CELEX: 52015PC0389
Language: en
Date: 2015-08-21
Title: Proposal for a COUNCIL DECISION establishing the position to be adopted by the Union at the 12th General Assembly of OTIF as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices

EUROPEAN COMMISSION
            Brussels, 21.8.2015
            COM(2015) 389 final
            2015/0180(NLE)
            Proposal for a
            COUNCIL DECISION
            establishing the position to be adopted by the Union at the 12th General Assembly of OTIF as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               The proposed Council Decision has the objective to establish the position of the European Union at the 12th General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF) due to take place from 29 to 30 September 2015 as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) as well as to its Appendices D (Uniform Rules concerning Contracts of Use of Vehicles in International Rail Traffic – CUV), 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) and G (Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic – ATMF) which are due to be decided upon by the General Assembly.
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               The proposed amendments to COTIF and to its Appendices related to Union law aim explicitly at clarifying the scope of the Appendices F and G as well as the roles of the keeper and of the entity in charge of maintenance in line with EU law, in particular the Railway Safety Directive
                  1
               .
            
            
               •Consistency with other Union policies
            
            
               The proposed amendments to COTIF and to its Appendices have no direct link to other Union policies.
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               •Legal basis
            
            
               The amendments to COTIF and to its Appendices to be discussed by the General Assembly of OTIF relate to common rules applicable to international transport to or from the territory of the Union or passing across the territory of the Union. The proposed Council Decision is aimed at establishing the position to be adopted on the Union's behalf in a body set up by an agreement, when the body is called upon to adopt acts having legal effects. Thus, the legal basis of the proposed Council Decision is Article 91 TFEU in conjunction with Article 218(9) TFEU.
            
            
               •Subsidiarity (for non-exclusive competence) 
            
            
               The European Commission only proposes an EU position for amendments which have a direct link to Union law, in particular on railway safety and interoperability and for editorial amendments which update the denomination of the European Union in line with the Lisbon Treaty.
            
            
               •Proportionality
            
            
               The substantial amendments to COTIF and to its Appendices clarify the scope of the Appendices F and G as well as the roles of the keeper and of the entity in charge of maintenance in line with EU law, in particular the Railway Safety Directive. The proposed Union position is fully in line with the Union position represented at the 25th session of the Revision Committee of OTIF by Council Decision of 24 June 2014 establishing the position to be adopted on behalf of the European Union at that session (2014/699/EU)
                  2
               .
            
            
               •Choice of the instrument
            
            
               According to Article 218(9) TFEU, the Council shall adopt a decision on a proposal from the Commission or the High Representative of the Union for Foreign Affairs and Security Policy to establish the position to be represented by the Union in a body set up by an agreement, when the body is called upon to adopt acts having legal effects.
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               •Ex-post evaluations/fitness checks of existing legislation
            
         
         
            
               Amendment proposals to COTIF and its Appendices have been discussed and voted upon by the OTIF Revision Committee at its 25th session of 25 to 26 June 2014 or, as for the partial revision of Appendix B (Uniform Rules concerning the Contract of International Carriage of Goods by Rail – CIM), in written procedure
                  3
               . The Consolidated Explanatory Report has been adopted by the Revision Committee in written procedure.
                  4
                Amendments to Appendix G (ATMF) and to Appendix D (CUV) have been discussed at several meetings of dedicated working groups within the Intergovernmental Organsation for International Carriage by Rail (OTIF). Both the European Commission and the European Railway Agency (ERA) have taken part actively in all these meetings, together with a number of Member States. Similar discussions in dedicated working groups within OTIF with the participation of the European Commission and several Member States on Appendices B (CIM) and E (Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic – CUI) have not led to formal amendment proposals to be adopted by the 12th General Assembly. Besides, the European Commission arranged for a working group for EU Member States and representatives of the railway sector which discussed amendment proposals raised by EU Member States that had not been discussed at the 25th session of the Revision Committee of OTIF.
            
            
               •Stakeholder consultations
            
            
               Representatives of the railway sector such as the Community of European Railway and Infrastructure Companies (CER), the European Rail Infrastructure Managers (EIM), the International Rail Transport Committee (CIT), the International Union of Railways (UIC), the European Rail Freight Association (ERFA), the International Union of Wagon Keepers (UIP) have actively participated in the discussions of the relevant meetings referred to above.
            
            
               •Collection and use of expertise
            
            
               Not applicable.
            
            
               •Impact assessment
            
            
               The proposed amendments to COTIF and to its Appendices concerning Union law are based on existing Union legislation, this having been an explicit aim of OTIF. The position to be adopted by the Union is fully in line with the position adopted by the Council for the 25th session of the Revision Committee of OTIF (Council Decision 2014/699/EU). Thus, no impact assessment was needed for this proposal.
            
