Proposal for a COUNCIL DECISION on the approval, on behalf of the European Union, of the Luxembourg Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Railway Rolling Stock, adopted in Luxembourg on 23 February 2007
Date: 2013-06-11
Institutions: European Commission
Subjects: proposal (EU), protocol to an agreement, rolling stock, transport regulations

EUROPEAN 
COMMISSION 

Brussels, 11.6.2013  
COM(2013) 349 final 

2013/0184 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the approval, on behalf of the European Union, of the Luxembourg Protocol to the 
Convention on International Interests in Mobile Equipment on Matters specific to 
Railway Rolling Stock, adopted in Luxembourg on 23 February 2007 

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EXPLANATORY MEMORANDUM 

1. 

1. 

CONTEXT OF THE PROPOSAL 

Purpose of the present proposal 

The  Commission  is  proposing  that  the  European  Union  approves  the  Protocol  to  the 
Convention  on  International  Interests  in  Mobile  Equipment  on  Matters  Specific  to  Railway 
Rolling  Stock  (hereinafter  "the  Rail  Protocol"  or  "the  Luxembourg  Protocol")  adopted  at  a 
Diplomatic  Conference  held  under  the  joint  auspices  of  the  International  Institute  for  the 
Unification of Private Law (UNIDROIT) and the International Organisation for International 
Carriage by Rail (OTIF) in Luxembourg from 12 to 23 February 2007.  

The  European  Union  decided  the  signing  of  the  Rail  Protocol  by  Council  Decision  of  30 
November 20091 and effectively signed it on 10 December 2009. 

2. 

The Cape Town Convention and the Rail Protocol 

2.1. 

Scope 

The Convention on International Interests in Mobile Equipment (hereinafter "the Cape Town 
Convention" or "the Convention") and the Protocol on Matters Specific to Aircraft Equipment 
(hereinafter "the Aircraft Protocol") were adopted, at a Diplomatic Conference held in Cape 
Town from 29 October to 16 November 2001. 

The European Union approved the accession to the Cape Town Convention and the Aircraft 
Protocol by Council Decision of 6 April 2009 and deposited the instrument of accession on 28 
April 2009.  

The Convention lays down uniform rules for the constitution and effects of an international 
interest  (security  agreement,  title  reservation  agreement  or  leasing  agreement)  in  certain 
categories  of  mobile  equipment  designated  in  the  Protocols  relating  to  the  following 
categories: aircraft, railway rolling stock and space assets.  

The  instrument  consists  of  the  basic  Convention  laying  down  legal  rules  applicable  to  all 
categories of mobile equipment mobiles and a number of specific Protocols containing special 
rules relating to particular types of equipment. 

These Protocols may amend the Convention where the specific features of the relevant sector 
so require. It is accordingly the Protocol and not the Convention that prevails as regards each 
category  of  mobile  equipment.  The  Member  States’  obligations  under  the  Convention  vary 
with  the  Protocol  to  which  they  accede.  The  Convention  can  apply  to  a  category  of  mobile 
equipment only when the relevant Protocol comes into force and only as between the Parties 
to that Protocol. But the Convention and the Protocol must then be read together as a single 
instrument. 

The Convention applies when the debtor is situated in a contracting State (Article 3) since the 
various  protocols  provide  for  specific  connecting  factors  (i.e.  the  State  of  registration).  The 
interest  established  by  the  Convention  (Articles  1  and  2)  concerns  the  asset  registered,  but 
also associated rights and proceeds, and the relevant protocol may provide for the Convention 
to apply to the sale of an asset (Article 41 of the Convention). The Convention strengthens the 
rights  of  the  beneficiaries  of  this  unified  interest  in  rem  in  mobile  equipment  assets  if  the 
debtor should default on his obligations (Articles 8 to 15). The Convention finally establishes 
an  international  system  for  creditors  to  register  interests  in  the  various  categories  of  mobile 

1 

OJ L 331, 16.12.2009, p. 1. 

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equipment  assets  (Articles  16  to  26),  giving  priority  to  the  creditor's  registered  interest 
(Article 29). 

2.2. 

