CELEX: 52016PC0089
Language: en
Date: 2016-02-26
Title: Proposal for a COUNCIL DECISION establishing the position to be adopted by the Union at the 54th session of the OTIF Committee of Experts on the Transport of Dangerous Goods as regards certain amendments to Appendix C to the Convention concerning International Carriage by Rail (COTIF) as applicable from 1 January 2017

EUROPEAN COMMISSION
            Brussels, 26.2.2016
            COM(2016) 89 final
            2016/0053(NLE)
            Proposal for a
            COUNCIL DECISION
            establishing the position to be adopted by the Union at the 54th session of the OTIF Committee of Experts on the Transport of Dangerous Goods as regards certain amendments to Appendix C to the Convention concerning International Carriage by Rail (COTIF) as applicable from 1 January 2017
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               
                  The proposed Council Decision has the objective to establish the position of the European Union at the OTIF Committee of Experts on the Transport of Dangerous Goods (henceforth "RID expert committee") due to take place on 25 May 2016 as regards certain amendments to the technical and administrative provisions contained in the Annex to Appendix C to the Convention concerning International Carriage by Rail (COTIF), which are due to be decided upon by the said committee. 
               
               
                  The above mentioned annex, commonly known as the RID, regulates the international transport of dangerous goods by rail between those COTIF Contracting States that apply the RID rules (RID Contracting States).
               
            
            
               2.RESULTS OF CONSULTATIONS WITH INTERESTED PARTIES AND IMPACT ASSESSMENTS 
            
            
               
                  The international provisions relating to the transport of dangerous goods are established in various international organisations, such as OTIF, United Nations Economic Commission for Europe (UN-ECE) and various specialised agencies of the United Nations. Since the rules need to be compatible with one another, a complex international system for coordination and harmonisation has been developed between the organisations involved in this work. The provisions are adapted following a two-year cycle. 
               
               
                  A large range of public and private sector experts has been consulted during the preparation of these amendments. The following technical meetings have been carried out during the development of these amendments: 
               
               
                  at the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods in its:
               
            
            
               (1) 43rd session in Geneva, 24 – 28 June 2013,
            
            
               (2) 44th session in Geneva, 25 November – 4 December 2013, 
            
            
               (3) 45th session in Geneva, 23 June – 2 July 2014, and
            
            
               
                  (4) 46th session in Geneva, 1–9 December 2014,
               
               
                  at the UN-ECE – OTIF Joint Meeting of the RID Committee of Experts and the Working Party on the Transport of Dangerous Goods in its 
               
               
                  (1) autumn 2014 session in Geneva, 15-19 September 2014
               
               
                  (2) spring 2015 session in Bern, 23-27 March 2015
               
               
                  (3) autumn 2015 session in Geneva, 15-25 September 2015, and
               
               
                  (4) there will be still another Joint Meeting (spring 2016 session in Bern, 14-18 March 2016) which is expected to recommend further amendments applicable on 1 January 2017, 
               
               
                  at the standing working group of the RID committee of experts in its 
               
               
                  (1) fourth session in Madrid, 17-20 November 2014, and 
               
            
         
         
            
               
                  (2) fifth session in Zagreb, 23-27 November 2015. 
               
               
                  In these meetings the individual proposals for amendments have been analysed and processed by the expert committees. In most cases the recommended action has been agreed upon unanimously. Certain proposals have been recommended by a majority view of the experts. The OTIF Committee of Experts on the Transport of Dangerous Goods will take decisions on these proposals on 25 May 2016.
               
               
                  The committee on the transport of dangerous goods, established under Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods
                     1
                  , carried out preliminary discussions on the proposals in its meeting on 14 December 2015.
               
