other than that to which the owning administration belongs, except in virtue of a judgment of the courts of the latter State.

The use and the circulation in international traffic of wagons of private persons, or organisations other than railway administrations, shall be dealt with by special agreements.

In the interests of international traffic, the Contracting States shall, so far as circumstances reasonably permit, facilitate the conclusion of agreements permitting the use of a single contract to cover an entire journey; in such agreements an effort will be made to attain the greatest possible measure of uniformity in the conditions governing the execution of the through contract by each of the various administrations taking part in the carrying of the traffic.

Failing a single transport contract, reasonable facilities shall be afforded for the carriage on successive contracts of traffic passing over the railways of two or more Contracting States.

The principal matters to be dealt with by the special agreements relating to the single transport contract for passengers and baggage are the following:
(a) The conditions under which the railway is obliged to accept, or is at liberty to reject, the transport contract;
(b) The conditions governing the conclusion of the transport contract and the drawing up of the document containing the terms of the contract;
(c) The obligations and regulations with which the passenger is obliged to comply;
(d) The passenger's obligations as regards the compliance with other formalities (such as Customs formalities) connected with the journey and necessary for its completion;
(e) The conditions of delivery of baggage;
(f) The provisions applicable in the case of interruption of service or other hindrances to the completion of the journey;
(g) The responsibility assumed by the railways under the transport contract;
(h) Rights of action arising out of the transport contract and the enforcement of judgments.

The principal matters to be dealt with by the special agreements relating to the single transport contract for goods are the following:
(a) The conditions under which the railway is obliged to accept, or is at liberty to reject, the transport contract;
(b) The conditions governing the conclusion of the transport contract and the drawing up of the document containing the terms of the contract;
(c) Definition of the obligations and responsibilities of the various parties concerned in the contract concluded with the railway;
(d) Provisions relating to the route to be followed and to the time-limit, if any, within which the transport should be completed;
(e) The conditions regulating compliance during the journey with other formalities (such as Customs formalities) connected with and necessary for the carriage of the goods;
(f) The conditions governing the delivery of the goods, and the conditions of payment of the railway charges;
(g) The guarantees given to the railway for the payment of its charges;
(h) The measures to be taken in case of obstacles preventing carriage or delivery;
(i) The responsibility assumed by the railway under the transport contract;
(j) Rights of action arising out of the transport contract and the enforcement of judgments.

The tariffs in force in accordance with national laws and duly published before coming into force shall fix:
In respect of passengers and baggage, the rates for carriage, including incidental charges, if any, and the conditions under which they shall be applied;
In respect of goods, the rates for carriage, including incidental charges, the classification of goods to which these rates are applicable and the conditions to which such application shall be subject.
The railways shall be obliged to grant to any traffic the tariff applicable to it, provided that the traffic fulfils the conditions of the tariff.

As regards international traffic, the railways may not levy, over and above the charges fixed in the tariffs applicable to any particular traffic, any charges other than those which constitute an equitable remuneration for services which are not covered by the charges fixed in the tariffs.

The Contracting States, recognising the necessity in general of leaving tariffs sufficient flexibility to permit of their being adapted as closely as possible to the complex needs of trade and commercial competition, retain full freedom to frame their tariffs in accordance with the principles accepted by their own legislation, provided that this freedom is exercised without detriment to international traffic.
They undertake to apply to international traffic tariffs which are reasonable both as regards their amounts and the conditions of their application, and undertake to refrain from all discrimination of an unfair nature directed against the other Contracting States, their nationals or their vessels.
These provisions shall not prevent the establishment of combined rail and sea tariffs which comply with the principles laid down in the previous paragraphs.

The benefit of the provisions of Article 20 shall not be confined to transport based on single contracts. It shall extend equally to transport made up of successive stages by rail, by sea or by any other mode of transport traversing the territory of more than one Contracting State and regulated by separate contracts, subject to the fulfilment of the following conditions:
Each of the successive contracts must specify the initial source and final destination of the consignment; during the whole duration of carriage the goods must remain under the supervision of the carriers and must be forwarded by each carrier to his successor direct and without delay other than that necessary for the completion of the transport operations and the Customs, octroi, police or other administrative formalities.

The provisions of Article 20 shall be equally applicable to internal, as well as to international, traffic by rail as regards goods which remain temporarily at the port without regard to the flag under which they have been imported or will be exported.

