CELEX: 52022PC0059
Language: en
Date: 2022-02-23
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the 57th 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

EUROPEAN
                            COMMISSION
                                                     Brussels, 23.2.2022
                                                     COM(2022) 59 final
                                                     2022/0041 (NLE)
                                        Proposal for a
                                   COUNCIL DECISION
   on the position to be taken on behalf of the European Union at the 57th 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
EN                                                                                        EN
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
   1.        SUBJECT MATTER OF THE PROPOSAL
   This proposal concerns the decision establishing the position to be taken on the Union's behalf
   in the Organisation for International Carriage by Rail (OTIF) Committee of Experts for the
   Carriage of Dangerous Goods (RID Expert Committee). It relates to the envisaged adoption of
   certain amendments to the technical and administrative provisions contained in the Annex to
   Appendix C to the Convention concerning International Carriage by Rail (COTIF). These
   amendments are due to be decided by the said committee.
   2.        CONTEXT OF THE PROPOSAL
   2.1.      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, is an international agreement where both the Union and 25
   Member States are Contracting Parties (only Cyprus and Malta are not).
   The European Union acceded to the COTIF by means of Council Decision 2013/103/EU of
   16 June 20111.
   2.2.      The Regulation concerning the International Carriage of Dangerous Goods by
             Rail (RID)
   Under its Article 7, the COTIF also covers, inter alia, the Appendices referred to in its Article
   6. This includes the ’Regulation concerning the International Carriage of Dangerous Goods by
   Rail (RID)’, forming Appendix C to the Convention. RID applies insofar as declarations are
   not made in accordance with the relevant provisions of the COTIF2.
   RID aims to regulate the international transport of dangerous goods by rail between the OTIF
   Member States that apply RID rules (RID Contracting States)3.
   Directive 2008/68/EC on inland transport of dangerous goods4 stipulates that RID also applies
   to carriage performed within EU Member States.
   2.3.      The RID Expert Committee
   The RID Expert Committee is a body set up under Article 13(1)(d) of the COTIF. In
   accordance with Article 18 of the COTIF, the RID Expert Committee takes decisions about
   proposals aiming to amend the Convention. It is made up of representatives of OTIF Member
   States that apply RID and of the European Union.
   1
           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.
   2
           Article 42(1) of the COTIF.
   3
           Currently, there are 50 OTIF Member States and 45 RID Contracting States.
   4
           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.
EN                                                       1                                                      EN
 ---pagebreak---    2.4.      The envisaged act of the RID Expert Committee
   On 25 May 2022, during its 57th session, the RID Expert Committee is expected to adopt a
   set of amendments updating the Annex to RID (‘the envisaged act’) in light of technical and
   scientific progress.
   The purpose of the envisaged act is to ensure safe and secure transport of dangerous goods by
   rail, by updating certain provisions. These would include among others the list of dangerous
   goods admitted for carriage, the packing instructions, the list of applicable standards, and
   other technical requirements applicable for various means of containment.
   It could be noted that the international provisions on the transport of dangerous goods are
   established in various international organisations, such as OTIF. These include the United
   Nations Economic Commission for Europe (UNECE) and various specialised bodies of the
   United Nations, such as the Economic and Social Council’s (ECOSOC) Sub-Committee of
   Experts on the Transport of Dangerous Goods. Since rules need to be compatible, a complex
   international system for coordination and harmonisation has been developed among the
   organisations involved in this work. The provisions are adapted following a 2-year cycle.
   A wide range of public and private sector experts has been consulted during the preparation of
   these amendments. The following technical meetings took place during the preparation of
   these amendments:
   –         UN ECOSOC Sub-Committee of Experts on Transport of Dangerous Goods in its:
   (1)       55th session in Geneva, 1-5 July 2019;
   (2)       56th session in Geneva, 4-10 December 2019;
   (3)       57th session in Geneva, 27 November to 8 December 2020;
   –         UNECE-OTIF Joint meeting of the RID Expert Committee and the Working Party
             on the Transport of Dangerous Goods:
   (1)       autumn 2020 session in Geneva, 10-18 September 2020;
   (2)       spring 2021 session in Bern, 15-19 March 2021;
   (3)       autumn 2021 session in Geneva, 21 September to 1st October 2021;
   (4)       another session of the Joint Meeting will take place in Bern, on 14-18 March 2022;
   –         Standing Working Group of the RID Committee of Experts in its:
   (1)       12th session in Bern (video-conference), 24-26 November 2020;
   (2)       13th session in Geneva, 15-19 November 2021.
   In these meetings, the individual proposals for amendments have been analysed and processed
   by the experts of the above-mentionned committees. In most cases, the recommended action
   has been supported unanimously. For certain proposals, the recommendations are supported
   by a majority of the experts.