            
               •Regulatory fitness and simplification
            
            
               Not relevant.
            
            
               •Fundamental rights
            
            
               The proposal has no consequences on fundamental rights.
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               The proposal has no budgetary implications.
            
            
               5.OTHER ELEMENTS
            
            
               •Implementation plans and monitoring, evaluation and reporting arrangements
            
            
               The amendments adopted will enter into force in accordance with the relevant provisions of COTIF. No monitoring, evaluation and reporting arrangements are necessary on behalf of the European Union.
            
            
               •Explanatory documents (for directives)
            
            
               Not relevant.
            
            
               •Detailed explanation of the specific provisions of the proposal
            
            
               The Union acceded to COTIF in July 2011 by virtue of Council Decision 2013/103/EU
                  5
               . COTIF is a mixed agreement where both the Union and all 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 parties to COTIF. There are 26 EU Member States that are also Member States of OTIF. However, 1 EU Member State has not ratified COTIF 1999 while 3 EU Member States have not withdrawn their declarations concerning the non-application of Appendices E (CUI) and F (APTU) and G (ATMF) made when these Appendices were still incompatible with EU law. As a result, these EU Member States cannot vote on amendments which concern provisions they do not apply. OTIF has 44 active Member States (membership of 2 non-EU Member States has been suspended until international rail traffic is restored and 2 non-EU Member States have lost their voting rights in accordance with the provisions of COTIF).
            
         
         
            
               In accordance with Article 34 of Title VI of COTIF, modifications of the Convention itself, decided upon by the General Assembly, shall enter into force for all contracting parties twelve months after their approval by two thirds of the Member States with the exception of those having made a declaration before the entry into force in terms that they do not approve such modifications. Modifications of the Appendices to the Convention, decided upon by the General Assembly, shall enter into force for all Member States twelve months after their approval by half of the Member States which have not made a declaration on the non-application of the relevant Appendices in their entirety, with the exception of those having made a declaration before the entry into force in terms that they do not approve such modifications.
            
            
               The General Assembly may specify, at the time of adoption of a modification, that it is such that any Member State which will have made a declaration of its non-approval and which will not have approved the modification within the period of eighteen months running from its entry into force will cease, on the expiration of this period, to be a Member State of OTIF.
            
            
               When decisions of the General Assembly concern Appendices to the Convention, the application of the Appendix in question shall be suspended, in its entirety, from the entry into force of the decisions, for traffic with and between the Member States which have made a declaration of non-approval of its modifications.
            
            
               As from the date when the modifications of the Convention or of its Appendices enter into force, they will become binding on the Union and its Member States, forming an integral part of the Union acquis.
            
            
               According to Article 38 of Title VII of COTIF, the European Union as a regional organisation having acceded to COTIF may exercise the rights enjoyed by its members by virtue of the Convention to the extent that they cover matters for which it is competent. 
            
            
               The proposal for a Council Decision provides for in its Annex a detailed list of the envisaged amendments, specifying which amendments can be accepted by the Union as presented by the Secretary General at the 12th General Assembly. Some envisaged amendments, in particular those to Articles 12 and 20 of COTIF as well as the amendments to Appendices D, F and G are linked to Union law on railway safety and interoperability; they are considered to be appropriate for safe and reliable international rail transport, taking into account technological progress, and can therefore be supported. Editorial amendments such as the one to Article 3 of COTIF update the denomination of the European Union in line with the Lisbon Treaty (similar amendments have been adopted at the 25th session of the Revision Committee for provisions lying in the competence of that body). For other amendments (in particular the ones regarding administrative arrangements and financing of OTIF), no EU position is proposed.
            
            
               2015/0180 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               establishing the position to be adopted by the Union at the 12th General Assembly of OTIF as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices
            
            
               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 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 (OTIF) on the accession of the European Union to the said Convention
                  6
               .
            
            
               (2)All Member States, with the exception of Cyprus and Malta are contracting parties to and apply the COTIF Convention.
            
            
               (3)The General Assembly set up in accordance with Article 13§1(a) of the COTIF Convention, at its 12th session due to take place from 29 to 30 September 2015, is expected to decide upon certain amendments to the COTIF Convention as well as to its Appendices D (Uniform Rules concerning Contracts of Use of Vehicles in International Rail Traffic – CUV), 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) and G (Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic – ATMF).
            
