COUNCIL DECISION
of 24 June 2014
establishing the position to be adopted on behalf of the European Union at the 25th session of the OTIF Revision Committee as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to the Appendices thereto
(2014/699/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 has acceded to the Convention concerning International Carriage by Rail of 9 May 1980 as amended by the Vilnius Protocol of 3 June 1999 (the ‘COTIF Convention’) in accordance with Council Decision 2013/103/EU (1).
(2)
All Member States, with the exception of Cyprus and Malta, apply the COTIF Convention.
(3)
The Revision Committee set up in accordance with point (c) of Article 13(1) of the COTIF Convention, at its 25th session due to take place from 25 to 27 June 2014, is expected to decide upon certain amendments to the COTIF Convention as well as to certain Appendices thereto, namely Appendices B (Uniform Rules concerning the Contract of International Carriage of Goods by Rail - CIM), D (Uniform Rules concerning Contracts of Use of Vehicles in International Rail Traffic - CUV), E (Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic - CUI), F (Uniform Rules concerning the Validation of Technical Standards and the Adoption of Uniform Technical Prescriptions applicable to Railway Material intended to be used in International Traffic - APTU) and G (Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic - ATMF).
(4)
The amendments to the COTIF Convention have the objective of updating the tasks of the Committee of Technical Experts and the definition of ‘keeper’ in line with Union law; and of modifying certain rules concerning the financing of the Intergovernmental Organisation for International Carriage by Rail (OTIF), its auditing and reporting as well as minor administrative changes.
(5)
The amendments to Appendix B (CIM) aim to give preference to the electronic form of the consignment note and its accompanying documents and to clarify certain provisions of the contract of carriage.
(6)
The amendments to Appendix D (CUV) presented by the Secretary-General of OTIF have the objective of clarifying the roles of the keeper and the entity in charge of maintenance in the contracts of use of vehicles in international rail traffic. France has presented a separate proposal concerning the liability for damage caused by a vehicle. Germany has also presented a separate proposal concerning the scope of the CUV Uniform rules.
(7)
The amendments to Appendix G (ATMF) aim to update the provisions concerning the technical admission of railway material used in international traffic, clarify the functions of and relations between the contracting State as defined in that Appendix, the competent authority and the assessing entity as well as harmonise terms in line with Union law.
(8)
The amendments to Appendix F (APTU) aim to maintain consistency with the revised Appendix G (ATMF).
(9)
The amendments to Appendix E (CUI) suggested by the Internation Rail Transport Committee (CIT) aim to extend the scope of the uniform rules concerning the contract of use of infrastructure to domestic rail transport, to create a legal basis for general terms and conditions of use of railway infrastructure and to extend the liability of the infrastructure manager for damage or losses caused by the infrastructure.
(10)
The Secretary-General of OTIF has also proposed editorial changes to replace the term ‘European Communities’ by ‘European Union’ throughout the COTIF Convention and the Appendices thereto.
(11)
Most of the proposed amendments are in line with the law and the strategic objectives of the Union, and should therefore be supported by the Union. Certain amendments have no impact on EU law and do not need a position to be agreed at Union level. Finally, some amendments need more discussion within the Union and should be rejected at this meeting of the Revision Committee; should the latter amendments be approved without modification that is acceptable for the Union, the Union should formulate an objection following the procedure established in Article 35(4) of the COTIF Convention,
HAS ADOPTED THIS DECISION:
Article 1
1. The position to be taken on the Union's behalf at the 25th session of the Revision Committee set up by 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 Revision Committee without further Decision of the Council.
Article 2
After its adoption, the Decision of the Revision Committee shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 24 June 2014.