Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the 16th meeting of the Committee of Technical Experts of the Intergovernmental Organisation for International Carriage by Rail (OTIF) with regards to the revision of the Uniform Technical Prescription applicable to the subsystem “rolling stock – freight wagons” (UTP WAG), to the subsystem “rolling stock – noise” (UTP Noise), to train composition and route compatibility checks (UTP TCRC), and to the subsystem Telematics applications for freight services (UTP TAF)
Date: 2024-05-15
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: carriage of goods, international convention, international organisation, international transport, noise, systems interconnection, technical rule, technical specification, telematics, vehicle on rails

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   EUROPEAN COMMISSION  Brussels, 15.5.2024  COM(2024) 210 final 2024/0115 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the 16th meeting of the Committee of Technical Experts of the Intergovernmental Organisation for International Carriage by Rail (OTIF) with regards to the revision of the Uniform Technical Prescription applicable to the subsystem “rolling stock – freight wagons” (UTP WAG), to the subsystem “rolling stock – noise” (UTP Noise), to train composition and route compatibility checks (UTP TCRC), and to the subsystem Telematics applications for freight services (UTP TAF)  
 
EXPLANATORY MEMORANDUM 

SUBJECT MATTER OF THE PROPOSAL 

1. 
The  16th  session  of  the  Committee  of  Technical  Experts  (CTE)  of  the  Intergovernmental 
Organisation for International Carriage by Rail (OTIF) will take place in Bern on 11 and 12 
June 2024. The agenda of the meeting includes proposals for adoption: 

– 

– 

– 

– 

Revision of the Uniform Technical Prescription applicable to the subsystem “rolling 
stock – freight wagons” (UTP WAG);  

Revision of the Uniform Technical Prescription applicable to the subsystem “rolling 
stock – noise” (UTP Noise);  

Revision of the Uniform Technical Prescription applicable to train composition and 
route compatibility checks (UTP TCRC);  

Modification of Appendix  I (references to the technical documents)  to the Uniform 
Technical  Prescription  applicable  to  the  subsystem  Telematics  applications  for 
freight services (UTP TAF) 

The agenda of the meeting and documents related to the proposals for adoption are available 
on the OTIF website https://otif.org/en/?page_id=590. 

OTIF develops  uniform  legal  regimes for international  rail transport in  three major areas of 
activity: technical interoperability, dangerous goods and railway contract law.  

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Convention concerning International Carriage by Rail (COTIF) 

The Convention concerning International Carriage by Rail of 9 May 1980, as amended by the 
Vilnius  Protocol  of  3  June  1999  (‘COTIF’),  is  an  international  agreement  where  both  the 
Union and 25 Member States1 are Contracting Parties.  

On 16 June 2011, the Council adopted a Council Decision 2013/103/EU on the signing and 
conclusion of the Agreement between the European Union and the OTIF 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  (“EU-COTIF  Accession 
Agreement”)2. 

The Agreement entered into force on 1st July 2011. 

According to Article 2(1) of the COTIF, OTIF aims at promoting, improving and facilitating, 
in  all  respects,  international  traffic  by  rail,  in  particular  by  establishing  systems  of  uniform 
law in various fields of law relating to international traffic by rail. The COTIF also governs 
the  running  of  the  Organisation,  its  objectives,  attributions,  relations  with  the  Contracting 
States and its activities in general.  

1  Only Cyprus and Malta are not Contracting Parties. 
2  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 
(OJ  L  51,  23.2.2013,  p.  1,  ELI: 
http://data.europa.eu/eli/dec/2013/103(1)/oj). 

the  Vilnius  Protocol  of  3  June  1999 

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COTIF therefore deals  with  rail legislation on a number of different  legal  and technical  rail 
matters that are divided  into two parts:  the Convention itself, which governs the running of 
OTIF, and the eight Appendices that establish uniform railway law: 

– 

– 

– 

– 

– 

– 

– 

– 

Appendix A – Contract of International Carriage of Passengers by Rail (CIV) 

Appendix B – Contract of International Carriage of Goods by Rail (CIM) 

Appendix C – International Carriage of Dangerous Goods by Rail (RID) 

Appendix D – Contract of use of vehicles in international rail traffic (CUV) 

Appendix E – Contract of use of infrastructure in international rail traffic (CUI) 

Appendix 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 UR) 

Appendix  G  –  Uniform  Rules  concerning  the  Technical  Admission  of  Railway 
Material used in International Traffic (ATMF UR) 

Appendix H – Uniform Rules concerning the safe operation of trains in international 
traffic (EST UR) 

Based on Appendix F and G to COTIF, there are 18 Uniform Technical Prescriptions (UTPs) 
for technical interoperability. The UTPs in the framework of COTIF have the same purpose as 
the  EU  technical  specifications  for  interoperability  (TSIs)  for  admission  to  international 
traffic, as defined in Chapter II of Directive (EU) 2016/7973. 

