COUNCIL DECISION
of 30 November 2009
on the signing by the European Community of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock, adopted in Luxembourg on 23 February 2007
(2009/940/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 61(c) in conjunction with the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Community is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions.
(2)
The Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock (hereinafter referred to as the ‘Rail Protocol’), adopted in Luxembourg on 23 February 2007, makes a useful contribution to regulation at the international level in its area. It is therefore desirable that the provisions of this instrument which concern matters falling within the exclusive competence of the Community should be applied as soon as possible.
(3)
The Commission negotiated the Rail Protocol on behalf of the Community, for the parts falling within the exclusive competence of the Community.
(4)
Article XXII(1) of the Rail Protocol provides that Regional Economic Integration Organisations which have competence over certain matters governed by that Protocol may sign it.
(5)
The Rail Protocol remains open for signature until its entry into force.
(6)
Some of the matters governed by Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1), Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (2), Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (3), Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (Recast) (4) and Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) (5) are also dealt with in the Rail Protocol.
(7)
The Community has exclusive competence over some of the matters governed by the Rail Protocol, while the Member States have competence over other matters governed by this instrument.
(8)
The Community should therefore sign the Rail Protocol.
(9)
Article XXII(2) of the Rail Protocol provides that, at the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation shall make a declaration specifying the matters governed by that Protocol in respect of which competence has been transferred to that Organisation by its Member States. The Community should therefore make such a declaration at the time of signature of the Rail Protocol.
(10)
The United Kingdom and Ireland are taking part in the adoption and application of this Decision.
(11)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock (the ‘Rail Protocol’), adopted in Luxembourg on 23 February 2007, is hereby approved on behalf of the European Community, subject to its conclusion.
The text of the Rail Protocol is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Rail Protocol on behalf of the Community, subject to the condition set out in Article 3.
Article 3
When signing the Rail Protocol, the Community shall make the declaration set out in the Annex, in accordance with Article XXII (2) thereof.
Done at Brussels, 30 November 2009.