The Contracting States shall endeavour to promote the establishment of international tariffs to meet all the needs of international traffic which they can reasonably satisfy. They shall also facilitate the adoption of all measures tending, even apart from international tariffs, to make possible the ready calculation of the transport charges as regards the more important movements of traffic.

The Contracting States shall endeavour to obtain uniformity in the mode of presentation of both international and national tariffs, particularly in respect of groups of contiguous territories, with a view to facilitating the application of such tariffs in respect of international traffic.

The financial arrangements between railway administrations shall be such as not to hamper the working of international traffic and particularly the application of single transport contracts.

As regards railway receipts, the matters to be dealt with by these arrangements are, more particularly, the following:
(a) Regulations respecting the right of each administration to receive its share of the sums due to the railways;
(b) Regulations respecting the responsibility of an administration which fails to collect a sum for the collection of which it is responsible;
(c) Arrangements to be made to ensure the accuracy of accounts where administrations entrust such accountancy work to other administrations;
(d) Arrangements for reducing, so far as circumstances permit, the actual transfer of funds necessitated by financial settlements between administrations.

As regards sums which a railway has paid to its users, the matters to be dealt with in arrangements between railway administrations are, more particularly, the following:
(a) Regulations regarding the right of recourse of an administration which has paid compensation against other administrations taking part in the carriage;
(b) Provisions determining the responsibilities of the different administrations or the responsibilities which they agree to share;
(c) Provisions dealing with the recourse of administrations against each other in the case of one of them deciding to refund a sum levied in excess of the amount due to the railway (overcharge);
(d) Rules as to the recognition by the administrations of a judgment which has been given against one of them obliging it to make a payment.

Where, as the result of the state of the exchanges, difficulties arise constituting a serious hindrance to international traffic, measures shall be taken to reduce such inconveniences to a minimum.
Any railway administration which is subject to the risk of appreciable loss on currency exchange in the settlement of accounts may protect itself by adding to its through transport charges such a premium as may be reasonably sufficient to cover such risk. The arrangements between the railway administrations may provide for fixed rates of exchange subject to periodical revision.
Measures shall be taken to prevent as far as possible any improper speculations being made by intermediaries in the course of the transactions necessitated by the state of the exchanges.

Measures of a general or particular character which a Contracting State is obliged to take in case of an emergency affecting the safety of the State or the vital interests of the country may, in exceptional cases, and for as short a period as possible, involve a deviation from the provisions of the above articles, it being understood that the principles of the present Statute must be observed to the utmost possible extent.

No Contracting State shall be bound by this Statute to ensure the transit of passengers whose admission into its territories is forbidden, or of goods of a kind of which the importation is prohibited, either on grounds of public health or security or as a precaution against diseases of animals or plants. As regards traffic other than traffic in transit, no Contracting State shall be bound by this Statute to ensure the transport of passengers whose admission to its territory is prohibited, or of goods of which the import or export is prohibited by its national laws.
Each Contracting State shall be entitled to take the necessary precautionary measures in respect of the transport of dangerous goods or goods of a similar character, it being understood that such measures must not result in any discrimination contrary to the principles of the present Statute, and also to enforce general police measures, including police measures in connection with emigration traffic.
Nothing in this Statute shall affect the measures which one of the Contracting States is or may feel called upon to take in pursuance of general international conventions to which it is a party, or which may be concluded hereafter, particularly conventions concluded under the auspices of the League of Nations, relating to the transit, export or import of particular kinds of articles such as opium or other dangerous drugs, arms, or the produce of fisheries, or in pursuance of general conventions intended to prevent any infringement of industrial, literary or artistic property, or relating to false marks, false indications of origin or other methods of unfair competition.

The provisions of this Statute do not of themselves impose on any Contracting States any new obligation to facilitate the transport of nationals of a non-contracting State, or their baggage, or of goods, carriages, or wagons coming from or destined to a non-contracting State.

This Statute does not prescribe the rights and duties of belligerents and neutrals in time of war. The Statute shall, however, continue in force in time of war so far as such rights and duties permit.

This Statute does not entail in any way the withdrawal of facilities which are greater than those provided for in the Statute and which have been granted to international traffic by rail under conditions consistent with its principles. This Statute also entails no prohibition of such grant of greater facilities in the future.

In conformity with Article 23 (e) of the Covenant of the League of Nations, any Contracting State which can establish a good case against the application of any provisions of this Statute, in part or all of its territory, on the ground of the grave economic situation arising out of the acts of devastation perpetrated on its soil during the war 1914-1918, shall be deemed to be relieved temporarily of the obligations arising from the application of such provision, it being understood that the principles of this Statute must be observed to the utmost possible extent.