            
               (4)The position of the Union on the items retained for this purpose is to be adopted under Article 218(9) TFEU since the decisions on these amendments to be taken by the General Assembly are acts having legal effects and their subject matter falls under Union competence.
            
            
               (5)The amendments to the COTIF Convention have the objective (a) to update the tasks of the Committee of Technical Experts and a reference to the definition of “keeper” in line with EU law and (b) to modify certain rules concerning the financing of OTIF, its auditing and reporting as well as minor administrative changes.
            
            
               (6)The amendments to Appendix D (CUV) presented by the Secretary General of OTIF have the objective to clarify the roles of the keeper and the entity in charge of maintenance in the contracts of use of vehicles in international rail traffic.
            
         
         
            
               (7)The amendments to Appendices G (ATMF) and F (APTU) aim at clarifying their scope by the deletion of the reference to "other railway material".
            
            
               (8)The above-mentioned amendments fall under Union competence and are in line with the law and with the strategic objectives of the European Union, and should therefore be supported by the Union.
            
            
               (9)Consequently, the Union position as annexed to this decision should be adopted. The Union position should be represented at the General Assembly.
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               1.
                     The position to be taken by the European Union at the 12th session of the General Assembly 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 General Assembly without further Decision of the Council.
            
            
               Article 2
            
            
               The Decisions to be adopted by the General Assembly shall be published in the Official Journal of the European Union, indicating their entry into force.
            
            
               Article 3
            
            
               This Decision shall enter into force on the day of its adoption.
            
            
               Article 4
            
            
               This Decision is addressed to the Commission and to the Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), OJ L 164/44 of 30.4.2004 as amended by multiple acts, in particular Directive 2008/110/EC of the European Parliament and of the Council, OJ L 345/62 of 23.12.2008. 
               
               
                  
                     (2)
                  Council Decision of 24 June 2014 establishing the position to be adopted on behalf of the European Union at the 25th session of the OTIF Revision Committee as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to the Appendices thereto, OJ L 293/26 of 9.10.2014/
               
               
                  
                     (3)
                  Circular of the OTIF Revision Committee A 55-25/505.2015 of 23.04.2015.
               
               
                  
                     (4)
                  Circular of the OTIF Revision Committee A 55-25/504.2015 of 23.04.2015.
               
               
                  
                     (5)
                  Council Decision 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 51/1 of 23.2.2013.
               
               
                  
                     (6)
                  OJ L 51 of 23.2.2013, p.1.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 21.8.2015
            COM(2015) 389 final
            ANNEX
            to the
            Council Decision
            establishing the position to be adopted by the Union at the 12th General Assembly of OTIF as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices
            
               
         
         
            
               ANNEX
            
            
               to the
            
            
               Council Decision
            
            
               establishing the position to be adopted by the Union at the 12th General Assembly of OTIF as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices
            
            
               1.Introduction
            
            
               The Secretary General of the Intergovernmental Organisation for International Carriage by Rail (OTIF) has convened the 12th General Assembly of the Organisation in Berne on 29-30 September 2015.
            
            
               The objective of this document is to develop the EU coordinated position to be presented at the General Assembly. The document was prepared by DG MOVE with the help of other Commission services involved.
            
            
               2.Referenced documents
            
            
               Documents concerning the agenda items were circulated to OTIF Member States on 15 May 2015 and are available on the website of OTIF at the following link: 
               
                  http://www.otif.org/en/law/general-assembly/working-documents-concerning-revision-of-cotif.html
               
               .
            
            
               3.Comments on each agenda item
            
            
               Item 1. Election of the Chairman and Vive-Chairmen
            
            
               Document: none. 
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: none.
            
            
               Item 2. Adoption of the agenda
            
            
               Documents: AG 12/2, AG 12/2 Add.1.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: none.
            
            
               Item 3. Formation of the Credentials Committee
            
         
         
            
               Document: none.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: none.
            
            
               Item 4. Organisation of the work and designation of any Committees considered necessary
            
            
               Document: none.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: none.
            
            
               Item 5. Election of a Secretary General for the period from 1 January 2016 to 31 December 2018
            
            
               Documents: AG 12/5, AG 12/5.1, AG 12/5.2.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: none.
            
            
               Both candidates for the post are from EU Member States (Austria and France).
            
            
               Item 6. Members of OTIF – general situation
            
            
               Document: AG 12/6.
            
            
               Exercising voting rights: not applicable.
            
            
               Coordinated position: none.
            
            
               Item 7. Budget framework
            
            
               Documents: AG 12/7.1, AG 12/7.2.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: none.
            
