# Council Decision of 6 May 2014 establishing the position to be adopted by the Union at the 53rd session of the OTIF Committee            of Experts on the Transport of Dangerous Goods as regards certain amendments to Appendix C to the Convention concerning International            Carriage by Rail (COTIF) applicable from 1 January 2015 (2014/327/EU)         

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U.K.

# Council Decision

# of 6 May 2014

# establishing the position to be adopted by the Union at the 53rd session of the OTIF Committee of Experts on the Transport                        of Dangerous Goods as regards certain amendments to Appendix C to the Convention concerning International Carriage by Rail                        (COTIF) applicable from 1 January 2015                     

# (2014/327/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 in conjunction with Article                           218(9) thereof,                        

Having regard to the proposal from the European Commission,

Whereas:

(1)The Union acceded to the Convention concerning International Carriage by Rail of 9 May 1980 as amended by the Vilnius Protocol                              of 3 June 1999 (hereinafter referred to as the ‘COTIF Convention’), by virtue of Council Decision 2013/103/EU(1).

(2)All Member States, with the exception of Cyprus and Malta, applythe COTIF Convention.

(3)Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous                              goods(2) lays down requirements for the transport of dangerous goods by road, by rail or by inland waterway within or between Member                              States, by referring to the Regulations concerning the International Carriage of Dangerous Goods by Rail, appearing as Appendix                              C to the COTIF Convention (RID Annex). In addition, Article 4 of this Directive provides that ‘The transport of dangerous                              goods between Member States and third countries shall be authorised in so far as it complies with the requirements of the                              ADR, RID or ADN, unless otherwise indicated in the Annexes.’ Thus, the Union has exercised its competence in this subject-matter.

(4)The Committee of Experts on the Transport of Dangerous Goods set up in accordance with Article 13.1(d) of the COTIF Convention,                              at its 53rd session due to take place on 22 May 2014, is expected to decide upon certain amendments to the RID Annex. These                              amendments, which concern technical standards or uniform technical prescriptions, have the objective to ensure safe and efficient                              transport of dangerous goods whilst taking into account scientific and technical progress in the sector and the development                              of new substances and articles that pose danger during their transport.

(5)The committee on the transport of dangerous goods established by Article 9 of Directive 2008/68/EC has carried out preliminary                              discussions on these amendments.

(6)Most of the proposed amendments are justified and beneficial, and should therefore be supported by the Union. Two proposed                              amendments need to be further assessed in the light of technical and scientific progress. In particular, the European Railway                              Agency, in cooperation with the relevant bodies, should continue to work on the identification of a sustainable solution to                              detect derailments and mitigate their effects, including the future implementation of this solution. Therefore, should the                              latter amendments be approved at this point, the Union should formulate an objection following the procedure established in                              Article 35§4 of Title VII of the COTIF Convention,

HAS ADOPTED THIS DECISION:

## Article 1U.K.Position of the European Union

1.The position to be taken by the European Union at the 53rd session of the Committee of experts on the transport of dangerous                        goods in the framework of the Convention concerning international carriage by rail shall be in accordance with the Annex to                        this Decision.                  

2.Minor changes to the documents mentioned in the Annex to this Decision may be agreed by the representatives of the Union in                        the above-mentioned body without further decision of the Council.                  

# Article 2U.K.

After its adoption the Decision of the abovementioned body shall be published in the *Official Journal of the European Union*.                  

## Article 3U.K.Entry into force

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 6 May 2014.

*For the Council*                            

*The President*                            

G. Stournaras                            

## ANNEXU.K.

1

Council Decision 2013/103/EU of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and                              the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention                              concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (OJ L 51, 23.2.2013, p. 1).                           

2

OJ L 260, 30.9.2008, p. 13.