Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the 18th meeting of the Committee of Technical Experts (CTE) of the Intergovernmental Organisation for International Carriage by Rail (OTIF) with regard to the revision of the Rules of Procedure of the CTE, to the revision of Uniform Technical Prescriptions (UTP) applicable to the subsystem “rolling stock – freight wagons (UTP WAG) and to the subsystem “rolling stock – locomotives and passenger rolling stock” (UTP LOC&PAS), to the adoption of a Uniform format of certificates, to the revision of the UTP applicable to the subsystem Telematics applications for freight services (UTP TAF), and of the Handbook for the implementation and application of the APTU and ATMF Uniform Rules
Date: 2026-04-16
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: carriage of goods, carriage of passengers, international convention, international organisation, international transport, rolling stock, rules of procedure, technical regulations, telematics, user guide, vehicle on rails

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   EUROPEAN COMMISSION  Brussels, 16.4.2026  COM(2026) 163 final 2026/0089 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the 18th meeting of the Committee of Technical Experts (CTE) of the Intergovernmental Organisation for International Carriage by Rail (OTIF) with regard to the revision of the Rules of Procedure of the CTE, to the revision of Uniform Technical Prescriptions (UTP) applicable to the subsystem “rolling stock – freight wagons (UTP WAG) and to the subsystem “rolling stock – locomotives and passenger rolling stock” (UTP LOC&PAS), to the adoption of a Uniform format of certificates, to the revision of the UTP applicable to the subsystem Telematics applications for freight services (UTP TAF), and of the Handbook for the implementation and application of the APTU and ATMF Uniform Rules  
 
1. 

SUBJECT MATTER OF THE PROPOSAL 

EXPLANATORY MEMORANDUM 

The  Intergovernmental  Organisation  for  International  Carriage  by  Rail  (OTIF)  is  an 
intergovernmental  organisation  dedicated  to  international  rail  transport.  It  develops  uniform 
legal  regimes  for international  rail transport in three major areas of activity: interoperability 
and safety, dangerous goods and railway contract law.  

Aspects  related  to  interoperability  and  safety  are  addressed,  in  particular,  by  the  OTIF’s 
Committee of Technical Experts (CTE). 
The  18th  session  of  OTIF’s  CTE  will  take  place  in  Bern  on  9  June  2026.  This  proposal 
concerns  the  decision  establishing  the  position  to  be  taken  on  the  Union’s  behalf  in  that 
session, in connection with the envisaged adoption of the following proposals: 

– 

– 

– 

– 

– 

– 

Modification of the Rules of Procedure of CTE; 

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

Revision  of  the  UTP  applicable  to  the  subsystem  “rolling  stock  –  locomotives  and 
passenger rolling stock” (UTP LOC&PAS);  

Adoption  of  Annex  C  to  the  ATMF  Uniform  Rules  on  a  Uniform  format  of 
certificates;  

Modification  of  Appendix  I  to  the  UTP  applicable  to  the  subsystem  “Telematics 
applications for freight services” (UTP TAF) (references to technical documents); 

Modifications to the Handbook for the implementation and application of the APTU 
and ATMF Uniform Rules. 

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=1025. 

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  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 EU-COTIF Accession Agreement entered into force on 1 July 2011. 

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, 
(OJ  L  51,  23.2.2013,  p.  1,  ELI: 
as  amended  by 
http://data.europa.eu/eli/dec/2013/103(1)/oj). 

the  Vilnius  Protocol  of  3  June  1999 

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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.  

COTIF 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 
eight Appendices to the Convention 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) 

There are 18 uniform technical prescriptions (UTPs) for technical interoperability developed 
under  APTU  UR  and  ATMF  UR.  The  UTPs  in  the  framework  of  COTIF  are  technical 
standards  applicable  for  the  technical  admission  of  railway  material  used  in  international 
traffic.  They  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. 

43  out  of  the  50  States  that  are  Parties  to  COTIF,  including  the  already  mentioned  25  EU 
Member States, apply APTU UR and ATMF UR. 