   In accordance with Article 35 of the COTIF, once decided upon by the RID Expert
   Committee, the amendments 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 amendment does not enter into force.
EN                                                 2                                              EN
 ---pagebreak---    Article 38 of COTIF lays down that, for the purposes of exercising the right to vote and the
   right to object provided for under Article 35(4), a regional economic integration organisation
   such as the European Union ‘shall enjoy the number of votes equal to those of its members
   which are also Member States of the Organisation’.
   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 2023 and become binding on
   the Union and the Member States, forming an integral part of the Union acquis.
   3.        POSITION TO BE TAKEN ON THE UNION'S BEHALF
   3.1.      Exclusive competence of the Union
   The Union is a full Contracting Party to COTIF.
   In addition, Article 1 of Directive 2008/68/EC provides that the Annex to RID is to apply to
   the transport of dangerous goods by rail within or between Member States, with the exception
   of those Member States that do not have a railway system. Article 4 of Directive 2008/68/EC,
   on third countries, 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
   ADR5, RID or ADN6, unless otherwise indicated in its Annexes'.
   To this end, the Commission has been empowered to adapt Annex II, Section II.1 to Directive
   2008/68/EC by means of a delegated act, pursuant to Article 8 of the Directive.
   It could also be noted that Directive 2008/68/EC on the inland transport of dangerous goods7
   is on the list of Union instruments through which the Union has exercised its competence and
   that were in force at the time of the conclusion of the Agreeent between the EU and OTIF 8.
   3.2.      Position to be taken
   Amendments to RID fall entirely within exclusive Union competence and it is necessary to
   establish a position of 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.        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
   5
           European Agreement concerning the International Carriage of Dangerous Goods by Road, concluded at
           Geneva on 30 September 1957.
   6
           European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways,
           concluded at Geneva on 26 May 2000.
   7
           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.
   8
           Appendix to Annex I to Council Decision 2013/103/EU of 16 June 2011.
EN                                                       3                                                   EN
 ---pagebreak---    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 which are ‘capable of decisively
   influencing the content of the legislation adopted by the EU legislature’9.
   4.1.2.    Application to the present case
   The act that the RID Expert Committee is called upon to adopt constitutes an act having legal
   effects. The envisaged act will be binding upon the Union under international law in
   accordance with Article 6 of RID, according to which the Annex to be amended forms an
   integral part of the Regulation.
   In addition, pursuant to Article 1 of Directive 2008/68/EC, the Annex to RID is to apply to the
   transport of dangerous goods by rail within or between Member States, with the exception of
   those Member States that do not have a railway system. Article 4 of Directive 2008/68/EC,
   on third countries, 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'.
   The envisaged act does 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.
   4.2.2.    Application to the present case
   The main objective and content of the proposed Decision relates to transport of dangerous
   goods by rail.
   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, in conjunction with Article
   218(9) TFEU.
   5.        PUBLICATION OF THE ENVISAGED ACT
   Since the proposed Decision of the RID Expert Committee will amend the annex to RID, it is
   appropriate after its adoption to publish information on the outcome of the meeting in the
   Official Journal of the European Union.
   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.
EN                                                   4                                               EN
 ---pagebreak---                                                                  2022/0041 (NLE)
                                                 Proposal for a
                                           COUNCIL DECISION
     on the position to be taken on behalf of the European Union at the 57th 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
   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 ('COTIF'), by means of
           Council Decision 2013/103/EU1.
   (2)     According to Article 6 of the COTIF, international rail traffic and admission of
           railway material in international traffic shall be governed by rules which are listed
           within this Article, notably the “Regulation concerning the International Carriage of
           Dangerous Goods by Rail (RID)”, forming Appendix C to the Convention.
   (3)     Directive 2008/68/EC of the European Parliament and of the Council2 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 RID.
   (4)     Pursuant to Article 13 (1) (d) of the COTIF, the Organisation for International
           Carriage by Rail ('OTIF') Committee of Experts for the Carriage of Dangerous Goods
           ('RID Expert Committee') may adopt amendments to the Annex to RID.
   (5)     The RID Expert Committee, during its 57th session on 25 May 2022, is to adopt
           amendments to adapt the Annex to RID to scientific and technical progress.
   (6)     It is appropriate to establish the position to be taken on the Union's behalf in the RID
           Expert Committee, as the amendments to RID will be binding on the Union.
   (7)     The envisaged amendments aim at ensuring safe and efficient transport of dangerous
           goods while taking into account scientific and technical progress in the sector and the
           development of new substances and articles that could pose danger while being
           transported.
   1
           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.
   2
           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.
EN                                                       5                                                      EN
 ---pagebreak---    (8)    The envisaged amendements are considered to be appropriate for the safe transport of
          dangerous goods in a cost effective manner and can therefore be supported.
