HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 51/8
EN
Official Journal of the European Union
23.2.2013
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
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
of the one part, and
THE INTERGOVERNMENTAL ORGANISATION FOR INTERNATIONAL CARRIAGE BY RAIL, hereinafter referred to as
‘OTIF’,
of the other part,
Together hereinafter referred to as ‘the Contracting Parties’,
HAVING REGARD 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 Convention’), and in particular Article 38 thereof,
HAVING REGARD to the responsibilities which the Treaty on European Union (TEU) and the Treaty on the Functioning
of the European Union (TFEU) confers on the Union in certain areas covered by the Convention,
RECALLING that following the entry into force of the Treaty of Lisbon on 1 December 2009, the Union has replaced and
succeeded the European Community and from that date exercises all rights and assumes all obligations of the European
Community,
WHEREAS the Convention establishes an Intergovernmental Organisation for International Carriage by Rail (OTIF), the
headquarters of which are at Bern,
WHEREAS the purpose of the Union’s accession to the Convention is to assist OTIF in pursuing its objective of
promoting, improving and facilitating international rail transport in both technical and legal respects,
WHEREAS by virtue of Article 3 of the Convention, the obligations arising out of the Convention with regard to
international cooperation do not take precedence, for Parties to the Convention which are also Member States of the
Union or States party to the Agreement on the European Economic Area, over their obligations as Member States of the
Union or States party to the Agreement on the European Economic Area,
WHEREAS a disconnection clause is necessary for those parts of the Convention which fall within the competence of the
Union, in order to indicate that Member States of the Union cannot invoke and apply the rights and obligations deriving
from the Convention directly among themselves,
WHEREAS the Convention applies fully between the Union and its Member States on the one hand, and the other Parties
to the Convention, on the other hand,
WHEREAS the Union’s accession to the Convention requires the rules for applying the provisions of the Convention to
the Union and its Member States to be clearly established,
WHEREAS the conditions of the Union’s accession to the Convention must allow the Union to exercise within the
framework of the Convention the competences conferred on it by its Member States,
HAVE AGREED AS FOLLOWS:
Article 1
The Union hereby accedes to the Convention under the terms and conditions laid down in this Agreement,
in accordance with Article 38 of the Convention.
Article 2
Without prejudice to the object and the purpose of the Convention to promote, improve and facilitate
international traffic by rail and without prejudice to its full application with respect to other Parties to the
Convention, in their mutual relations, Parties to the Convention which are Member States of the Union shall
apply Union rules and shall therefore not apply the rules arising from that Convention except in so far as
there is no Union rule governing the particular subject concerned.