There  are  four  Annexes  developed  under  EST  UR.  These  Annexes  concern  common  safety 
methods  applicable  to  international  rail  traffic.  They  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. The entry into force of EST UR is still pending approval by 
two-thirds of the states that are party to OTIF. 

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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2.2. 

The OTIF Committee of Technical Experts (CTE) 

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

The CTE has competence in matters of interoperability and safety of international rail traffic. 
It  develops  the APTU,  ATMF, EST  and their  respective  Annexes,  as  well as  corresponding 
guidance, which apply to the admission and operation of railway material and infrastructure 
intended for use in international traffic. This concerns in particular: 

– 

– 

– 

– 

– 

The adoption of technical prescriptions and technical standards; 

procedures  concerning  the  assessment  of  conformity  of  railway  material  and 
infrastructure against these prescriptions and standards; 

provisions concerning the maintenance of railway material and infrastructure; 

responsibilities  for  safe  operation  and  provisions  concerning  risk  evaluation  and 
assessment; 

specifications for registers necessary for the application of above provisions. 

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

In  accordance  with  Article  16(10)  of  COTIF,  the  CTE  is  competent  to  adopt  its  rules  of 
procedure. 

Pursuant  to  Article  20(1)(b)  of  COTIF,  and  in  accordance  with  Article  6(1)  of  APTU,  the 
CTE  is  competent  to  adopt  or  to  amend  its  respective  UTPs.  In  accordance  with  Article 
20(1)(e)  of  COTIF  and  Article  21(1)  of  ATMF,  the  CTE  is  also  competent  to  adopt  or  to 
amend  its  respective  UTPs.  These  amendments  are  carried  out  in  accordance  with  the 
procedure  laid  down  in  Articles  16,  20  and  33(6)  of  COTIF,  and  enter  into  force  in 
accordance with the paragraphs 3 and 4 of Article 35. 

Finally,  in  accordance  with  Article  20(1)(e)  of  COTIF,  and  pursuant  to  Article  21(4)  of 
ATMF,  the  CTE  is  also  competent  to  recommend  methods  and  practices  relating  to  the 
technical admission of railway material used in international traffic. 

The envisaged acts to be adopted by the CTE 

2.3. 
On 9 June 2026, during its 18th session, the CTE is to adopt the following: 

– 

– 

– 

– 

– 

– 

a modification of its Rules of Procedure of CTE; 

a revision of the  UTP applicable to  the subsystem  “rolling stock  – freight wagons” 
(UTP WAG); 

a revision of the UTP applicable to the subsystem “rolling stock  – locomotives and 
passenger rolling stock” (UTP LOC&PAS); 

Annex C to the ATMF on a Uniform format of certificates; 

a  modification  of  Appendix  I  to  the  UTP  applicable  to  the  subsystem  “Telematics 
applications for freight services” (UTP TAF) (references to technical documents); 

a modification to the Handbook for the implementation and application of the APTU 
and ATMF Uniform Rules. 

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2.3.1.  Modification of the rules of procedure of the CTE 
At its 8th session, held on 4 December 2025, the OTIF ad hoc Committee on Legal Affairs and 
International Cooperation approved recommended provisions aimed at harmonising the rules 
of procedure across all OTIF organs with regard to the rights of members, associate members 
and observers. 

The aim of this proposal to modify the rules of procedure of the CTE is to align the practices 
of all OTIF organs, based on the recommendations of the ad hoc Committee on Legal Affairs 
and International Cooperation, so as to ensure consistency. Furthermore, the proposal includes 
some additional alignments with practices of other organs. 

2.3.2.  Revision  of  the  Uniform  Technical  Prescription  (UTP)  applicable  to  the  subsystem 

“rolling stock – freight wagons” (UTP WAG) 

UTP WAG lays down the functional and technical requirements for admitting freight wagons 
to international traffic within the territories of all COTIF Contracting States, in line with the 
ATMF. 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 in particular with those introduced by Commission Implementing 
Regulation  (EU) 2025/20645. In that context, the proposal  specifies requirements  for freight 
wagons  concerning  spark  arresters  for  fire  safety,  transport  of  dangerous  goods  by  rail,  and 
devices to secure semi-trailers to wagons and related markings. 