         
         
            
               Item 8. Partial revision of COTIF – Basic Convention
            
            
               Documents: AG 12/8, AG 12/8 Add. 1, AG 12/8 Add. 2.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: 
            
            
               Amendments for Article 3 (International cooperation) to be supported (editorial change to replace the reference to the "European Communities" with a reference to the "European Union). 
            
            
               Amendments for Article 12 (Execution of judgements. Attachment) to be supported as it amends the definition of "keeper" in line with EU law.
            
            
               Amendments for Article 20 (Committee of Technical Experts) to be supported as they are necessary to update the Uniform Rules APTU and ATMF in order to keep them in line with EU law. 
            
            
               Other amendments: no EU position.
            
            
               Item 9. Partial Revision of Appendix B (CIM UR)
            
            
               Document: AG 12/9.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: to take note of the Secretary General's report on the progress and continuation of the work on revising this Appendix.
            
            
               Item 10. Partial revision of Appendix D (CUV UR)
            
            
               Documents: AG 12/10, AG 12/10 Add. 1, AG 12/10 Add. 2, AG 12/10 Add. 3.
            
            
               Exercising voting rights: EU.
            
            
               Coordinated position: 
            
            
               Amendments to Article 9 and to the Explanatory Report to be supported, in line with the EU position represented at the 25th session of the Revision Committee of OTIF
                  1
               , as they clarify the roles of the keeper and of the entity in charge of maintenance in line with EU law. 
            
            
               The new Article 1a proposed by Germany in document AG 12/10 Add. 3 was discussed and supported by an EU working group of representatives of Member States and of the railway sector which met on 26 November 2014. A similar provision also exists in CIM (Article 2 – Prescriptions of public law). Thus, this proposal is to be supported as well.
            
            
               Item 11. Partial revision of Appendix F (APTU UR)
            
            
               Document: AG 12/11.
            
         
         
            
               Exercising voting rights: EU.
            
            
               Coordinated position: amendment to Article 3 aimed at the clarification of the scope by the deletion of "other railway material" and the relevant modification of the Explanatory Report to be supported.
            
            
               Item 12. Revision of Appendix G (ATMF UR)
            
            
               Document: AG 12/12.
            
            
               Exercising voting rights: EU.
            
            
               Coordinated position: amendments to Articles 1 and 3 aimed at the clarification of the scope by the deletion of "other railway material" and the relevant modification of the Explanatory Report to be supported.
            
            
               Item 13. Revised and consolidated Explanatory Report
            
            
               Documents: AG 12/13, AG 12/13 Add.1-10.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: to note the revised and consolidated Explanatory Report and to mandate the Secretary General to include the explanations adopted by this General Assembly which relate to the amendments to COTIF and its Appendices adopted by this General Assembly.
            
            
               Item 14. Unified Railway Law
            
            
               Document: AG 12/14.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: none.
            
            
               Item 15. Report on the activities of the Administrative Committee in the period between 1 October 2012 and 30 September 2015
            
            
               Document: AG 12/15.
            
            
               Exercising voting rights: MS.
            
            
               Coordinated position: none.
            
            
               Item 16. Election of the Administrative Committee for the period between 1 October 2015 and 30 September 2018 (composition and chair)
            
            
               Document: AG 12/16.
            
         
         
            
               Exercising voting rights: MS.
            
            
               Coordinated position: none.
            
            
               Item 17. Provisional date of the 13th General Assembly
            
            
               Document: none.
            
            
               Exercising voting rights: not applicable.
            
            
               Coordinated position: none.
            
            
               Item 18. Any other business
            
            
               Document: not available.
            
            
               Exercising voting rights: tbd on the spot if necessary.
            
            
               Coordinated position: tbd on the spot if necessary.
            
            
               Item 19. Any General Assembly mandates
            
            
               Document: not available.
            
            
               Exercising voting rights: tbd on the spot if necessary.
            
            
               Coordinated position: tbd on the spot if necessary.
            
            
               Item 20. Committee reports, if necessary
            
            
               Document: not available.
            
            
               Exercising voting rights: tbd on the spot if necessary.
            
            
               Coordinated position: tbd on the spot if necessary.
            
            
               Item 21. Adoption of decisions, mandates, recommendations and other General Assembly documents (final document)
            
            
               Document: not available.
            
         
         
            
               Exercising voting rights: MS.
            
            
               Coordinated position: tbd on the spot.
            
         
         
            
                  
                     (1)
                  Council Decision of 24 June 2014 establishing the position to be adopted on behalf of the European Union at the 25th session of the OTIF Revision Committee as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to the Appendices thereto (2014/699/EU) , OJ L 293/26 of 9.10.2014.