Objectives of the Rail Protocol 

This instrument is intended to facilitate the financing of high-value railway rolling stock by 
creating  a  particularly  strong  international  guarantee  for  creditors  (sellers  on  credit  and 
institutions  supplying  credit  for  such  sales)  which  gives  them  "absolute"  priority  over  these 
assets in an international register. 

The Rail Protocol fixes certain rules concerning the priority and enforceability of registered 
international interests for certain types of creditors financing rolling stock – i.e. the chargor, 
conditional  seller  or  lessor.  Furthermore  the  Protocol  provides  to  creditors  specific  default 
remedies (Article VII) and three alternatives for remedies on insolvency of the debtor (Article 
IX). Under Chapter III an international registry will be accessible through the internet and a 
Supervisory  Authority  is  created.  Finally  Article  XXV  authorises  under  certain  conditions 
Contracting States to make declarations on public service exemptions. 

The Rail Protocol creates an international system of unique and unchangeable registration of 
international  interests.  The  Protocol  is  complementary  to,  and  supportive  of,  the  European 
Vehicle  Identification  Numbering  system  (adopted  under  the  Railway  Interoperability 
Directive).  It  guarantees  that  the  parties  can  register  and  search  against  their  interests  from 
wherever  they  are  within  the  EU,  using  internet  thereby  making  the  register  accessible  24 
hours/day. 

Such  instrument  is  likely  to  be  of  great  benefit  to  the  European  rail  industry,  banks  and 
Governments by encouraging capital investment in the rail sector and boosting the creation of 
a genuine lease market.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES  

The  Commission's  initiative  to  propose  the  approval  of  the  Rail  Protocol,  after  the  EU 
signature  in  2009,  was  preceded  by  consultations  with  the  Rail  Working  Group,  a  cross-
industry  association  dedicated  to  the  implementation  of  the  Rail  Protocol,  whose  Members 
are,  inter  alia,  Bombardier  Transportation,  Deutsche  Bahn,  English  Welsh  and  Scottish 
Railways,  European  Investment  Bank,  Intergovernmental  Organisation  for  International 
Carriage by Rail (OTIF), UIC-International Union of Railways, Union of European Railway 
Industries.  

During the consultations, it was particularly highlighted the close link between the conclusion 
of the Rail Protocol and the adoption of the 4th Railway Package on 30 January 2013. 

The  4th  Railway  Package  is  aimed  at  encouraging  more  innovation  in  EU  railways  by 
opening  EU  domestic  passenger  markets  to  competition,  simplifying  the  procedures  for 
authorisation  of  rolling  stock  and  improving  the  governance  of  infrastructure.  It  comprises 
legislative proposals to amend 3 Directives and 2 Regulations together with a Communication 
and  3  Reports2  and  stresses  the  importance  of  financing  rolling  stock  in  support  of  opening 
financial markets, which is the objective of the Rail Protocol. 

The adoption of the Rail Protocol will support new investment in rolling stock in the EU with 
consequent  benefit  for  operators  and  the  public.  It  underpins  in  that  way  the  EU's  growth 

2 

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Information  on 
http://ec.europa.eu/commission_2010-2014/kallas/headlines/news/2013/01/fourth-railway-
package_en.htm 

the  4h  Railway  Package  can  be 

found  at 

the 

following  address: 

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agenda,  by  encouraging  more  infrastructure  investment  and  supporting  jobs  in  the 
manufacturing sector as well.  

The Rail Protocol is also consistent with the objective of supporting the shift to greener and 
more  sustainable  mode  of  transport  such  as  the  rail  transport,  as  highlighted  in  the  2011 
Transport White Paper.3 

3. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

European Union powers 

The  Cape  Town  Convention  and  its  Protocols  fall  partly  under  exclusive  European  Union 
competence. Accordingly, Member States cannot ratify the Protocols without first having the 
Protocols approved by the EU.  