2.3.3.  Revision  of  the  Uniform  Technical  Prescription  (UTP)  applicable  to  the  subsystem 
“rolling stock – locomotives and passenger rolling stock” (UTP LOC&PAS) 

UTP  LOC&PAS  lays  down  the  functional  and  technical  requirements  for  admitting 
locomotives  and  passenger  rolling  stock  to  international  traffic  within  the  territories  of  all 
COTIF Contracting States, in line with the ATMF. It covers technical design and production 
requirements and verification procedures. 

The  aim  of  this  proposal  to  revise  the  UTP  LOC&PAS  is  to  keep  it  aligned  with  legal 
developments  in  the  European  Union,  and  in  particular  those  introduced  by  Commission 
Implementing Regulation (EU) 2025/6756. In that context, the proposal specifies requirements 
to  be  met  for  the  free  circulation  in  international  traffic  of  non-passenger-carrying  vehicles 
that are intended to carry personnel. 

5  Commission Implementing Regulation (EU) 2025/2064 of 14 October 2025 amending Regulation (EU) No 
321/2013  concerning  the  technical  specification  for  interoperability  relating  to  the  rolling  stock  –  freight 
wagons subsystem of the rail system in the European Union (WAG TSI) (OJ L, 2025/2064, 15.10.2025, ELI: 
http://data.europa.eu/eli/reg_impl/2025/2064/oj). 

6  Commission  Implementing  Regulation  (EU)  2025/675  of  4  April  2025  amending  Regulation  (EU)  No 
1302/2014  concerning  a  technical  specification  for  interoperability  relating  to  the  rolling  stock  — 
locomotives  and  passenger  rolling  stock  subsystem  of  the  rail  system  in  the  European  Union  and 
Implementing Decision 2011/665/EU on the register of authorised types of railway vehicles (OJ L, 2025/675, 
7.4.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/675/oj). 

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2.3.4.  Adoption of Annex C to ATMF UR on a Uniform format of certificates 

The aim of this proposal is to define the structure and content of the technical certificates in 
the meaning of Article 11 of the ATMF UR, and the procedures for their issuance, updating, 
withdrawal,  suspension,  as  well  as  the  procedures  concerning  access  to  them.  The  proposal 
aims  to  ensure  the  consistency  and  compatibility  of  information  across  COTIF  Contracting 
States, and its compatibility with vehicle and vehicle type registers established under OTIF or 
EU rules, namely those laid down in Commission Implementing Decision 2011/665/EU7 and 
Commission Implementing Decision (EU) 2018/16148, as last amended. 

To  promote  harmonisation  and  facilitate  railway  digitalisation,  the  information  contained  in 
these certificates is expected to correspond to the information required in vehicle registers and 
vehicle type registers according to OTIF and EU rules, including the information required to 
perform route compatibility checks. 

2.3.5.  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. 

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

In particular, 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  defined  in  ERA’s 
technical  document  ERA-TD-105:  TAF  TSI  —  Annex  D.2:  Appendix  F  —  TAF  TSI  Data 
and Message Model. 

2.3.6.  Update  of  the  handbook  for  the  implementation  and  application  of  the  APTU  and 

ATMF 

The  handbook  outlines  the  requirements  for  implementing  and  applying  the  APTU  and  the 
ATMF for international transport by rail, and describes the various roles and responsibilities 
in  connection  with  implementation  and  application.  It  is  intended  to  serve  as  a  practical 
reference for OTIF members and states interested in acceding to COTIF, particularly for the 
authorities, entities and actors in their respective railway sectors. 

