2013/103/EU: 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 Text with EEA relevance
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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 (hereinafter referred to as ‘the Agreement’) is hereby approved on behalf of the Union. The text of the Agreement is attached to this Decision.
When signing the Agreement a declaration, as set out in Annex I to this Decision, shall be made by the Union concerning the exercise of its competence and a declaration, as set out in Annex II to this Decision, shall be made by the Union in respect of Article 2 of the Agreement.
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union and to make the declarations referred to in Article 2.
The Commission shall represent the Union at OTIF meetings.
The internal arrangements for the preparation for OTIF meetings and for the representation and voting at such meetings are set out in Annex III to this Decision.
This Decision shall enter into force on the date of its adoption.
ANNEX I DECLARATION BY THE EUROPEAN UNION CONCERNING THE EXERCISE OF COMPETENCE In the rail sector, the European Union (hereinafter referred to as ‘the Union’) shares competence with the Member States of the Union (hereinafter referred to as the ‘Member States’) pursuant to Articles 90 and 91, in conjunction with Article 100(1), and Articles 171 and 172 of the Treaty on the Functioning of the European Union (TFEU). Title VI of the TFEU establishes the Union’s common transport policy, and Title XVI provides for the Union’s contribution to the establishment and development of trans-European networks in the area of transport. More specifically, Article 91 of Title VI of the TFEU provides that the Union may adopt: — common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States, — the conditions under which non-resident carriers may operate transport services within a Member State, — measures to improve transport safety, — any other appropriate provisions. With regard to trans-European networks, Article 171 of Title XVI of the TFEU provides, more specifically, that the Union: — shall establish a series of guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks; these guidelines shall identify projects of common interest, — shall implement any measures that may prove necessary to ensure the interoperability of the networks, in particular in the field of technical standardisation, — may support projects of common interest supported by Member States, which are identified in the framework of the guidelines referred to in the first indent, particularly through feasibility studies, loan guarantees or interest-rate subsidies; the Union may also contribute, through the Cohesion Fund, to the financing of specific projects in Member States in the area of transport infrastructure. On the basis of these two provisions the Union has adopted a substantial number of legal instruments applicable to rail transport. Under Union law, the Union has acquired exclusive competence in matters of rail transport where 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’) or legal instruments adopted pursuant to it may affect or alter the scope of these existing Union rules. For subject matters governed by the Convention in relation to which the Union has exclusive competence, Member States have no competence. Where Union rules exist but are not affected by the Convention or legal instruments adopted pursuant to it, the Union shares competence on matters in relation to the Convention with Member States. A list of the relevant Union instruments in force at the time of the conclusion of the Agreement is contained in the Appendix to this Annex. The scope of the Union competence arising out of these texts has to be assessed in relation to the specific provisions of each text, especially the extent to which these provisions establish common rules. Union competence is subject to continuous development. In the framework of the Treaty on European Union and the TFEU, the competent institutions of the Union may take decisions which determine the extent of the competence of the Union. The Union therefore reserves the right to amend this declaration accordingly, without this constituting a prerequisite for the exercise of its competence in matters covered by the Convention.
ANNEX II DECLARATION BY THE EUROPEAN UNION IN RESPECT OF ARTICLE 2 OF THE AGREEMENT The term ‘governing the particular subject concerned’ is to be understood as applying to the specific case which is governed by a provision of the Convention, including its appendices, and is not governed by European Union legislation.
