Document ID: 22013A0223(01)

Reference:
EUR-Lex - 22013A0223(01) - EN
Important legal notice
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22013A0223(01)
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
Official Journal L 051 , 23/02/2013 P. 0008 - 0010
Agreementbetween 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 1999THE EUROPEAN UNION, hereinafter referred to as "the Union",of the one part, andTHE INTERGOVERNMENTAL ORGANISATION FOR INTERNATIONAL CARRIAGE BY RAIL, hereinafter referred to as "OTIF",of the other part,Together hereinafter referred to as "the Contracting Parties",HAVING REGARD to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (hereinafter referred to as "the Convention"), and in particular Article 38 thereof,HAVING REGARD to the responsibilities which the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) confers on the Union in certain areas covered by the Convention,RECALLING that following the entry into force of the Treaty of Lisbon on 1 December 2009, the Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community,WHEREAS the Convention establishes an Intergovernmental Organisation for International Carriage by Rail (OTIF), the headquarters of which are at Bern,WHEREAS the purpose of the Union’s accession to the Convention is to assist OTIF in pursuing its objective of promoting, improving and facilitating international rail transport in both technical and legal respects,WHEREAS by virtue of Article 3 of the Convention, the obligations arising out of the Convention with regard to international cooperation do not take precedence, for Parties to the Convention which are also Member States of the Union or States party to the Agreement on the European Economic Area, over their obligations as Member States of the Union or States party to the Agreement on the European Economic Area,WHEREAS a disconnection clause is necessary for those parts of the Convention which fall within the competence of the Union, in order to indicate that Member States of the Union cannot invoke and apply the rights and obligations deriving from the Convention directly among themselves,WHEREAS the Convention applies fully between the Union and its Member States on the one hand, and the other Parties to the Convention, on the other hand,WHEREAS the Union’s accession to the Convention requires the rules for applying the provisions of the Convention to the Union and its Member States to be clearly established,WHEREAS the conditions of the Union’s accession to the Convention must allow the Union to exercise within the framework of the Convention the competences conferred on it by its Member States,HAVE AGREED AS FOLLOWS:Article 1The Union hereby accedes to the Convention under the terms and conditions laid down in this Agreement, in accordance with Article 38 of the Convention.Article 2Without prejudice to the object and the purpose of the Convention to promote, improve and facilitate international traffic by rail and without prejudice to its full application with respect to other Parties to the Convention, in their mutual relations, Parties to the Convention which are Member States of the Union shall apply Union rules and shall therefore not apply the rules arising from that Convention except in so far as there is no Union rule governing the particular subject concerned.Article 3Subject to the provisions of this Agreement, provisions in the Convention shall be so interpreted as also to include the Union, within the framework of its competence, and the various terms used to designate the Parties to the Convention and their representatives are to be understood accordingly.Article 4The Union shall not contribute to the budget of OTIF and shall not take part in decisions concerning that budget.Article 5Without prejudice to the exercise of its voting rights under Article 6, the Union shall be entitled to be represented and involved in the work of all OTIF bodies in which any of its Member States is entitled to be represented as a Party to the Convention, and where matters falling within its competence may be dealt with.The Union may not be a member of the Administrative Committee. It may be invited to participate in meetings of that Committee when the Committee wishes to consult it on matters of common interest that have been placed on the agenda.Article 61. 