The handbook is non-legally binding under COTIF but is nevertheless a recommendation for 
implementation,  capable  of  producing  legal  effects.  The  CTE  is  empowered  to  adopt  the 
handbook  and  their  modifications  as  recommendations  in  accordance  with  Article  21(4)  of 
ATMF. The handbook (and thus the envisaged amendment thereto) would inform the way in 
which the EU must implement its obligations under COTIF. 

The update of the handbook for the implementation and application of the APTU and ATMF 
is necessary in order to take into account return from experience of COTIF Contracting States. 

7  Commission  Implementing  Decision  of  4  October  2011  on  the  European  register  of  authorised  types  of 

railway vehicles (OJ L 264, 8.10.2011, pp. 32, ELI: http://data.europa.eu/eli/dec_impl/2011/665/oj). 

8  Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the 
vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the 
Council (OJ L 268, 26.10.2018, pp. 53, ELI: http://data.europa.eu/eli/dec_impl/2018/1614/oj). 

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3. 

POSITION TO BE TAKEN ON THE UNION’S BEHALF 

3.1. 

Union competence and voting rights  

Pursuant to Article 6 of the EU-COTIF Accession Agreement: 

“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: 

– 

– 

– 

– 

– 

– 

Modify  the  Rules  of  Procedure  of  the  CTE,  in  order  to  align  it  with  the  rules  of 
procedure of other OTIF organs; 

Review  the  UTP  WAG,  in  order  to  align  them  with  Commission  Implementing 
Regulation (EU) 2025/2064; 

Review the UTP LOC&PAS, in order to align them with Commission Implementing 
Regulation (EU) 2025/675; 

Adopt  a  new  Annex  C  to  ATMF  UR  on  a  Uniform  format  of  certificates,  while 
ensuring  its  compatibility  with  vehicle  and  vehicle  type  registers  established  under 
OTIF and EU rules, namely those laid down in Commission Implementing Decision 
2011/665/EU and Commission Implementing Decision (EU) 2018/1614; 

Modify the UTP Telematics applications for freight services (UTP TAF), in order to 
align the references to the ERA’s Technical Documents listed in Appendix I of UTP 
TAF with the latest updates published by ERA; 

Update the handbook for the implementation and application of APTU and ATMF, 
in  order  to  align  it  with  the  return  from  experience  of  COTIF  Contracting  States, 
including EU Member States. 

All  of  these  decisions  fall  within  the  area  of  interoperability  and  safety  of  international  rail 
traffic.  This  area  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.  

3.2. 

Proposed conclusions 

As regards the decisions detailed in paragraphs 2.3.1 to 2.3.6 above, the Union should vote as 
proposed below. 

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3.2.1.  Modification of the rules of procedure of the Committee of technical experts 

The European Union should vote in favour of modification of the Rules of Procedure of the 
CTE  as  proposed  by  the  OTIF  Secretariat  in  the  document  TECH-26018-CTE18-4. 
Nevertheless, the following modification should be proposed. 

(a) 

In  Article  9(3),  “8  weeks”  should  be  replaced  by  “12  weeks”.  This  proposal  is 
intended to facilitate the necessary internal procedures allowing a timely preparation 
and adoption of the respective Union positions. 

3.2.2.  Revision  of  the  Uniform  Technical  Prescription  (UTP)  applicable  to  the  subsystem 

“rolling stock – freight wagons” (UTP WAG) 

The European Union should vote in favour of the revision of UTP WAG as proposed by the 
OTIF  Secretariat  in  Annex  2  to  document  TECH-26003-CTE18-5.1,  subject  to  the 
amendments listed below. In case these amendments are not introduced, the European Union 
should vote against the proposed revision of UTP WAG. 

(a) 

The  two  introductory  paragraphs  in  point  4.2.6.1.2.1,  now  further  detailed  in  point 
4.2.6.1.2.1.1, should be deleted; 

(b) 

In point 5.3.6, the first paragraph should be replaced by: 

“Devices  to  secure  semi-trailers  shall  be  designed  and  assessed  for  each  of  the 
following conditions of use: 

– 

– 

compatible semi-trailers for which the device is intended; 

compatible unit interface on which the device can be safely mounted”. 