            
            
               3.LEGAL ELEMENTS OF THE PROPOSAL
            
            
               
                  The European Union acceded to COTIF in July 2011 by virtue of Council Decision 2013/103/EU
                     2
                  . COTIF is a mixed agreement where both the Union and most of the Member States are Contracting Parties. Annex III to the Decision establishes the internal arrangements for the Council, the Member States and the Commission in proceedings under OTIF. In matters of exclusive EU competence, the EU votes with the number of votes of all Member States which are members of COTIF. There are 26 EU Member States that are also Member States of COTIF. Currently there are forty-five RID Contracting states and fifty OTIF Member States.
               
               
                  Since 1 January 1997 the European Union has applied the provisions of RID to all transport on the EU territory, initially pursuant to Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail
                     3
                  . In 2008, Directive 96/49/EC was replaced by Directive 2008/68/EC which pursues the principles of its predecessor. 
               
               
                  Article 4 of Directive 2008/68/EC, concerning third countries establishes that "The transport of dangerous goods between Member States and third countries shall be authorised in so far as it complies with the requirements of the ADR, RID or ADN, unless otherwise indicated in the Annexes". In addition, Recital 12 of the Directive establishes that "The use of means of transport registered in third countries should be allowed for the international transport of dangerous goods within the territories of the Member States, subject to compliance with the relevant provisions of the ADR, RID or ADN and of this Directive". Therefore the matter of the above mentioned amendments falls entirely within exclusive Union competence.
               
               
                  Thus, in accordance with Article 35 of COTIF, once decided upon by the RID expert committee, the amendments shall enter into force for all Contracting Parties on the first day of the sixth month following that during which the Secretary General has given notice of them to the Contracting Parties. A contracting party may formulate an objection within the period of four months from the day of the notification. In the case of objection by one-quarter of the Contracting Parties, the modification shall not enter into force.
               
               
                  In the Contracting Parties which have formulated objections against a decision within the foreseen period, the application of the Appendix in question shall be suspended, in its entirety, from the moment the decisions take effect, in so far as it concerns traffic with and between those parties. However, in the case of objection to the validation of a technical standard or to the adoption of a uniform technical prescription, only that standard or prescription shall be suspended in respect of traffic with and between the Member States from the time the decisions take effect; the same shall apply in the case of a partial objection.
               
               
                  Unless a sufficient number of objections are raised by the parties, the amendments concerned under this proposal are expected to enter into force on 1 January 2017 and become binding on the Union and the Member States, forming an integral part of the Union acquis.
               
               
                  Finally, Article 38 of COTIF establishes that for the purposes of the exercise of the right to vote and the right to object provided for in Article 35§2 and 35§4, the regional organisation, in particular the European Union shall enjoy the number of votes equal to those of its members which are also Member States of the Organisation. 
               
               
                  The proposal has been developed based on the provisions of the Council Decision on EU accession to COTIF. The legal basis of the proposed Council Decision is Article 91 TFEU in conjunction with Article 218(9) TFEU.
               
               
                  The draft proposal provides for in Article 1 a detailed list of the envisaged amendments, specifying which amendments can be accepted by the Union. The envisaged amendments are considered to be appropriate for the safe transport of dangerous goods in a cost effective manner, taking into account technological progress, and can therefore be supported.
               
            
            
               4.IMPLEMENTATION IN THE EUROPEAN UNION
            
            
               
                  The above mentioned amendments, to the extent that they become binding on the Union, will need to be incorporated into Directive 2008/68/EC on the inland transport of dangerous goods, which applies uniform rules under COTIF to the transport of dangerous goods by road, by rail or by inland waterway within or between Member States. To this end, the Commission has been empowered to adapt Annex II, Section II.1 to Directive 2008/68/EC to scientific and technical progress by means of implementing acts. Once the objection period as regards the notification by the Secretary General of OTIF has expired, the Commission will launch the adaptation process.
               