By  means  of  Council  decisions,  the  EU  has  indeed  acceded  to  the  Aircraft  Protocol  at  the 
same time with the Cape Town Convention on 28.4.20094 and has signed the Rail Protocol on 
10.12.20095. A declaration on the competences of the European Community was made at the 
time of signature of the Rail Protocol, following Article XXII(2) of the Rail Protocol which 
requires  that  at  the  time  of  signature,  acceptance,  approval  or  accession,  the  Regional 
Economic Integration Organisation make a general declaration indicating the matters covered 
by the Rail Protocol which fall in respect of which competences have been transferred to that 
Organisations by its Member States. 

The paragraph 6 of the declaration on Community competence made at the time of signature 
should  be  amended  in  order  to  update  it,  namely  to  take  into  account  Commission  decision 
2012/757/EU  and  correct  the  reference  to  Article  V(2)  of  the  Protocol  which  should  be 
instead Article XIV. Therefore, at the time of the approval, the declaration should be modified 
accordingly. The revised text of the declaration on the European Union competences is set out 
in the Annex.  

The  European  Union  has  exclusive  competence  over  certain  matters  governed  by  the  Rail 
Protocol and affecting Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and 
the Recognition and Enforcement of Judgments in Civil and Commercial Matters6, Regulation 
(EC)  No  1346/2000  of  29  May  2000  on  insolvency  proceedings7  and  Regulation  (EC)  No 
593/2008  of  17  June  2008  on  the  law  applicable  to  contractual  obligations  (Rome  I)8. 
Furthermore,  there  is  European  Union  legislation  in  matters  governed  by  the  Rail  Protocol 
and affecting Directive 2008/57/EC of the European Parliament and of the Council of 17 June 
2008 on interoperability of the Rail system within the Community (Recast)9 and Regulation 
(EC) No 881/2004 of 29 April 2004 establishing a European railway agency10. 

4. 

Declarations  on  matters  falling  under  the  scope  of  European  Union's  exclusive 
competence 

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Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport 
system, COM(2011) 144 final of 28.3.2011. 
2009/370/EC, OJ L 121, 15.5.2009, p. 3-7 
2009/940/EC, OJ L 331, 16.12.2009, p. 1–16. 
OJ L 12, 16.1.2001, p. 1. 
OJ L 160, 30.6.2000, p. 1. 
OJ L 177, 4.7.2008, p. 6. 
OJ L 191, 18.07.2008, p. 1. 
OJ L 220, 21.6.2004, p. 3. 

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Several  rules  of  the  Rail  Protocol  require  or  enable  the  contracting  parties  to  make 
declarations  as  to  the  applicability  or  scope  of  its  provisions  or  the  way  they  will  be 
implemented. 

The European Union has the power to make declarations relating to the Articles VI, VIII, IX, 
and X of the Rail Protocol, whose subject matter fall under its exclusive competence. 

Article  VI  of  the  Rail  Protocol  (choice  of  law)  provides  that  the  parties  to  an  agreement  or 
related guarantee contract can choose the applicable law. Hence, it regulates a matter covered 
by  Regulation  (EC)  No  593/2008  of  17  June  2008  on  the  law  applicable  to  contractual 
obligations (Rome I). 

This extensive choice of law is not compatible with the system established by Regulation No 
593/2008.  
Similarly  to  the  solution  chosen  in  Council  Decision  2009/370/EC  of  6  April  2009  on  the 
accession of the European Community to the Convention on International Interests in Mobile 
Equipment and its Aircraft Protocol, the Member States of the European Union will continue 
to apply the provisions of Regulation No 593/2008. 
As  Article  VI  applies  only  if  a  declaration  pursuant  Article  XXVII  of  the  Rail  Protocol  is 
made,  at  the  time  of  approval  of  the  Rail  Protocol  the  European  Union  should  not  make  a 
declaration concerning the application of Article VI. 

Article  55  of  the  Cape  Town  Convention,  "Modification  of  provisions  regarding  relief 
pending final determination", foresees the possibility not to apply the provisions of Articles 
13 or Article 43 or both, wholly or in part. Upon its accession to the Cape Town Convention, 
the  European  Union  declared  that  Articles  13  and  43  will  apply  only  in  accordance  with 
Article 31 of the Brussels I Regulation11. It must be stressed that that declaration is entirely 
applicable to the versions of Articles 13 and 43 of the Cape Town Convention as amended by 
the  Rail  Protocol  in  its  Article  VIII.  As  stated  in  Article  XXIX  of  the  Rail  Protocol 
"Declarations  under  the  Convention",  declarations  made  under  the  Cape  Town  Convention, 
including  that  made  under  Article  55,  shall  be  deemed  to  be  made  under  the  Rail  Protocol 
unless stated otherwise.  