42 out of the 47 States that are Party to the COTIF, including the already mentioned 25 EU 
Member States, apply Appendix F and G. 

Based  on  Appendix  H  to  COTIF,  there  are  4  Annexes  for  common  safety  methods.  The 
Annexes to EST UR in the framework of COTIF have the same purpose as the EU common 
safety  methods  (CSMs)  for  admission  to  international  traffic,  as  defined  in  Chapter  II  of 
Directive (EU) 2016/7984. 

Entry into force of the Appendix H is still pending approval by two-thirds of the states that are 
party to OTIF. 

2.2. 

The OTIF Committee of Technical Experts (CTE) 

The CTE is set up by Article 13(1)(f) of the COTIF. It is made up of the OTIF Member States 
that apply Appendices F and G (APTU, ATMF) to COTIF.  

The  CTE  has  competence  in  matters  of  interoperability  and  technical  harmonisation  in  the 
railway  field  and  technical  approval  procedures.  It  develops  the  APTU  and  ATMF 
Appendices  and  its  Uniform  Rules,  which  apply  to  railway  material  intended  for  use  in 
international traffic, which concern in particular: 

– 

– 

the  adoption  of  technical  prescriptions  for  vehicles  and  infrastructure  and  the 
validation of standards; 

procedures concerning the assessment of conformity of vehicles; 

3  Directive  (EU)  2016/797  of  the  European  Parliament  and  of  the  Council  of  11  May  2016  on  the 
interoperability  of  the  rail  system  within  the  European  Union  (recast)  (OJ  L  138,  26.5.2016,  p.  44,  ELI: 
http://data.europa.eu/eli/dir/2016/797/oj) 

4  Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety 

(recast) (OJ L 138, 26.5.2016, p. 102, ELI: http://data.europa.eu/eli/dir/2016/798/oj) 

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– 

– 

– 

– 

provisions concerning the maintenance of vehicles; 

responsibilities for train composition and the safe use of vehicles; 

provisions concerning risk evaluation and assessment; 

specifications for registers. 

The  CTE  currently  has  a  standing  working  group  (WG  TECH)  which  is  responsible  for 
preparing the former’s decisions. 

Pursuant to Article 20(1)(b) of the COTIF, and in accordance with Article 6 of Appendix F 
(APTU), the CTE is competent to adopt or to amend the UTPs.  

2.3. 

The adoption of acts by the CTE 

According to Article 6 of APTU, the CTE shall decide whether to adopt a UTP or a provision 
amending it in accordance with the procedure laid down in Articles 16, 20 and 33 § 6 of the 
COTIF.  These  decisions  enter  into  force  in  accordance  with  Article  35  §§  3  and  4  of  the 
Convention. 

2.4. 

The envisaged acts  to be adopted  by the  CTE  during the session on  11  and 12 
June 2024 

2.4.1.  Revision  of  the  UTP  concerning  the  subsystem  “Rolling  stock  –  Freight  Wagons” 

(UTP WAG) 

UTP WAG lays down functional and technical requirements for admitting freight wagons to 
international  traffic  within  the  territories  of  all  COTIF  Contracting  States,  in  line  with  the 
ATMF  UR.  It  covers  technical  design  and  production  requirements  and  verification 
procedures. 

The aim of this proposal to revise the UTP WAG is to keep it aligned with legal developments 
in  the  European  Union  and  to  update  specific  cases  and  particular  implementing  rules. 
Furthermore, the proposal includes clarification concerning the application of the UTP WAG 
to vehicles suitable for free circulation and for use in general operation. 