   (9)    Minor changes to the documents referred to in the Annex may be agreed at technical
          level at the 14th session of the RID Commitee of Experts’ standing working group of
          23-24 May 2022, including on the basis of recommendations of the UNECE Joint
          Meeting of the RID Committee of Experts and the Working Party on the Transport of
          Dangerous Goods,
   HAS ADOPTED THIS DECISION:
                                               Article 1
   The position to be taken on the Union's behalf in the 57th session of the Organisation for
   International Carriage by Rail ('OTIF') Committee of Experts for the Carriage of Dangerous
   Goods ('RID Expert Committee') in the framework of the Convention concerning
   International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June
   1999, is set out in the Annex to this Decision.
   Minor changes to the documents referred to in the Annex may be agreed to by the
   representatives of the Union in the RID Expert Committee without further decision from the
   Council.
                                               Article 2
   The decisions of the RID Expert Committee, once adopted, shall be published in the Official
   Journal of the European Union, indicating the date of their entry into force.
                                               Article 3
   This Decision is addressed to the Commission.
   Done at Brussels,
                                                For the Council
                                                The President
EN                                                 6                                           EN
 ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                    Brussels, 23.2.2022
                                                    COM(2022) 59 final
                                                    ANNEX
                                           ANNEX
                                             to the
                               Proposal for a Council Decision
   on the position to be taken on behalf of the European Union at the 57th 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
EN                                                                                        EN
 ---pagebreak---                                        ANNEX
 Proposal Reference document         Issue                          Comments    EU position
    1.    OTIF/RID/CE/GTP/2021/2     Alignment between ADR          Technical   Agree
                                     and RID to include new         consensus
                                     means of containment           at the OTIF
                                     in the accident report model   Standing
                                                                    Working
                                                                    Group to
                                                                    adopt the
                                                                    text as
                                                                    amended
    2.    OTIF/RID/CE/GTP/2021/3 and Alignment between ADR          Technical   Agree
          OTIF/RID/CE/GTP/2021/INF.3 and RID of the requirements    consensus
                                     concerning the information     at the OTIF
                                     displayed                      Standing
                                                                    Working
                                                                    Group to
                                                                    adopt the
                                                                    text as
                                                                    amended
    3.    OTIF/RID/CE/GTP/2021/4     Fitting safety valves to tanks Technical   Agree
                                     for flammable liquefied        consensus
                                     gases                          at the OTIF
                                                                    Standing
                                                                    Working
                                                                    Group to
                                                                    adopt the
                                                                    text as
                                                                    amended
    4.    OTIF/RID/CE/GTP/2021/5     Consolidated texts adopted     Technical   Agree
                                     by the Joint Meeting in        consensus
                                     2020 and 2021 and by the       at the OTIF
                                     RID Committee of Experts’      Standing
                                     standing working group in      Working
                                     November 2020                  Group to
                                                                    adopt the
                                                                    text as
                                                                    amended
    5.    OTIF/RID/CE/GTP/2021/6     Alignment between ADR          Technical   Agree
                                     and RID, among others on       consensus
                                     design, construction and       at the OTIF
                                     initial inspection and test of Standing
                                     non-UN pressure                Working
                                     receptacles designed,          Group to
EN                                          1                                            EN
 ---pagebreak---                                              constructed and tested         adopt the
                                             according to referenced        text as
                                             standards                      amended
  6.       OTIF/RID/CE/GTP/2021/INF.4        Transitional measure in        Technical    Agree
                                             relation to 6.8.2.4.6          consensus
                                             (procedures used by the        at the OTIF
                                             competent authority for the    Standing
                                             approval of experts, the       Working
                                             performance of inspections     Group to
                                             concerning tank-wagons and     adopt the
                                             for the mutual recognition     text as
                                             of such inspections)           amended
  7.       OTIF/RID/CE/GTP/2021/INF.11       Proposals on how to adjust     Technical    Agree
                                             RID Chapter 6.8 to consider    consensus
                                             extra-large tank-containers    at the OTIF
                                                                            Standing
                                                                            Working
                                                                            Group to
                                                                            adopt the
                                                                            text as
                                                                            amended
     All      the     documents    above    are     available      on   the     OTIF’s   website
     (http://otif.org/en/?page_id=1119) and shall be understood as comprising the amendments
     discussed in the RID Committee of Experts’ standing working group of November 2021 and
     reflected in Annex I to document OTIF/RID/CE/GTP/2021-A (Final report of the 13th session
     of the RID Committee of Experts’ standing working group - Geneva/hybrid, 15 to 18
     November 2021), also available on the OTIF’s website (http://otif.org/en/?page_id=254).
EN                                                 2                                             EN