            
            
               2016/0053 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               establishing the position to be adopted by the Union at the 54th session of the OTIF Committee of Experts on the Transport of Dangerous Goods as regards certain amendments to Appendix C to the Convention concerning International Carriage by Rail (COTIF) as applicable from 1 January 2017
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
         
         
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 in conjunction with Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The Union acceded to the Convention concerning International Carriage by Rail of 9 May 1980 as amended by the Vilnius Protocol of 3 June 1999 (hereinafter referred to as the ‘COTIF Convention’), by virtue of Council Decision 2013/103/EU
                  4
               .
            
            
               (2)All Member States, with the exception of Cyprus and Malta, are contracting parties to and apply the COTIF Convention.
            
            
               (3)Directive 2008/68/EC of the European Parliament and of the Council
                  5
                lays down requirements for the transport of dangerous goods by road, by rail or by inland waterway within or between Member States, by referring to the Regulations concerning the International Carriage of Dangerous Goods by Rail, appearing as Appendix C to the COTIF Convention (RID Annex). In addition, Article 4 of this Directive provides that ‘The transport of dangerous goods between Member States and third countries shall be authorised in so far as it complies with the requirements of the ADR, RID or ADN, unless otherwise indicated in the Annexes.’ 
            
            
               (4)The Committee of Experts on the Transport of Dangerous Goods set up in accordance with Article 13(1)(d) of the COTIF Convention, at its 54th session due to take place on 25 May 2016, is expected to decide upon certain amendments to the RID Annex. These amendments, which concern technical standards or uniform technical prescriptions, have the objective to ensure safe and efficient transport of dangerous goods whilst taking into account scientific and technical progress in the sector and the development of new substances and articles that pose danger during their transport.
            
            
               (5)The committee on the transport of dangerous goods established by Article 9 of Directive 2008/68/EC has carried out preliminary discussions on these amendments.
            
            
               (6)All the proposed amendments are justified and beneficial, and should therefore be supported by the Union,
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               Position of the European Union
            
            
               1.   The position to be taken by the European Union at the 54th session of the Committee of experts on the transport of dangerous goods in the framework of the Convention concerning international carriage by rail shall be in accordance with the Annex to this Decision.
            
            
               2.   Minor changes to the documents mentioned in the Annex to this Decision may be agreed by the representatives of the Union in the above-mentioned body without further decision of the Council.
            
            
               Article 2
            
            
               Publication
            
            
               This Decision shall be published in the Official Journal of the European Union indicating its entry into force. 
            
            
               Article 3
            
            
               Entry into force
            
            
               This Decision shall enter into force on the day of its adoption.
            
         
         
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  OJ L 260, 30.9.2008, p. 8.
               
               
                  
                     (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 the Vilnius Protocol of 3 June 1999 (OJ L 51, 23.2.2013, p. 1).
               
               
                  
                     (3)
                  OJ L 235, 17.9.1996, p. 25.
               
               
                  
                     (4)
                  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).
               
               
                  
                     (5)
                  Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods, OJ L 260, 30.9.2008, p. 13.
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 26.2.2016
            COM(2016) 89 final
            ANNEX
            to the
            Proposal for a Council Decision
            establishing the position to be adopted by the Union at the 54th session of the OTIF Committee of Experts on the Transport of Dangerous Goods as regards certain amendments to Appendix C to the Convention concerning the International Carriage by Rail (COTIF) applicable from 1 January 2017
            
               
         
         
            
               ANNEX
            
            
               to the
            
            
               Proposal for a Council Decision
            
            
               establishing the position to be adopted by the Union at the 54th session of the OTIF Committee of Experts on the Transport of Dangerous Goods as regards certain amendments to Appendix C to the Convention concerning the International Carriage by Rail (COTIF) applicable from 1 January 2017
            
            
                     
                        Proposal
                     
                  
                  
                     
                        Reference document
                     
                  
                  
                     
                        Issue 
                     
                  
                  
                     
                        Comments 
                     
                  
                  
                     
                        EU Position
                     
                  
               
                     
                        1
                     
                  
                  