The proposed modifications include: 

– 

– 

– 

– 

– 

– 

– 

Editorial  modifications  to  align  editorial  practices  and  use  of  terminology  with  the 
latest practice; 

An update of the references to EU legislation; 

The  addition  of  references  to  the  UTP  TCRC  on  train  composition  and  route 
compatibility checks;  

New provisions relating to the facilitation of combined transport;  

New provisions relating to derailment detection and prevention functions;  

Additional  provisions  relating  to  the  mutual  recognition  of  the  first  admission, 
applicable to wagons that have electrical or electronic equipment on board;   

Update  of  the  implementation  rules,  in  particular  by  removing  validity  deadlines 
(phases  A  and  B)  for  vehicles  and  types  of  vehicles  that  comply  with  previous 
versions of the UTP;  

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– 

Addition  of  specific  cases  and  particular  implementing  rules  for  Norway  and  the 
United Kingdom. 

2.4.2.  Revision of the UTP concerning the subsystem “Rolling stock – Noise” (UTP Noise) 

UTP  Noise  lays  down  the  optimal  level  of  harmonised  specifications  on  the  rolling  stock 
subsystem intended to limit the noise emission of vehicles used in international traffic in the 
scope of the ATMF UR. 

The aim of this proposal to revise the UTP Noise is to keep it aligned with legal developments 
in the European Union and to update the specific cases and particular implementing rules. 

The proposed modifications include: 

– 

– 

– 

– 

– 

– 

The  addition  of  a  method  to  assess  the  conformity  of  friction  elements  for  wheel 
tread brakes (i.e. brake blocks) as interoperability constituents; 

Alignment with the latest editorial practices for UTPs; 

Updates of the references to EU legislation; 

The  addition  of  references  to  the  UTP  TCRC  on  train  composition  and  route 
compatibility checks; 

Update  of  the  implementation  rules,  in  particular  by  removing  validity  deadlines 
(phases  A  and  B)  for  vehicles  and  types  of  vehicles  that  comply  with  previous 
versions of the UTP; 

Addition of specific cases and particular implementing rules for Norway and for the 
Channel Tunnel. 

2.4.3.  Revision  of  the  UTP  concerning  train  composition  and  route  compatibility  checks 

(UTP TCRC) 

UTP TCRC lays down provisions concerning the responsibilities of railway undertakings and 
infrastructure  managers  for  the  purpose  of  the  composition  of  trains  for use  in  international 
traffic and for the purpose of checking compatibility between trains and the routes on which 
they are intended to be used. 

The  aim  of  this  proposal  to  revise  the  UTP  TCRC  is  to  keep  it  aligned  with  legal 
developments in the European Union. 

The proposed modifications include: 

– 

– 

– 

– 

Added definitions and requirements related to combined transport; 

Updated requirements related to checks for compatibility between vehicles and train 
detection systems; 

Editorial improvements; 

 Updated references to EU rules. 

2.4.4.  Modification of the UTP Telematics applications for freight services (UTP TAF) 

UTP  TAF  lays  down  requirements  about  the  communication  process  between  railway 
undertakings  and  infrastructure  managers,  databases  intended  to  be  used  to  track  trains  and 
wagon movements and information to be delivered to freight customers. 

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The aim of this proposal is to align the references to the ERA’s Technical Documents of TAF 
TSI listed in Appendix I of UTP TAF. 

Modifications  to  the  technical  documents  referred  to  in  Appendix  I  of  the  UTP  TAF  are 
necessary  in  order  to  correct  errors,  take  feedback  into  account,  keep  up  with  technical 
progress and maintain equivalence with the specifications applied in the EU: 

– 

– 

– 

Correction  of  errors  detected  in  technical  document  ERA-TD-105:  TAF  TSI  — 
Annex D.2: Appendix F — TAF TSI Data and Message Model.  

Addition  of  new  elements  or  modification  of  optional  elements  in  technical 
document ERA-TD105: TAF TSI — Annex D.2: Appendix F — TAF TSI Data and 
Message Model.  

Introduction  of  changed  code  lists  and  documentation  in  technical  document  ERA-
TD-105: TAF TSI — Annex D.2: Appendix F — TAF TSI Data and Message Model 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3.1. 

Union competence and voting rights  

to  Article  6  of 

the 
Pursuant 
Intergovernmental  Organisation  for  International  Carriage  by  Rail  on  the  Accession  of  the 
European Union to the COTIF approved by Council Decision of 16 June 2011: 

the  European  Union  and 

the  Agreement  between 

"1.  For  decisions  in  matters  where  the  Union  has  exclusive  competence,  the  Union  shall 
exercise the voting rights of its Member States under the Convention.  

