Address https://gelex.eu/eli/EU/decision/2020/791@2020-06-10/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
   3. Article 3

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 (the COTIF) in accordance with Council Decision 2013/103/EU.

(2) All Member States, with the exception of Cyprus and Malta, are parties to the COTIF.

(3) Pursuant to letter f) of Article 13 § 1 of the COTIF, the Committee of Technical Experts (CTE) of the Intergovernmental Organisation for International Carriage by Rail (OTIF) was set up.

(4) Pursuant to letter b) of Article 20 § 1 of the COTIF, and in accordance with Article 6 of Appendix F (APTU), the CTE is competent to adopt or to amend, inter alia, uniform technical prescriptions (UTP) concerning freight wagons, vehicle marking and rolling stock noise. In accordance with Article 13 §§ 1, 4 and 5 of Appendix G (ATMF), the CTE is also competent to take decisions on the set-up or modification, merging or withdrawal of the national vehicle registers (NVR). Finally, in accordance with Article 15 § 2 of Appendix G (ATMF), the CTE is competent to adopt and to amend rules for the certification and auditing of entities in charge of maintenance (ECM).

(5) The CTE has included in the agenda of its 13th session, to take place on 16 and 17 June 2020, proposals for decisions to amend the UTP concerning freight wagons, vehicle marking and rolling stock noise, on a full revision of the rules for the certification and auditing of ECM and on a full revision of the specifications concerning NVR.

(6) It is appropriate to establish the position to be taken on the Union’s behalf in the CTE, as the proposed amendments will be binding on the Union.

(7) The objective of those proposed amendments is to align the UTP concerning freight wagons, vehicle marking and rolling stock noise, as well as the rules for certification and auditing of ECM, with Commission Implementing Regulations (EU) 2019/774, (EU) 2019/776, (EU) 2019/773 and (EU) 2019/779 respectively. The specifications concerning NVR have been updated in light of Commission Implementing Decision (EU) 2018/1614.

(8) The proposed amendments are in line with the law and the strategic objectives of the Union, as they contribute to the alignment of OTIF legislation with the equivalent provisions of Union law, and those proposed amendments should therefore be supported by the Union,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf at the 13th session of the Committee of Technical Experts (CTE) of the Intergovernmental Organisation for International Carriage by Rail (OTIF) on the amendments to the uniform technical prescriptions (UTP) concerning freight wagons, vehicle marking and rolling stock noise, on a full revision of the rules for certification and auditing of entities in charge of maintenance (ECM) and on a full revision of the specifications concerning national vehicle registers (NVR) shall be as set out in document ST 7725/20.

Article 2

Once adopted, the decisions of the CTE shall be published in the Official Journal of the European Union, indicating the date of their entry into force.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 10 June 2020. For the Council The President A. Metelko-Zgombić

Versions

1. 2020-06-10