3.2.3.  Revision of the Uniform Technical Prescription applicable to the subsystem “rolling 

stock – locomotives and passenger rolling stock” (UTP LOC&PAS) 

The European Union should vote in favour of the revision of UTP LOC&PAS as proposed by 
the  OTIF  Secretariat  in  Annex  2  to  document  TECH-26004-CTE18-5.2,  subject  to  the 
amendment  listed  below.  In  case  this  amendment  is  not  introduced,  the  European  Union 
should vote against the proposed revision of UTP LOC&PAS. 

(a) 

in point 7.1.1.6.1, point (12) should be replaced by “The unit shall be equipped with 
self-rescue  devices  for  all  persons  on  board,  satisfying  the  specifications  of  EN 
13794:2002 and either EN 402:2003 or EN 403:2004”. 

3.2.4.  Adoption of Annex C to ATMF UR on a Uniform format of certificates  

The envisaged decision to adopt a new Annex C to ATMF on a Uniform format of certificates 
is not considered to be fully in line with the law and the strategic objectives of the Union. As 
a  generic  example,  the  use  of  the  term  “certificate”  leads  to  confusion,  as  it  is  used  for 
different purposes in the EU and COTIF frameworks. 

Considering the extent of the amendments to the envisaged decision that would be necessary 
to ensure alignment with the relevant EU acquis, the European Union should vote in against 
the adoption of Annex C to ATMF UR on a Uniform format of certificates, as proposed by 
the  OTIF  Secretariat  in  the  document  TECH-26005-CTE18-5.3,  and  request  its  review  by 
OTIF WG TECH to ensure alignment with the relevant EU acquis. 

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

The European Union should vote in favour of the modifications of the UTP TAF, as proposed 
by the OTIF Secretariat in the document TECH-26006-CTE18-5.4. 

3.2.6.  Update  of  the  handbook  for  the  implementation  and  application  of  the  APTU  and 

ATMF 

The European Union should vote in favour of the modifications of the handbook as proposed 
by the OTIF Secretariat in the document TECH-26009-CTE18-6.3, subject to the amendments 
listed below. In case these amendments are not introduced, the European Union should vote 
against the proposed update of the handbook. 

(a) 

(b) 

(c) 

Cross-references  between  the  different  parts  of  the  Handbook  should  be  reviewed 
(e.g.  points  106,  137  and  200  refer  to  a  numbering  of  sections  that  is  not  actually 
used in the Handbook); 

In  points  112  and  202,  the  last  sentences  should  be  completed  as  follows:  “,  if  so 
allowed by the applicable market related rules established at domestic or EU level, 
as appropriate.”; 

In  point  201,  in  the  third  sentence,  “Vehicles”  should  be  replaced  by  “Vehicles  in 
international traffic in the scope of the ATMF UR”. 

In addition, it should also be enquired whether the expression “Contracting State” should be 
replaced by “Member State” throughout the document, to align with the revised terminology 
proposed for CTE’s Rules of Procedure. 

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.’ 

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’9. 

9 

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. 

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4.1.2.  Application to the present case 

The  CTE  is  a  body  set  up  by  an  agreement,  namely  the  COTIF,  in  particular  under  its 
Article 13(1)(f).  
The acts listed above which the CTE is called upon to adopt during its 18th session constitute 
acts having legal effects. As the Union is a full contracting party to COTIF, the envisaged acts 
will  be  binding  upon  the  Union  under  international  law,  in  accordance  with  Article  6(1) 
APTU, Article 21(1) ATMF and paragraphs 3 and 4 of Article 35 to COTIF.  