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.4. The Union shall, on a case-by-case basis, inform the other Parties to the Convention of the cases where, with regard to the various items on the agendas of the General Assembly and the other deliberating bodies, it will exercise the voting rights provided for in paragraphs 1 to 3. That obligation shall also apply when decisions are taken by correspondence. That information is to be provided early enough to the OTIF Secretary-General in order to allow its circulation together with meeting documents or a decision to be taken by correspondence.Article 7The scope of the competence of the Union shall be indicated in general terms in a written declaration made by the Union at the time of the conclusion of this Agreement. That declaration may be modified as appropriate by notification from the Union to OTIF. It shall not replace or in any way limit the matters that may be covered by the notifications of Union competence to be made prior to OTIF decision-making by means of formal voting or otherwise.Article 8Title V of the Convention shall apply to any dispute arising between the Contracting Parties in respect of the interpretation, application or implementation of this Agreement, including its existence, validity and termination.Article 9This Agreement shall enter into force on the first day of the first month following the signature of this Agreement by the Contracting Parties. Article 34, paragraph 2, of the Convention shall not apply in this case.Article 10This Agreement shall remain in force for an indefinite period.If all Parties to the Convention which are Member States of the Union denounce the Convention, the notification of that denunciation, as well as of the denunciation of this Agreement, shall be considered to have been given by the Union at the same time as the last Member State of the Union to denounce the Convention notifies its denunciation under Article 41 of the Convention.Article 11Parties to the Convention other than Member States of the Union, which apply relevant Union legislation as a result of their international agreements with the Union, may, with the acknowledgement of the Depositary of the Convention, enter individual declarations with regard to the preservation of their rights and obligations under their agreements with the Union, the Convention and related regulations.This Agreement shall be drawn up in duplicate, one original kept by OTIF and the other by the Union, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, and Swedish languages, each text being equally authentic. This is without prejudice to Article 45, paragraph 1, of the Convention.IN WITNESS WHEREOF the undersigned Plenipotentiaries, duly empowered to this effect, have signed this Agreement.За Европейския съюзPor la Unión EuropeaZa Evropskou uniiFor Den Europæiske UnionFür die Europäische UnionEuroopa Liidu nimelΓια την Ευρωπαϊκή ΈνωσηFor the European UnionPour l'Union européennePer l'Unione europeaEiropas Savienības vārdā –Europos Sąjungos varduAz Európai Unió részérőlGħall-Unjoni EwropeaVoor de Europese UnieW imieniu Unii EuropejskiejPela União EuropeiaPentru Uniunea EuropeanăZa Európsku úniuZa Evropsko unijoEuroopan unionin puolestaFör Europeiska unionen+++++ TIFF +++++За Междуправителствената организация за международни железопътни превози (OTIF)Por la Organización Intergubernamental para los Transportes Internacionales por Ferrocarril (OTIF)Za Mezivládní organizaci pro mezinárodní železniční přepravu (OTIF)For Den Mellemstatslige Organisation for Internationale Jernbanebefordringer (OTIF)Für die Zwischenstaatliche Organisation für den internationalen Eisenbahnverkehr (OTIF)Rahvusvaheliste Raudteevedude Valitsustevahelise Organisatsiooni (OTIF) nimelΓια το Διακυβερνητικό Οργανισμό Διεθνών Σιδηροδρομικών Μεταφορών (OTIF)For the Intergovernmental Organisation for International Carriage by Rail (OTIF)Pour l'Organisation intergouvernementale pour les transports internationaux ferroviaires (OTIF)Per l'Organizzazione intergovernativa per i trasporti internazionali per ferrovia (OTIF)Starptautisko dzelzceļa pārvadājumu starpvaldību organizācijas (OTIF) vārdā –Tarptautinio vežimo geležinkeliais tarpvyriausybinės organizacijos (OTIF) varduA Nemzetközi Vasúti Fuvarozásügyi Államközi Szervezet (OTIF) részérőlGħall-Organizzazzjoni Intergovernattiva għat-Trasport Internazzjonali bil-Ferrovija (OTIF)Voor de Intergouvernementele Organisatie voor het internationale spoorwegvervoer (OTIF)W imieniu Międzyrządowej Organizacji Międzynarodowych Przewozów Kolejami (OTIF)Pela Organização Intergovernamental para os Transportes Internacionais Ferroviários (OTIF)Pentru Organizația Interguvernamentală pentru Transporturile Internaționale Feroviare (OTIF)Za Medzivládnu organizáciu pre medzinárodnú železničnú prepravu (OTIF)Za Medvladno organizacijo za mednarodni železniški promet (OTIF)Valtioiden välisen kansainvälisten rautatiekuljetusten järjestön (OTIF) puolestaFör Mellanstatliga organisationen för internationell järnvägstrafik (Otif)+++++ TIFF +++++--------------------------------------------------