2. For decisions in matters where the Union shares competence with its Member States, either 
the Union or its Member States shall vote.  

3.  Subject  to  Article  26,  paragraph  7,  of  the  Convention,  the  Union  shall  have  a  number  of 
votes  equal  to  that  of  its  Member  States  who  are  also  Parties  to  the  Convention.  When  the 
Union votes, its Member States shall not vote." 

Pursuant  to  Article  3(2)  TFEU,,  the  Union  has  exclusive  competence  in  relation  to 
international  commitments  to  be  undertaken  in  the  context  of    COTIF,  including    legal 
instruments  adopted  pursuant  to  it,  when  such  commitments  risk    affecting  existing  Union 
rules or altering their scope.  

The objective of the proposed decisions is to: 

– 

– 

align the UTP WAG, UTP Noise, and UTP TCRC with Commission Implementing 
Regulation (EU) 2023/16945, 

align  the  references  to  the  ERA’s  Technical  Documents  of  TAF  TSI  listed  in 
Appendix I of UTP TAF. 

These decisions fall in the area of rail transport. The area of rail transport is largely covered 
by  Union  rules  which  therefore  risk  to  be  affected  or  altered  by  the  adoption  of  these 
decisions.  The  Union,  represented  by  the  Commission,  shall  therefore  exercise  the  voting 
rights with respect to the adoption of these decisions.  

5  Commission Implementing Regulation (EU) 2023/1694 of 10 August 2023 amending Regulations (EU) No 
321/2013,  (EU)  No  1299/2014,  (EU)  No  1300/2014,  (EU)  No  1301/2014,  (EU)  No  1302/2014,  (EU)  No 
1304/2014  and 
(OJ  L  222,  8.9.2023,  p.  88,  ELI: 
http://data.europa.eu/eli/reg_impl/2023/1694/oj) 

Implementing  Regulation  (EU)  2019/777 

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3.2. 

Proposed conclusions 

For all the reasons detailed in paragraphs 2.4.1 to 2.4.4 respectively, the Union should vote as 
proposed below in paragraphs 3.2.1 to 3.2.4 respectively. 

3.2.1.  Revision  of  the  UTP  concerning  the  subsystem  “Rolling  stock  –  Freight  Wagons” 

(UTP WAG) 

The European Union should vote in favour of the revision of UTP WAG as proposed by OTIF 
subject to the following amendments: 

– 

In point 0.3, 

– 

– 

replace the title by “Vehicles suitable for free circulation and interchangeable 
vehicles”; 

in third paragraph, second indent, replace the text by 

““Interchangeable vehicle” means a vehicle which meets the requirements for 
free  circulation  and  which,  in  addition,  is  equipped  with  standardised  inter-
vehicle interfaces, enabling the vehicle to be integrated into a train composition 
alongside  other  interchangeable  vehicles.  Wagons  meeting  these  criteria  may 
be marked “GE” or “CW”, in addition to the “TEN” marking.” 

– 

in  fourth  paragraph,  point  3,  replace  “general  operation”  by  “interchangeable 
vehicles”; 

– 

In point 4.2.1 ‘General’, oppose to proposed deletion of the following text: 

“When  the  functional  and  technical  specifications  that  are  necessary  in  order  to 
achieve  interoperability  and  to  meet  the  essential  requirements,  have  not  been 
developed  concerning  a  particular  technical  aspect,  this  aspect  is  identified  as  an 
open point in the relevant point. As required in 

Article 8 § 7 of APTU 

Article 4(6) of Directive (EU) 2016/797 

All open points are listed in Appendix A”; 

– 

– 

In  point  4.2.3.5.3.4  ‘Derailment  detection  and  actuation  function  (DDAF)’,  third 
paragraph,  replace  “Implementing  Regulation  (EU)  No  402/2013”  by  “UTP  GEN-
G”; 

In  point  6.1.2.1  ‘Running  gear’,  fourth  paragraph,  replace  “If  the  vehicle  does  not 
reach its minimum axle load in tare condition, the conditions for use of the vehicle 
shall require” by “If the vehicle’s mass does not enable it to reach its minimum axle 
load in tare condition, the conditions for use of the vehicle may require”. 

3.2.2.  Revision of the UTP concerning the subsystem “Rolling stock – Noise” (UTP Noise) 

The  European  Union  should  vote  in  favour  of  the  revision  of  UTP  Noise  as  proposed  by 
OTIF.  