ANNEX III INTERNAL ARRANGEMENTS FOR THE COUNCIL, THE MEMBER STATES AND THE COMMISSION IN PROCEEDINGS UNDER OTIF Bearing in mind the requirement of unity of the international representation of the Union and its Member States in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union and the case law of the Court of Justice of the European Union also at the stage of implementation of international obligations, the Council, the Member States and the Commission will apply the following internal arrangements: 1. Scope These internal arrangements will apply to any meeting of any of the bodies set up under OTIF. Any reference to a ‘meeting’ in these arrangements is understood to include mutatis mutandis a reference also to other proceedings, such as a written procedure. 2. Coordination procedure 2.1. To prepare for any OTIF meeting, including but not limited to the meetings of the General Assembly, the Administrative Committee and other Committees, coordination meetings will be held: — in Brussels, within the competent Council Working Party (usually the Land Transport Working Party), as early as possible and as many times as necessary ahead of the OTIF meeting and, in addition, — on the spot, particularly at the beginning and, if necessary, during and at the end of an OTIF meeting. 2.2. The coordination meetings will agree on positions on behalf of the Union only or, where relevant, on behalf of the Union and its Member States. Positions of the Member States relating to their exclusive competence may be subject to coordination at these meetings if so agreed by the Member States. 2.3. The coordination meetings will decide on the exercise of responsibilities with respect to statements and voting in relation to each item of the OTIF meeting agenda, on which a statement may be made or a vote is expected. 2.4. To prepare the coordination meetings referred to in point 2.1, including draft statements and position papers, preliminary discussions will, if necessary, be held in the appropriate Committee created by the relevant Union rail legislation, namely: — the Committee on the transport of dangerous goods for items covered by Appendix C to the Convention; if these items affect rail interoperability, or the common safety approach developed under Directive 2004/49/EC, the Committee on rail interoperability and safety is also to be involved, — the Committee on the development of the Union’s railways for items covered by Appendices A, B, D or E to the Convention and for other systems of uniform law elaborated by the OTIF, — the Committee on rail interoperability and safety for items covered by Appendices F or G to the Convention. 2.5. Before any OTIF meeting the Commission will give an indication of which agenda items are subject to Union coordination and will prepare draft statements and position papers to be discussed at coordination meetings. 2.6. If the Commission and the Member States in coordination meetings cannot agree a common position, including for reasons of disagreement on the repartition of competence, the matter will be referred to the Committee of Permanent Representatives and/or the Council. 3. Statements and voting in the OTIF meetings 3.1. Where an agenda item deals with matters of exclusive Union competence, the Commission will speak and vote for the Union. After due coordination, the Member States can also speak in order to support and/or develop the Union position. 3.2. Where an agenda item deals with matters of exclusive national competence, Member States will speak and vote. 3.3. Where an agenda item deals with matters containing elements of both national and Union competence, the Presidency and the Commission will express the common position. After due coordination, Members States can speak to support and/or develop the common position. The Member States or the Commission, as appropriate, will vote on behalf of the Union and its Member States in accordance with the common position. The decision on who will be voting is made in the light of where the preponderance of the competence lies (e.g. mainly national or mainly Union competence). 3.4. Where an agenda item deals with matters containing elements both of national and of Union competence and the Commission and the Member States have not been able to agree a common position as referred to in point 2.6, Member States and the Commission can speak and vote on matters falling clearly within their respective competence. 3.5. On matters for which there is no agreement between the Commission and the Member States on division of competence, or where it has not been possible to obtain the majority needed for a Union position, a maximum effort will be made to clarify the situation or achieve a Union position. Pending this, and after due coordination, the Member States and/or the Commission, as appropriate, would be entitled to speak on condition that the position expressed will not prejudge a future Union position, will be coherent with Union policies and previous Union positions, and will be in conformity with Union law. 3.6. The representatives of the Member States and of the Commission may participate in OTIF working groups preparing the technical committees of OTIF namely the Committee of Experts for the Carriage of Dangerous Goods (RID) and the Committee of Technical Experts (TEC). During participation in these working groups the representatives of the Member States and the Commission may present technical contributions and fully participate in the technical discussions on the basis of their technical knowledge. These discussions will not bind the Union. The representatives of the Member States and the Commission will make serious efforts to reach a common position and to defend this position during the discussions in the OTIF working groups. 4. Review of these arrangements At the request of a Member State or the Commission, these arrangements will be reviewed, taking account of experience gained from their operation.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.