Under  Article  VIII(1),  Article  VIII  of  the  Protocol,  which  covers  interim  relief,  applies  in 
whole or in part only if a Contracting State has made a positive declaration to that effect and 
to the extent stated in such declaration. Where a Contracting State makes such a declaration 
with regard to Article VIII(2), it must specify the required time-period for obtaining the forms 
of  interim  relief  set  out  in  Article  13(1)  of  the  Convention.  It  is  proposed  that,  similarly  to 
what has been decided in the context of the accession to the Aircraft Protocol, the European 
Union  should  not  make  the  declaration  referred  to  in  Article  VIII  pursuant  to  Article 
XXVII(2). 

Article  IX  (Remedies  on  insolvency)  and  Article  X  (Insolvency  assistance)  are  virtually 
identical to the correspondent provisions of the Aircraft Protocol where the Council decided 
not to opt-in. Indeed,  the  above-mentioned  provisions apply only  where a Contracting State 
that is the primary insolvency jurisdiction makes a positive declaration to this effect pursuant 
to Article XXVII. 

The  Commission  considers  that,  where  the  primary  insolvency  jurisdiction  is  in  an  EU 
Member State, Regulation No 1346/2000 of 29 May 2000 on insolvency proceedings should 
in any case be applicable instead of the Rail Protocol, similarly to what has been decided in 
relation to the Cape Town Convention and its Aircraft Protocol. To achieve this objective and 

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OJ L 121, 15.5.2009, p. 7. 

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preserve certainty in the law, it recommends that the European Union should not opt for full 
or partial application of either of the alternatives set out in Article IX of the Protocol.  

It follows that it is proposed that the European Union should not make the declaration referred 
to in Article IX of the Protocol pursuant to Article XXVII(3), or the declaration on insolvency 
assistance  referred  to  in  Article X,  which  is  linked  to  that  in  Article  IX,  pursuant  to 
Article XXVII(1). 

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2013/0184 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the approval, on behalf of the European Union, of the Luxembourg Protocol to the 
Convention on International Interests in Mobile Equipment on Matters specific to 
Railway Rolling Stock, adopted in Luxembourg on 23 February 2007 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 

Article 81(2), in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament1,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The European Union is working towards the establishment of a common judicial area 
based on the principle of mutual recognition of judicial decisions. 

The  Protocol  to  the  Convention  on  International  Interests  in  Mobile  Equipment 
(hereinafter referred to as the "Cape Town Convention") 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  the  regulation  at  international 
level.  It  is  therefore  desirable  that  the  provisions  of  this  instrument  which  concern 
matters  falling  within  the  exclusive  competence  of  the  European  Union  should  be 
applied as soon as possible.  

The Commission negotiated the Rail Protocol on behalf of the European Community, 
for the parts falling within the exclusive competence of the European Community. 

Article  XXII(1)  of  the  Rail  Protocol  provides  that  Regional  Economic  Integration 
Organisations,  which  have  competence  over  certain  matters  governed  by  the  Rail 
Protocol, may sign, accept, approve or accede to the said Protocol. 

Some of the matters governed by Regulation (EC) No 44/2001 of 22 December 2000 
on  jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and 
commercial matters 2, Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency 
proceedings 3, Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to 
contractual  obligations  (Rome  I)4,  Directive  2008/57/EC  of  the  European  Parliament 
and of the Council of 17 June 2008 on interoperability of the Rail system within the 

1 
2 
3 
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OJ C , , p. . 
OJ L 12, 16.1.2001, p. 1.  
OJ L 160, 30.6.2000, p. 1.  
OJ L 177, 4.7.2008, p. 6. 

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(6) 

(7) 

(8) 

(9) 

Community (Recast)5 and Regulation (EC) No 881/2004 of 29 April 2004 establishing 
a European railway agency6 are also dealt with in the Rail Protocol. 

