EN Official Journal of the European Union L 252/43

COUNCIL DECISION (EU) 2015/1734

of 18 September 2015

establishing the position to be adopted on behalf of the European Union at the 12th General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices

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 (‘COTIF Convention’), by virtue of Council Decision 2013/103/EU (1).

(2) All Member States, with the exception of Cyprus and Malta are contracting parties to and apply the COTIF Convention.

(3) The General Assembly set up in accordance with point (a) of Article 13§ 1of the COTIF Convention (‘General Assembly’), at its 12th session due to take place from 29 to 30 September 2015, is expected to decide upon certain amendments to the COTIF Convention as well as to its Appendices D (Uniform Rules concerning Contracts of Use of Vehicles in International Rail Traffic — CUV), 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 position of the Union on certain items should be adopted under Article 218(9) of the Treaty, since the decisions on those amendments to be taken by the General Assembly are acts having legal effects and their subject matter falls under Union competence.

(5) The amendments to the COTIF Convention have the objectives of updating the tasks of the Committee of Technical Experts and a reference to the definition of ‘keeper’ in line with Union law, and of modifying certain rules concerning the financing, auditing, and reporting of the Intergovernmental Organisation for International Carriage by Rail (OTIF), as well as certain minor administrative changes.

(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.

(7) The amendments to Appendices F (APTU) and G (ATMF) aim at clarifying their scope by the deletion of the reference to ‘other railway material’.

(8) The amendments to Appendices D (CUV), F (APTU) and G (ATMF) to the COTIF Convention, as well as certain amendments to the COTIF Convention itself fall under Union competence and are in line with the law and with the strategic objectives of the Union, and should therefore be supported by the Union.

(9) The position of the Union at the 12th General Assembly should therefore be based on the Annex to this Decision,

HAS ADOPTED THIS DECISION:

Article 1

1. The position to be adopted on behalf of the European Union at the 12th General Assembly in the framework of the COTIF Convention 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 upon by the representatives of the Union in the General Assembly without further decision of the Council.

Article 2

The Decisions of the 12th General Assembly, once adopted, shall be published in the Official Journal of the European Union, indicating their entry into force.

Article 3

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

Done at Brussels, 18 September 2015. For the Council The President C. DIESCHBOURG

(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).