The  envisaged  acts  do  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

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

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  taken on the 
Union’s behalf.  If the envisaged act pursues two aims or has two components and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

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

Therefore, the substantive legal basis of the proposed decision 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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2026/0089 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the 18th meeting of the 
Committee of Technical Experts (CTE) of the Intergovernmental Organisation for 
International Carriage by Rail (OTIF) with regard to the revision of the Rules of 
Procedure of the CTE, to the revision of Uniform Technical Prescriptions (UTP) 
applicable to the subsystem “rolling stock – freight wagons (UTP WAG) and to the 
subsystem “rolling stock – locomotives and passenger rolling stock” (UTP LOC&PAS), 
to the adoption of a Uniform format of certificates, to the revision of the UTP applicable 
to the subsystem Telematics applications for freight services (UTP TAF), and of the 
Handbook for the implementation and application of the APTU and ATMF Uniform 
Rules 

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) 

(4) 

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/EU10  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 Convention11.  

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

Pursuant  to  Article  16(10)  of  COTIF,  the  CTE  is  competent  to  adopt  and  amend  its 
rules of procedure. 

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)  applicable  to  the 
subsystem  “rolling  stock  –  freight  wagons”  (UTP  WAG),  to  the  subsystem  “rolling 

10 

11 

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. 

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(5) 

(6) 

(7) 

(8) 

(9) 

stock  –  locomotives  and  passenger  rolling  stock”  (UTP  LOC&PAS),  and  to  the 
subsystem Telematics applications for freight services (UTP TAF). 

Pursuant to Article 20(1)(e) of the COTIF, and in accordance with Article 21(1) of the 
Uniform  Rules  concerning  the  Technical  Admission  of  Railway  Material  used  in 
International Traffic (ATMF UR) – Appendix G to COTIF, the CTE is competent to 
adopt Annexes to that Appendix, including on the uniform format of certificates. 

Pursuant to Article 20(1)(e) of the COTIF, and in accordance with Article 21(4) of the 
ATMF UR, the CTE is competent to adopt or to amend, inter alia, the Handbook for 
the implementation and application of the APTU and ATMF Uniform Rules. 
The  CTE,  during  its  18th  session  on  9  June  2026,  is  to  adopt  decisions  to  revise  its 
Rules of Procedure, the UTP WAG, the UTP LOC&PAS, to adopt an Annex C to the 
ATMF  on  a  Uniform  format  of  certificates,  to  modify  Appendix  I  to  the  UTP  TAF, 
and to update the Handbook for the implementation and application of the APTU and 
ATMF Uniform Rules. 

It  is  appropriate  to  establish  the  positions  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, Article 21(1) ATMF and paragraphs 3 and 4 of Article 35 to COTIF. 

The objectives of those decisions are to modify the Rules of Procedure of the CTE, in 
order to align them with the rules of procedure of other OTIF organs, align the UTP 
WAG  and  UTP  LOC&PAS  with  Commission  Implementing  Regulations  (EU) 
2025/206412 and (EU) 2025/67513 respectively, to adopt a new Annex C to ATMF on 
a the Uniform format of certificates, while ensuring its compatibility with vehicle and 
vehicle type registers established under OTIF and EU rules, namely those laid down in 
the  latest  amendments  to  Implementing  Decision  2011/665/EU14  and  Commission 
Implementing  Decision  (EU)  2018/161415,  to  align  the  references  to  the  ERA’s 
technical  documents  listed in  Appendix  I of UTP TAF, and to  update  the Handbook 
for the implementation and application of the APTU and ATMF, taking into account 
the  return  on  experience  from  COTIF  Contracting  States,  including  EU  Member 
States. 

(10)  The  envisaged  modifications  to  the  Rules  of  Procedure  of  the  CTE  are  based  on  the 
recommendations  of  the  OTIF  ad  hoc  Committee  on  Legal  Affairs  and  International 
Cooperation,  and  ensure  further  alignment  and  consistency  between  the  practices  of 
this  and  other  OTIF  organs.  However,  the  rules  for  making  working  documents 
available  before  the  meetings  of  the  CTE  still  establish  very  short  deadlines,  which 

12  Commission Implementing Regulation (EU) 2025/2064 of 14 October 2025 amending Regulation (EU) No 
321/2013  concerning  the  technical  specification  for  interoperability  relating  to  the  rolling  stock  –  freight 
wagons subsystem of the rail system in the European Union (WAG TSI) (OJ L, 2025/2064, 15.10.2025, ELI: 
http://data.europa.eu/eli/reg_impl/2025/2064/oj). 