Should a dispute arise between two or more Contracting States as to the interpretation or the application of the present Statute, and should it prove impossible to settle such dispute either directly between the Parties or by any other method of amicable settlement, the Parties to the dispute may, before resorting to any procedure of arbitration or to a judicial settlement, submit the dispute for an advisory opinion to the body established by the League of Nations as the advisory and technical organisation of Members of the League for matters of communications and transit. In urgent cases, a preliminary opinion may be given recommending temporary measures, including measures to restore the facilities for international traffic which existed before the act or occurrence which gave rise to the dispute.
Should it prove impossible to settle the dispute by any of the methods of procedure enumerated in the preceding paragraph, the Contracting States shall submit their dispute to arbitration unless they have decided, or shall decide, under an agreement between them, to bring it before the Permanent Court of International Justice.

If the case is submitted to the Permanent Court of International Justice, it shall be heard and determined under the conditions laid down in Article 27 of the Statute of the Court.
If arbitration is resorted to, and unless the Parties decide otherwise, each Party shall appoint an arbitrator, and a third member of the arbitral tribunal shall be elected by the arbitrators, or, in case the latter are unable to agree, shall be selected by the Council of the League of Nations from the list of assessors for communications and transit cases mentioned in Article 27 of the Statute of the Permanent Court of International Justice; in such latter case the third arbitrator shall be selected in accordance with the provisions of the penultimate paragraph of Article 4 and the first paragraph of Article 5 of the Covenant of the League.
The arbitral tribunal shall judge the case on the basis of the terms of reference mutually agreed upon between the Parties. If the Parties have failed to reach an agreement, the arbitral tribunal acting unanimously shall itself draw up terms of reference after considering the claims formulated by the Parties; if unanimity cannot be obtained, the Council of the League of Nations shall decide the terms of reference under the conditions laid down in the preceding paragraph. If the procedure is not determined by the terms of reference, it shall be settled by the arbitral tribunal.
During the course of the arbitration the Parties, in the absence of any contrary provision in the terms of reference, are bound to submit to the Permanent Court of International Justice any question of international law or question as to the legal meaning of this Statute the solution of which the arbitral tribunal, at the request of one of the Parties, pronounces to be a necessary preliminary to the settlement of the dispute.

The Contracting States shall facilitate the conclusion of special agreements for the purpose of putting the provisions of the present Statute into force in cases where existing agreements are not adequate for this purpose.

The provisions of this present Statute may be extended by special conventions to transport undertakings operating means of transport other than railways, particularly where such undertakings are ancillary to railway transport.
Such undertakings shall thereupon be subject to all the obligations imposed and shall be entitled to all the rights conferred upon railways by the present Statute.
Nevertheless, the special conventions referred to in paragraph 1 may allow of any exceptions to the present Statute which may be necessary owing to the difference in the methods of transport. In particular, in the case of contracts relating to international traffic carried partly by rail and partly by sea, such exceptions may provide for the application of maritime law to the sea journey.

Should special conventions as provided for in Article 38 not be applicable, reasonable facilities shall be afforded for the movement of traffic by rail and a different means of transport, such as transport by sea.

The Contracting States undertake to introduce into those existing conventions which contravene the provisions of this Statute, so soon as circumstances permit and in any case on the expiry of such conventions, the modifications required to bring them into harmony with such provisions, so far as the geographical, economic or technical circumstances of the countries or areas concerned allow.

Without prejudice to the application of Article 24 of the Covenant of the League of Nations, all offices or bureaux which have been, or may be, set up by international conventions to facilitate the settlement between States of questions concerning transport by rail shall be regarded as animated by the same spirit as the organisations of the League of Nations, and – for the purposes of the execution of the present Statute – as extending, within their particular sphere, the action of these organisations; they will therefore exchange with the competent organisations of the League all relevant information concerning the fulfilment of their function of international co-operation.

The Contracting States shall take all necessary steps to communicate to the League of Nations all information likely to assist the organisations of the League in carrying out the tasks which fall to them with a view to the application of the present Convention.

It is understood that this Statute must not be interpreted as regulating in any way rights and obligations inter se of territories forming part of or placed under the protection of the same sovereign State, whether or not these territories are individually Contracting States.

Nothing in the preceding Articles is to be construed as affecting in any way the rights or duties of a Contracting State as Member of the League of Nations.