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3.2.3.  Revision  of  the  UTP  concerning  train  composition  and  route  compatibility  checks 

(UTP TCRC) 

The  European  Union  should  vote  in  favour  of  the  revision  of  UTP  TCRC  as  proposed  by 
OTIF. 

3.2.4.  Modification of the UTP Telematics applications for freight services (UTP TAF) 

The European Union should vote in favour of the modification of the UTP TAF as proposed 
by OTIF. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a 
party to the agreement6. 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’7. 

4.1.2.  Application to the present case 

The CTE is a body set up by an agreement, namely the COTIF, in particular Article 13(1) (c) 
and (f).  
The acts which the CTE is called upon to adopt during its 16th session constitute acts having 
legal effects.  

The envisaged acts modify the OTIF legal framework. As the Union is a full contracting party 
to  COTIF8,  the  envisaged  acts  will  be  binding  upon  the  Union  under  international  law  in 
accordance with Article 6(1) APTU and Article 35(3) and (4) COTIF.  

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

6 

7 

8 

Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, 
paragraph 64 
Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, 
paragraphs 61 to 64 

See  Council  Decision  103/2013  on  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 Text with EEA relevance, OJ L 51, 
23.2.2013, p. 1–7. 

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4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the  objective  and  content  of  the  envisaged  act  in  respect  of  which  a  position  is  adopted  on 
behalf of the Union. 

4.2.2.  Application to the present case 

The main objective and content of the envisaged act relate to international rail transport. 

The substantive legal basis of the proposed decision, therefore, is Article 91 TFEU. 

4.3. 

Conclusion 

The  legal  basis  of  the  proposed  decision  should  be  Article  91  TFEU,  in  conjunction  with 
Article 218(9) TFEU. 

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2024/0115 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the 16th meeting of the 
Committee of Technical Experts of the Intergovernmental Organisation for 
International Carriage by Rail (OTIF) with regards to the revision of the Uniform 
Technical Prescription applicable to the subsystem “rolling stock – freight wagons” 
(UTP WAG), to the subsystem “rolling stock – noise” (UTP Noise), to train composition 
and route compatibility checks (UTP TCRC), and to the subsystem Telematics 
applications for freight services (UTP TAF) 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

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  (the  ‘COTIF'),  in 
accordance  with  Council  Decision  2013/103/EU9  and  the  Agreement  between  the 
European Union and the Intergovernmental Organisation for International Carriage by 
Rail (OTIF) on the Accession of the European Union to the COTIF Convention (the 
'Agreement')10.  

Pursuant to Article 13(1)(f) of the COTIF, the Committee of Technical Experts ('CTE') 
of the OTIF was set up.  

Pursuant to Article 20(1)(b) of the COTIF, and in accordance with Article 6(1) of the 
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) - Appendix F to COTIF, the CTE is competent to adopt 
or  to  amend,  inter  alia,  the  Uniform  Technical  Prescriptions  (UTP)  concerning  the 
subsystem “Rolling stock – Freight Wagons” (UTP WAG), concerning the subsystem 
“Rolling  stock  –  Noise”  (UTP  Noise),  concerning  train  composition  and  route 
compatibility checks (UTP TCRC), and concerning telematics applications for freight 
services (UTP TAF). 

(4) 

The CTE has included in the agenda of its 16th session that will take place on 11 and 
12 June 2024, a proposal for decisions to revise the UTP WAG, the UTP Noise, and 
the UTP TCRC, and to modify the Appendix I to the UTP TAF. 

9 

10 

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, 
ELI: http://data.europa.eu/eli/dec/2013/103(1)/oj) 
OJ L 51, 23.2.2013, p. 8–10. 

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(5) 

(6) 

(7) 

It is appropriate to establish the position to be taken on the Union's behalf in the CTE, 
as the proposed decisions will be binding on the Union pursuant to Article 6(1) APTU 
and Article 35 (3) and (4) COTIF. 

The  objectives  of  those  decisions  are  to  align  the  UTP  WAG,  UTP  Noise,  and  UTP 
TCRC with Commission Implementing Regulation (EU) 2023/169411, and to align the 
references  to  the  ERA’s  Technical  Documents  of  TAF  TSI  listed  in  Appendix  I  of 
UTP TAF. 