13  Commission  Implementing  Regulation  (EU)  2025/675  of  4  April  2025  amending  Regulation  (EU)  No 
1302/2014  concerning  a  technical  specification  for  interoperability  relating  to  the  rolling  stock  — 
locomotives  and  passenger  rolling  stock  subsystem  of  the  rail  system  in  the  European  Union  and 
Implementing Decision 2011/665/EU on the register of authorised types of railway vehicles (OJ L, 2025/675, 
7.4.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/675/oj). 

14  Commission  Implementing  Decision  of  4  October  2011  on  the  European  register  of  authorised  types  of 

railway vehicles (OJ L 264, 8.10.2011, pp. 32, ELI: http://data.europa.eu/eli/dec_impl/2011/665/oj). 

15  Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the 
vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the 
Council (OJ L 268, 26.10.2018, pp. 53, ELI: http://data.europa.eu/eli/dec_impl/2018/1614/oj). 

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may be insufficient for allowing the necessary internal procedures for the adoption of a 
decision at  Union level.  Therefore, while the  amendments to  the Rules of Procedure 
should be supported, the European Union should also propose to extend the deadline 
for making working documents available before the meetings of the CTE, in order to 
allow for a timely preparation and adoption of Union positions. 

(11)  The  envisaged  decisions  to  revise  the  UTP  WAG  and  the  UTP  LOC&PAS  and  to 
modify  Appendix  I  of  UTP  TAF  are  generally  in  line  with  the  law  and  the  strategic 
objectives of the Union, and contribute to the alignment of OTIF legislation with the 
equivalent provisions of Union law. However, some of the changes proposed by OTIF 
Secretariat  should  be  aligned  with  the  relevant  EU  law.  It  is  therefore  necessary  to 
propose  amendments to  the  envisaged  OTIF  decisions,  in  order  to  ensure  alignment 
with  the  relevant  EU  acquis. The  Union  should thus  support  the  envisaged  decisions 
subject to the condition that these amendments are introduced. 

(12)  The  envisaged  decision  to  adopt  a  new  Annex  C  to  ATMF  on  a  Uniform  format  of 
certificates is not fully in line with the law and the strategic objectives of the Union. 
As a generic example, the use of the term “certificate” leads to confusion, as it is used 
for different purposes in the EU and COTIF frameworks. Considering the extent of the 
amendments  to  the  envisaged  decision  that  would  be  necessary  to  ensure  alignment 
with  the  relevant  EU  acquis,  the  Union  should  thus  oppose  to  the  adoption  of  the 
envisaged  decision,  and  request  further  work  of  the  standing  working  group  of  the 
CTE  (WG  TECH)  on  the  matter,  so  as  to  ensure  alignment  with  the  relevant  EU 
acquis. 

(13)  The  envisaged  decision  to  update  the  Handbook  for  the  implementation  and 
application  of  ATMF  and  APTU  is  generally  in  line  with  the  law  and  the  strategic 
objectives of the Union, and contribute to the alignment of OTIF legislation with the 
equivalent  provisions  of  Union  law.  However,  some  modifications  should  be 
introduced  on  this  handbook,  in  particular  to  clarify  that  the  mutual  acceptance  of 
assessment  bodies  by  all  Contracting  States  for  the  purpose  of  the  ATMF  UR  is 
strictly  limited  to  vehicles  intended  to  be  used  in  international  traffic.  It  is  therefore 
necessary  to  propose  amendments to  the  envisaged  decision,  in  order  to  ensure 
alignment  with  the  relevant  EU  acquis  and  that  the  applicable  market-related  rules 
established  at  domestic  or  EU  level  are  taken  into  account. The  Union  should  thus 
support  the  envisaged  decision,  subject  to  the  condition  that  these  amendments  are 
introduced. 