                     
                        OTIF/RID/CE/GTP/2015/2
                     
                     
                        OTIF/RID/CE/GTP/INF.14
                     
                     
                        OTIF/RID/CE/GTP/INF.15
                     
                  
                  
                     
                        Inclusion of obligations for Entities in Charge of Maintenance (ECM) in RID
                     
                  
                  
                     
                        Technical consensus at the OTIF Standing Working Group to adopt a text as amended
                     
                  
                  
                     
                        Agree with the amendments as revised in the Standing Working Group
                     
                  
               
                     
                        2
                     
                  
                  
                     
                        OTIF/RID/CE/GTP/2015/3
                     
                  
                  
                     
                        Amendment of special provision TU 16 in RID/ADR/ADN Chapter 4.3
                     
                  
                  
                     
                        Technical consensus at the OTIF Standing Working Group
                     
                  
                  
                     
                        Agree with the amendments as revised in the Standing Working Group
                     
                  
               
                     
                        3
                     
                  
                  
                     
                        OTIF/RID/CE/GTP/2015/5
                     
                  
                  
                     
                        Carrier's duty to inform the train driver of the position of dangerous goods in the train
                     
                  
                  
                     
                        Technical consensus at the OTIF Standing Working Group
                     
                  
                  
                     
                        Agree with the amendments as revised in the Standing Working Group
                     
                  
               
                     
                        4
                     
                  
                  
                     
                        OTIF/RID/CE/GTP/2015/6
                     
                  
                  
                     
                        Flexible bulk containers
                     
                  
                  
                     
                        Technical consensus at the OTIF Standing Working Group
                     
                  
                  
                     
                        Agree with the text for flexible bulk containers in OTIF/RID/CE/GTP/2015/12
                     
                  
               
                     
                        5
                     
                  
                  
                     
                        OTIF/RID/CE/GTP/2015/7
                     
                  
                  
                     
                        Definitions of “full load”/“wagon load”
                     
                  
                  
                     
                        Technical consensus at the OTIF Standing Working Group
                     
                  
                  
                     
                        Agree with the amendments
                     
                  
               
                     
                        6
                     
                  
                  
                     
                        OTIF/RID/CE/GTP/2015/12
                     
                     
                        OTIF/RID/CE/GTP/2015/INF.2
                     
                     
                        OTIF/RID/CE/GTP/2015/INF.3
                     
                  
                  
                     
                        Various consolidated amendments agreed by the standing working group
                     
                  
                  
                     
                        Technical consensus at the OTIF Standing Working Group
                     
                  
                  
                     
                        Agree with the amendments
                     
                  
               
                     
                        7
                     
                  
                  
                     
                        Idem  
                     
                  
                  
                     
                        Amendments left for further examination by the Standing Working Group
                     
                  
                  
                     
                        -
                     
                  
                  
                     
                        - 
                     
                  
               
                     
                        8
                     
                  
                  
                     
                        Idem 
                     
                  
                  
                     
                        Those calling for a common view from the UN-ECE – OTIF Joint Meeting
                     
                  
                  
                     
                        Efficient multimodal transport needs to be facilitated
                     
                  
                  
                     
                        Agree with the amendments as recommended by the Joint Meeting
                     
                  
               
                     
                        9
                     
                  
                  
                     
                        OTIF/RID/CE/GTP/2015/14
                     
                  
                  
                     
                        Notifications of occurrences involving dangerous goods in accordance with RID 1.8.5; Hamburg-Billwerder, 3 July 2013
                     
                  
                  
                     
                        Technical consensus at the OTIF Standing Working Group
                     
                  
                  
                     
                        Agree with the amendments as revised in the Standing Working Group
                     
                  
               
                     
                        10
                     
                  
                  
                     
                        OTIF/RID/CE/GTP/2015/INF.4
                     
                  
                  
                     
                        Protective distance for road vehicles
                     
                  
                  
                     
                        Technical consensus at the OTIF Standing Working Group
                     
                  
                  
                     
                        Agree with the amendments