The envisaged OTIF decisions are in line with the law and the strategic objectives of 
the  Union  by  contributing  to  the  alignment  of  OTIF  legislation  with  the  equivalent 
provisions of Union law, and should therefore be supported by the Union, 

HAS ADOPTED THIS DECISION: 

Article 1 
The  position  to  be  taken  on  the  Union's  behalf  during  the  16th  session  of  the  CTE  of  the 
Convention concerning International Carriage by Rail of 9 May 1980 on the revision of the 
UTP WAG concerning the subsystem “Rolling stock – Freight Wagons”, the revision of the 
UTP Noise concerning the subsystem “Rolling stock – Noise”, the revision of the UTP TCRC 
concerning  train  composition  and  route  compatibility  checks,  and  on  the  update  of  the 
references to the Technical Documents of TAF TSI listed in Appendix I of UTP TAF shall be 
the following:  

(1) 

to  vote  in  favour  of  the  CTE  proposed  revision  of  UTP  WAG  concerning  the 
subsystem  “Rolling  stock  –  Freight  Wagons”,  as  found  in  the  CTE  Working 
Document TECH-24003 UTP WAG, and subject to the following amendments: 

(a) 

In point 0.3, 

– 

– 

replace the title by “Vehicles suitable for free circulation and interchangeable 
vehicles”; 

in third paragraph, second indent, replace the text by 

“Interchangeable  vehicle”  means  a  vehicle  which  meets  the  requirements  for 
free  circulation  and  which,  in  addition,  is  equipped  with  standardised  inter-
vehicle interfaces, enabling the vehicle to be integrated into a train composition 
alongside  other  interchangeable  vehicles.  Wagons  meeting  these  criteria  may 
be marked “GE” or “CW”, in addition to the “TEN” marking.” 

– 

in  fourth  paragraph,  point  3,  replace  “general  operation”  by  “interchangeable 
vehicles”; 

(b) 

In point 4.2.1 ‘General’, oppose to proposed deletion of the following text: 

“When the functional and technical specifications that are necessary in order to 
achieve interoperability and to meet the essential requirements, have not been 
developed concerning a particular technical aspect, this aspect is identified as 
an open point in the relevant point. As required in 

Article 8 § 7 of APTU 

Article 4(6) of Directive (EU) 2016/797 

11  Commission  Implementing  Regulation  (EU)  2023/1694  of  10  August  2023  amending  Regulations  (EU) 
No 321/2013,  (EU)  No  1299/2014,  (EU)  No  1300/2014,  (EU)  No  1301/2014,  (EU)  No  1302/2014,  (EU) 
No 1304/2014  and 
(OJ  L  222,  8.9.2023,  p.  88, 
ELI: http://data.europa.eu/eli/reg_impl/2023/1694/oj) 

Implementing  Regulation 

(EU)  2019/777 

EN 

10 

  EN 

 
 
All open points are listed in Appendix A”; 

(c) 

(d) 

In  point  4.2.3.5.3.4  ‘Derailment  detection  and  actuation  function  (DDAF)’, 
third  paragraph,  replace  “Implementing  Regulation  (EU)  No  402/2013”  by 
“UTP GEN-G”; 

In point 6.1.2.1 ‘Running gear’, fourth paragraph, replace “If the vehicle does 
not reach its minimum axle load in tare condition, the conditions for use of the 
vehicle shall require” by “If the vehicle’s mass does not  enable it to reach its 
minimum axle load in tare condition, the conditions for use of the vehicle may 
require”; 

to  vote  in  favour  of  the  CTE  proposed  amendments  to  UTP  Noise  concerning  the 
subsystem “Rolling stock – Noise”, as found in the CTE Working Document TECH-
24004 UTP Noise; 

to vote in favour of the CTE proposed amendments to UTP TCRC concerning train 
composition  and  route  compatibility  checks,  as  found  in  the  CTE  Working 
Document TECH-24005 UTP TCRC; 

to  vote  in  favour  of  the  CTE  proposal  to  update  the  references  to  the  Technical 
Documents  of  TAF  TSI  listed  in  Appendix  I  of  UTP  TAF,  as  found  in  the  CTE 
Working Document TECH-24005 UTP TAF. 

Minor changes may be agreed to the acts set out in this Article by the Commission, 
without a further decision of the Council. 

(2) 

(3) 

(4) 

(5) 

Once adopted, the decisions of the Committee of Technical Experts shall be published in the 
Official Journal of the European Union, indicating the date of their entry into force. 

Article 2 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 3 

For the Council 
The President 

EN 

11 

  EN