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EN
23.2.2013 Official
Journal
of
the
European
Union
L
51/9
Article 3
Article 7
Subject to the provisions of this Agreement, provisions in the
The scope of the competence of the Union shall be indicated in
Convention shall be so interpreted as also to include the Union,
general terms in a written declaration made by the Union at the
within the framework of its competence, and the various terms
time of the conclusion of this Agreement. That declaration may
used to designate the Parties to the Convention and their repre
be modified as appropriate by notification from the Union to
sentatives are to be understood accordingly.
OTIF. It shall not replace or in any way limit the matters that
may be covered by the notifications of Union competence to be
made prior to OTIF decision-making by means of formal voting
or otherwise.
Article 4
The Union shall not contribute to the budget of OTIF and shall
not take part in decisions concerning that budget.
Article 8
Title V of the Convention shall apply to any dispute arising
between the Contracting Parties in respect of the interpretation,
application or implementation of this Agreement, including its
Article 5
existence, validity and termination.
Without prejudice to the exercise of its voting rights under
Article 6, the Union shall be entitled to be represented and
involved in the work of all OTIF bodies in which any of its
Article 9
Member States is entitled to be represented as a Party to the
This Agreement shall enter into force on the first day of the first
Convention, and where matters falling within its competence
month following the signature of this Agreement by the
may be dealt with.
Contracting Parties. Article 34, paragraph 2, of the Convention
shall not apply in this case.
The Union may not be a member of the Administrative
Article 10
Committee. It may be invited to participate in meetings of
that Committee when the Committee wishes to consult it on
This Agreement shall remain in force for an indefinite period.
matters of common interest that have been placed on the
agenda.
If all Parties to the Convention which are Member States of the
Union denounce the Convention, the notification of that
denunciation, as well as of the denunciation of this Agreement,
Article 6
shall be considered to have been given by the Union at the
same time as the last Member State of the Union to denounce
1. For
decisions
in
matters
where
the
Union
has
exclusive the Convention notifies its denunciation under Article 41 of the
competence, the Union shall exercise the voting rights of its
Convention.
Member States under the Convention.
Article 11
2. For
decisions
in
matters
where
the
Union shares Parties to the Convention other than Member States of the
competence with its Member States, either the Union or its
Union, which apply relevant Union legislation as a result of
Member States shall vote.
their international agreements with the Union, may, with the
acknowledgement of the Depositary of the Convention, enter
individual declarations with regard to the preservation of their
rights and obligations under their agreements with the Union,
3. Subject
to
Article
26,
paragraph
7,
of
the
Convention,
the the Convention and related regulations.
Union shall have a number of votes equal to that of its Member
States who are also Parties to the Convention. When the Union
votes, its Member States shall not vote.
This Agreement shall be drawn up in duplicate, one original
kept by OTIF and the other by the Union, in the Bulgarian,
Czech, Danish, Dutch, English, Estonian, Finnish, French,
German, Greek, Hungarian, Italian, Latvian, Lithuanian,
4. The
Union
shall,
on
a
case-by-case
basis,
inform
the
other Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian,
Parties to the Convention of the cases where, with regard to the
Spanish, and Swedish languages, each text being equally auth
various items on the agendas of the General Assembly and the
entic. This is without prejudice to Article 45, paragraph 1, of
other deliberating bodies, it will exercise the voting rights
the Convention.
provided for in paragraphs 1 to 3. That obligation shall also
apply when decisions are taken by correspondence. That
information is to be provided early enough to the OTIF
Secretary-General in order to allow its circulation together
with meeting documents or a decision to be taken by
IN WITNESS WHEREOF the undersigned Plenipotentiaries, duly
correspondence.
empowered to this effect, have signed this Agreement.

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L 51/10
EN
Official Journal of the European Union
23.2.2013
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За Междуправителствената организация за международни железопътни превози (OTIF)
Por la Organización Intergubernamental para los Transportes Internacionales por Ferrocarril (OTIF)
Za Mezivládní organizaci pro mezinárodní elezniní pepravu (OTIF)
For Den Mellemstatslige Organisation for Internationale Jernbanebefordringer (OTIF)
Für die Zwischenstaatliche Organisation für den internationalen Eisenbahnverkehr (OTIF)
Rahvusvaheliste Raudteevedude Valitsustevahelise Organisatsiooni (OTIF) nimel
Για το Διακυβερνητικ Οργανισμ Διεθνν Σιδηροδρομικν Μεταφορν (OTIF)
For the Intergovernmental Organisation for International Carriage by Rail (OTIF)
Pour l'Organisation intergouvernementale pour les transports internationaux ferroviaires (OTIF)
Per l'Organizzazione intergovernativa per i trasporti internazionali per ferrovia (OTIF)
Starptautisko dzelzcea pārvadājumu starpvaldību organizācijas (OTIF) vārdā –
Tarptautinio veimo geleinkeliais tarpvyriausybins organizacijos (OTIF) vardu
A Nemzetkzi Vasúti Fuvarozásügyi llamkzi Szervezet (OTIF) részérl
Gall-Organizzazzjoni Intergovernattiva gat-Trasport Internazzjonali bil-Ferrovija (OTIF)
Voor de Intergouvernementele Organisatie voor het internationale spoorwegvervoer (OTIF)
W imieniu Midzyrzdowej Organizacji Midzynarodowych Przewozów Kolejami (OTIF)
Pela Organizao Intergovernamental para os Transportes Internacionais Ferroviários (OTIF)
Pentru Organizaia Interguvernamental pentru Transporturile Internaionale Feroviare (OTIF)
Za Medzivládnu organizáciu pre medzinárodnú elezninú prepravu (OTIF)
Za Medvladno organizacijo za mednarodni elezniki promet (OTIF)
Valtioiden vlisen kansainvlisten rautatiekuljetusten jrjestn (OTIF) puolesta
Fr Mellanstatliga organisationen fr internationell jrnvgstrafik (Otif)

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