The  European Community signed the Rail  Protocol  on 10.12.2009, after the Council 
authorised the signature by means of Decision 2009/940/EC of 30 November 20097. 

The European Union 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.  

The  European  Union  should  therefore  approve  the  Rail  Protocol.  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 the said Protocol in respect of which competence 
has been transferred to that organisation by its Member States. 

The declaration on the competence of the European Community was made at the time 
of the signature of the instrument. It is advisable to renew this declaration at the time 
of  the  approval  of  the  Rail  Protocol  in  order  to  take  into  account  legislative 
developments and correct a factual mistake in the previous declaration. 

(10)  Articles VII, VIII, IX and X of the Rail Protocol apply only where a Contracting State 
has  made  a  declaration  to  that  effect  pursuant  to  Article  XXVII  of  the  said  Protocol 
and under the conditions specified by that declaration. At the time of approval of the 
Rail  Protocol,  the  European  Union  will  not  make  a  declaration  pursuant  to  Article 
XXVII(2)  concerning  the  application  of  Article  VIII  nor  will  it  make  any  of  the 
declarations  permitted  under  Article  XXVII(1)  and  (3).  The  competence  of  the 
Member States concerning the rules of substantive law as regards insolvency will not 
be affected.  

(11)  The  United  Kingdom  and  Ireland  are  bound  by  Regulation  (EC)  No  44/2001  of  22 
December 2000 on jurisdiction and the recognition and enforcement of judgments in 
civil  and  commercial  matters,  Regulation  (EC)  No  1346/2000  of  29  May  2000  on 
insolvency  proceedings,  Regulation  (EC)  No  593/2008  of  17  June  2008  on  the  law 
applicable  to  contractual  obligations  (Rome  I)  and  are  therefore  taking  part  in  the 
adoption of this Decision. 

(12) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty on the Functioning of the 
European Union, Denmark is not taking part in the adoption of this Decision and is not 
bound by it or subject to its application.  

HAS ADOPTED THIS DECISION: 

Article 1 

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,  is  hereby 
approved on behalf of the European Union. 

The text of the Protocol is attached to this Decision.  

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7 

OJ L 191, 18.07.2008, p. 1. 
OJ L 220, 21.6.2004, p. 3. 
OJ L 331, 16.12.2009, p. 1–16. 

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Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the  European  Union,  to  the  deposit  of  the  instrument  of  approval  provided  for  in  Article 
XXVII of the Protocol, in order to express the consent of the European Union to be bound by 
the Protocol.  

At the time of approval of the Protocol, the European Union shall make the declaration set out 
in the Annex, in accordance with Article XXII (2) of the Protocol. 

Article 3 

This Decision shall enter into force on […]8. 

Done at Brussels,  

Article 4 

For the Council 
The President

8 

The date of entry into force of the Agreement will be published in the Official Journal of the European 
Union by the General Secretariat of the Council. 

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ANNEX 

Declaration  pursuant  to  Article  XXII(2)  concerning  the  competence  of  the  European 
Union  over  matters  governed  by  the  Protocol  to  the  Convention  on  International 
Interests  in  Mobile  Equipment  on  matters  specific  to  railway  rolling  stock  ("Rail 
Protocol"),  adopted  in  Luxembourg  on  23  February  2007,  in  respect  of  which  the 
Member States have transferred their competence to the European Union 

1. 
Article  XXII  of  the  Rail  Protocol  provides  that  Regional  Economic  Integration 
Organisations  which  are  constituted  by  sovereign  States  and  which  have  competence  over 
certain  matters  governed  by  the  Protocol  may  approve  it  on  condition  that  they  make  the 
declaration  referred  to  in  Article  XXII(2).  The  European  Union  has  decided  to  approve  the 
Rail Protocol and is accordingly making that declaration. 