Summary:
Intergovernmental Organisation for International Carriage by Rail (OTIF)
Intergovernmental Organisation for International Carriage by Rail (OTIF)
SUMMARY OF:
Decision 2013/103/EU signing and conclusion of the agreement on the EU’s accession to the Convention concerning International Carriage by Rail (COTIF), as amended by the 1999 Vilnius Protocol
Agreement on the EU’s accession to the Convention concerning International Carriage by Rail (COTIF), as amended by the 1999 Vilnius Protocol
WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION?
              
The decision concludes on behalf of the EU the agreement to accede to the Convention concerning International Carriage by Rail (COTIF), as amended by the 1999 Vilnius Protocol.
The decision gives the EU exclusive competence to legislate on various rail transport matters which are covered by COTIF.
KEY POINTS
              
The Intergovernmental Organisation for International Carriage by Rail (OTIF) was established on 1 May 1985 following the 1980 Convention concerning International Carriage by Rail (COTIF 1980). COTIF 1980 was subsequently amended by the Vilnius Protocol of 3 June 1999 (now COTIF 1999).
The Convention concerning International Carriage by Rail (COTIF) is OTIF’s basic text. It governs the running of the organisation, as well as its objectives, attributions, relations with its member countries and its activities in general.
The aim of OTIF is to promote, improve and facilitate international rail traffic, in particular by:
establishing and developing systems of uniform law in regard to: the international carriage of passengers and goods in international rail traffic;the use of wagons as means of transport in international rail traffic;the use of infrastructure in international rail traffic;the carriage of dangerous goods in international rail traffic;
contributing to removing certain obstacles to the crossing of frontiers in international rail traffic;
contributing to interoperability and technical harmonisation in the rail sector;
establishing a uniform procedure for the technical admission of railway material intended for use in international traffic;
monitoring the application of all the rules and recommendations established by OTIF.
In line with Article 3(2) of the Treaty on the Functioning of the European Union, the EU has exclusive competence to legislate on various rail transport matters which are covered by COTIF. The accession of the EU to COTIF is therefore essential to enable the EU to exercise its competence in international rail relations where this internal competence has been established. For this reason, EU countries meeting in the Council agree an EU position prior to the EU’s participation in COTIF meetings. EU accession to COTIF also safeguards legal security for other OTIF members entering into rail relations with EU countries, since the latter may no longer enjoy rights or assume obligations individually with respect to non-EU countries on matters where the EU as a whole is competent.
EU accession to COTIF facilitates the development of a uniform legal system applicable to the international carriage of passengers and freight by rail across the countries which are members of OTIF. Accession is not only a legal obligation for the EU; it is also in the interest of the promotion of rail transport worldwide.
OTIF headquarters are based in Bern, Switzerland and the running of the organisation is ensured by:
the Secretary General,
the General Assembly,
the Administrative Committee,
the Revision Committee,
the Committee of Experts for the Carriage of Dangerous Goods,
the Committee of Technical Experts, and
the Rail Facilitation Committee.
OTIF currently has 49 member countries from Europe, the Middle East, Asia and North Africa, and 1 associate member country (Jordan).
DATE OF ENTRY INTO FORCE
              
The agreement entered into force on 1 July 2011 and the EU acceded to this convention, as a regional economic integration organisation.
BACKGROUND
              
For more information, see:
About OTIF (OTIF).
MAIN DOCUMENTS
            
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, pp. 1-7)
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, pp. 8-10)
RELATED DOCUMENTS
            
Council Decision (EU) 2018/768 of 22 May 2018 establishing the position to be adopted, on behalf of the European Union, at the 55th session of the Committee of Experts for the Carriage of Dangerous Goods of the Intergovernmental Organisation for International Carriage by Rail as regards certain amendments to Appendix C to the Convention concerning International Carriage by Rail (OJ L 129, 25.5.2018, pp. 77-79)
Council Decision (EU) 2018/319 of 27 February 2018 establishing the position to be adopted on behalf of the European Union at the 26th session of the Revision Committee of the Intergovernmental Organisation for International Carriage by Rail as regards certain amendments to the Convention concerning International Carriage by Rail and to the Appendices thereto (OJ L 62, 5.3.2018, pp. 10-17)
Consolidated version of the Treaty on the Functioning of the European Union — Part One — Principles — Title I — Categories and areas of Union competence — Article 3 (OJ C 202, 7.6.2016, p. 51)
Council Decision (EU) 2016/833 of 17 May 2016 establishing the position to be adopted, on behalf of the European Union, at the 54th session of the Committee of Experts for the Carriage of Dangerous Goods set up by the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards certain amendments to Appendix C to the Convention concerning International Carriage by Rail (OJ L 140, 27.5.2016, pp. 12-14)
Position (EU) No 13/2015 of the Council at first reading with a view to the adoption of a Directive of the European Parliament and of the Council on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC Adopted by the Council on 18 September 2015 (OJ C 360, 30.10.2015, pp. 1-36)
Council Decision (EU) 2015/1734 of 18 September 2015 establishing the position to be adopted on behalf of the European Union at the 12th General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices (OJ L 252, 29.9.2015, pp. 43-48)
Information relating to the entry into force 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 183, 13.7.2011, p. 1)
last update 19.12.2018