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2009/940/EC: Council Decision of 30 November 2009 on the… Article 12

2009/940/EC: Council Decision of 30 November 2009 on the… Article 12

The Supervisory Authority and the Registrar

Article 12

1.   The Supervisory Authority shall be a body established by representatives, one representative to be appointed: (a) by each State Party; (b) by each of a maximum of three other States to be designated by the International Institute for the Unification of Private Law (Unidroit); and (c) by each of a maximum of three other States to be designated by the Intergovernmental Organisation for International Carriage by Rail (OTIF). 2.   In the designation of the States referred to in subparagraphs (b) and (c) of the preceding paragraph regard shall be had to the need to ensure broad geographical representation. 3.   The term of appointment of the representatives appointed pursuant to subparagraphs (b) and (c) of paragraph 1 shall be that specified by the designating Organisations. The terms of those representatives serving on the date when this Protocol enters into force for the tenth State Party shall expire no later than two years after that date. 4.   The representatives referred to in paragraph 1 shall adopt the initial rules of procedure for the Supervisory Authority. Adoption shall require agreement of: (a) a majority of all the representatives; and (b) a majority of the representatives appointed pursuant to subparagraph (a) of paragraph 1. 5.   The Supervisory Authority may establish a commission of experts consisting of: (a) persons nominated by Signatory and Contracting States and having the necessary qualifications and experience; and (b) other experts as necessary and entrust the commission with the task of assisting the Supervisory Authority in the discharge of its functions. 6.   A secretariat (the Secretariat) shall assist the Supervisory Authority in the discharge of its functions, as directed by the Supervisory Authority. The Secretariat shall be OTIF. 7.   In the event that the Secretariat becomes unable or unwilling to discharge its functions, the Supervisory Authority shall designate another Secretariat. 8.   The Secretariat shall, on being satisfied that the International Registry is fully operational, forthwith deposit a certificate to that effect with the Depositary. 9.   The Secretariat shall have legal personality where not already possessing such personality, and shall enjoy, in relation to its functions under the Convention and this Protocol, the same exemptions and immunities as are provided to the Supervisory Authority under Article 27(3) of the Convention and to the International Registry under Article 27(4) of the Convention. 10.   A measure taken by the Supervisory Authority that affects only the interests of a State Party or a group of States Parties shall be taken if such State Party or the majority of the group of States Parties also approve of the measure. A measure that could adversely affect the interests of a State Party or a group of States Parties shall have effect in such State Party or group of States Parties if such State Party or the majority of the group of States Parties also approve of the measure. 11.   The first Registrar shall be appointed for a period of not less than five or more than ten years. Thereafter, the Registrar shall be appointed or re-appointed for successive periods each not exceeding ten years.

Read the full instrument → · Read this in context: CHAPTER III — REGISTRY PROVISIONS RELATING TO INTERNATIONAL INTERESTS IN RAILWAY ROLLING STOCK →

Other provisions in CHAPTER III — REGISTRY PROVISIONS RELATING TO INTERNATIONAL INTERESTS IN RAILWAY ROLLING STOCK

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 12 of 2009/940/EC: Council Decision of 30 November 2009 on the… (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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