HAS ADOPTED THIS DECISION: 

Article 1 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  18th  session  of  the  Committee  of 
Technical  Experts  (CTE)  of  the  Convention  concerning  International  Carriage  by  Rail  of  9 
May  1980  on  the  modification  of  its  Rules  of  Procedure,  on  the  revision  of  the  Uniform 
Technical  Prescriptions  applicable  to  the  subsystem  “rolling  stock  –  freight  wagons”  (UTP 
WAG), of the Uniform Technical  Prescriptions applicable to  the subsystem “rolling stock  – 
locomotives and passenger rolling stock” (UTP LOC&PAS), on the adoption of an Annex C 
to  the  Uniform  Rules  concerning  the  Technical  Admission  of  Railway  Material  used  in 
International  Traffic  (ATMF  UR)  on  a  Uniform  format  of  certificates,  on  a  modification  of 
Appendix  I of the Uniform Technical Prescriptions  applicable to the subsystem “Telematics 

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applications  for  freight  services”  (UTP  TAF),  and  on  an  update  of  the  Handbook  for  the 
implementation and application of the APTU and ATMF shall be the following:  

(1) 

to vote in favour of the proposed modifications to the Rules of Procedure of CTE, as 
found in the document TECH-26018-CTE18-4. Without prejudice to this position, to 
also propose the following amendment: 

(a) 

In Article 9(3), replace “8 weeks” by “12 weeks”; 

(2) 

to vote in favour of the proposed revision of UTP WAG, as found in Annex 2 to the 
document TECH-26003-CTE18-5.1, subject to the following amendments: 

(a) 

in point 4.2.6.1.2.1, delete the two introductory paragraphs; 

(b) 

in point 5.3.6, replace the first paragraph by: 

“Devices to secure semi-trailers shall be designed and assessed for each of the 
following conditions of use: 

— compatible semi-trailers for which the device is intended; 

— compatible unit interface on which the device can be safely mounted”. 

(3) 

to vote in favour of the proposed revision of UTP LOC&PAS, as found in Annex 2 
to the document TECH-26004-CTE18-5.2, subject to the following amendment: 

(4) 

(5) 

(6) 

(a) 

in point 7.1.1.6.1, replace point (12) by “The unit shall be equipped with self-
rescue  devices  for  all  persons  on  board,  satisfying  the  specifications  of  EN 
13794:2002 and either EN 402:2003 or EN 403:2004”. 

to vote against the proposed adoption of an Annex C to ATMF on a Uniform format 
of  certificates,  as  found  in  the  document  TECH-26005-CTE18-5.3,  and  to  request 
further work of the standing working group of the CTE (WG TECH) on the matter, 
so as to ensure alignment with the relevant EU acquis. 

to vote in favour of the proposed modification of Appendix I of UTP TAF, as found 
in the document TECH-26006-CTE18-5.4. 

to vote in favour of the proposed update of the handbook for the implementation and 
application  of  the  APTU  and  ATMF,  as  found  in  the  document  TECH-26009-
CTE18-6.3, subject to the following amendments: 

(a)  Across the overall text, review the cross-references between the different parts 

of the Handbook, and align them with the latest table of contents; 

(b) 

In  points  112  and  202,  complete  the  last  sentence  by  “,  if  so  allowed  by  the 
applicable  market  related  rules  established  at  domestic  or  EU  level,  as 
appropriate.”; 

(c) 

In  point  201,  in  the  third  sentence,  replace  “Vehicles”  by  “Vehicles  in 
international traffic in the scope of the ATMF UR”. 

Minor changes to the positions expressed in this Article may be agreed by the representatives 
of the Union at the meeting of the CTE, without further decision of the Council. 

This Decision is addressed to the Commission. 

Article 2 

EN 

Article 3 

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

Done at Brussels, 

For the Council 
The President 

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