The Railways (Convention on International Carriage by Rail) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide that the 1999 Protocol to the Convention concerning International Carriage by Rail 1980 (Cm 4873) (COTIF), shall have the force of law following its ratification by, and entry into force for, the UK.

COTIF is an intergovernmental Convention concerning international carriage of passengers and goods by rail. The 1999 Protocol includes a new version of the Convention that introduces revised uniform rules regulating the content of international rail contracts and that makes provision for the validation of technical standards applicable to railway material intended to be used in international traffic, and the technical admission of such material.

Any modifications made to COTIF by any decision of the Revision Committee, the RID Expert Committee or the Committee of Technical Experts, shall automatically have the force of law, by virtue of the definition of “the Convention” in regulation 2(2).

For the avoidance of doubt regulation 3(2) provides that any question as to whether COTIF applies to a particular case shall be determined by reference to article 3(2) of COTIF. That article provides that obligations under COTIF shall not prevail over European Community obligations.

These Regulations repeal the provisions of the International Transport Conventions Act 1983 that give the 1980 Convention the force of law in the UK and deal with related matters. Those repealed provisions are largely replicated in these Regulations. For example, regulation 5 specifies the relationship between rights arising under COTIF in respect of the death of a passenger and rights under other legislation; regulation 6 enables a court before which proceedings are brought to enforce a liability which is limited by COTIF to take account of proceedings elsewhere; and regulation 8 makes provision for the reciprocal enforcement of judgments made in another state which is party to COTIF.

The Depositary of COTIF is the Secretary General of the Intergovernmental Organisation for International Carriage by Rail (OTIF) (www.otif.org). At present OTIF has 42 member states in Europe, North Africa and the Near East.

A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Rail Directorate, International Rail Branch, Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR. A copy has been placed in the library of each House of Parliament.