2. 
The  current  Members  of  the  European  Union  are  the  Kingdom  of  Belgium,  the 
Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of 
Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the 
French  Republic,  the  Italian  Republic,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the 
Republic  of  Lithuania,  the  Grand-Duchy  of  Luxembourg,  the  Republic  of  Hungary,  the 
Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of 
Poland,  the  Portuguese  Republic,  Romania,  the  Republic  of  Slovenia,  the  Slovak  Republic, 
the  Republic  of  Finland,  the  Kingdom  of  Sweden  and  the  United Kingdom  of  Great Britain 
and Northern Ireland. 

3. 
However, this declaration does not apply to the Kingdom of Denmark, in accordance 
with  Articles  1  and  2  of  Protocol  22  on  the  position  of  Denmark,  annexed  to  the  Treaty  on 
European Union and to the Treaty on the Functioning of the European Union to the Treaties. 

4. 
This declaration is not applicable in the case of the territories of the Member States in 
which  the  Treaty  on  the  Functioning  of  the  European  Union  does  not  apply  and  is  without 
prejudice to such acts or positions as may be adopted under the Rail Protocol by the Member 
States concerned on behalf of and in the interests of those territories. 

The  Member  States  of  the  European  Union  have  transferred  competence  to  the 
5. 
Community  as  regards  matters  which  may  affect  or  alter  the  rules  in  Regulation  (EC)  No 
44/2001  of  22  December  2000  on  jurisdiction  and  the  recognition  and  enforcement  of 
judgments in civil and commercial matters20, Regulation (EC) No 1346/2000 of 29 May 2000 
on  insolvency  proceedings 21,  Regulation  (EC)  No  593/2008  of  17  June  2008  on  the  law 
applicable  to  contractual  obligations  (Rome  I)22,  Directive  2008/57/EC  of  the  European 
Parliament and of the Council of 17 June 2008 on interoperability of the Rail system within 
the Community (Recast)23 and Regulation (EC) No 881/2004 of 29 April 2004 establishing a 
European railway agency24. 

6.  As  far  as  the  numbering  system  of  vehicles is concerned, the EU has adopted by way of 
Decision  2006/920/EC  (Commission  Decision  of  11  August  2006  concerning  the  technical 
specification of interoperability relating to the subsystem Traffic Operation and Management 
of  the  trans-European  conventional  rail  system),  recently  updated  through  Commission 
decision  2012/757/EU  a  numbering  system  which  may  be  appropriate  for  the  purpose  of 
identification of railway rolling stock as referred to in Article XIV of the Rail Protocol. 

20 
21 
22 
23 
24 

OJ L 12, 16.1.2001, p. 1.  
OJ L 160, 30.6.2000, p. 1.  
OJ L 177, 4.7.2008, p. 6. 
OJ L 191, 18.07.2008, p. 1. 
OJ L 220, 21.6.2004, p. 3. 

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Furthermore, as far as data exchange between Member States of the European Union and the 
International  Registry  is  concerned,  the  EU  has  made  considerable  progress  by  way  of 
Decision  2007/756/EC  (Commission  Decision  of  9  November  2007  adopting  a  common 
specification  of  the  national  vehicle  register  provided  for  under  Articles  14(4)  and  (5)  of 
Directives  96/48/EC  and  2001/16/EC),  recently  updated  through  Commission  Decision 
2012/757/EU.  Member  States  of  the  European  Union  have  implemented  National  Vehicle 
Registers and duplication of data with the International Registry should be avoided. 

7. 
The  European  Union  does  not  make  a  declaration  pursuant  to  Article  XXVII(2) 
concerning the application of Article VIII nor any of the declarations permitted under Article 
XXVII(1)  and  (3).  The  Member  States  keep  their  competence  concerning  the  rules  of 
substantive law as regards insolvency.  

The  exercise  of  competence  which  the  Member  States  have  transferred  to  the 
8. 
European  Union  pursuant  to  the  Treaty  on  European  Union  and  to  the  Treaty  on  the 
Functioning of the European Union is, by its nature, liable to continuous development. In the 
framework of the Treaties, the competent institutions may take decisions which determine the 
extent  of  the  competence  of  the  European  Union.  The  latter  therefore  reserves  the  right  to 
amend  the  present  declaration  accordingly,  without  this  constituting  a  prerequisite  for  the 
exercise of its competence with regard to matters governed by the Rail Protocol. 

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