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23.2.2013 Official
Journal
of
the
European
Union
L
51/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
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)
(2013/103/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(5) The
Agreement
should
be
approved,
Having regard to the Treaty on the Functioning of the European
HAS ADOPTED THIS DECISION:
Union, and in particular Article 91, in conjunction with Articles
218(5) and 218(6)(a)(v) thereof,
Article 1
The Agreement between the European Union and the Intergov
Having regard to the proposal from the European Commission,
ernmental 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
Having regard to the consent of the European Parliament,
amended by the Vilnius Protocol of 3 June 1999 (hereinafter
referred to as ‘the Agreement’) is hereby approved on behalf of
the Union.
Whereas:
The text of the Agreement is attached to this Decision.
(1) The
development
of
rail
interoperability,
both
within
the
Union and between the Union and neighbouring coun
Article 2
tries, is a key component of the common transport
When signing the Agreement a declaration, as set out in Annex
policy, targeted in particular at establishing a better
I to this Decision, shall be made by the Union concerning the
balance between the various modes of transport.
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.
(2) The
Union
has
exclusive
competence
or
shared
competence with its Member States in the areas
covered by the Convention concerning International
Article 3
Carriage by Rail (COTIF) of 9 May 1980, as amended
by the Vilnius Protocol of 3 June 1999 (hereinafter
The President of the Council is hereby authorised to designate
referred to as ‘the Convention’).
the person(s) empowered to sign the Agreement in order to
bind the Union and to make the declarations referred to in
Article 2.
(3)
The Union’s accession to the Convention for the purpose
of exercising its competence is permitted by virtue of
Article 4
Article 38 of the Convention.
The Commission shall represent the Union at OTIF meetings.
(4)
On behalf of the Union, the Commission has negotiated
Article 5
an Agreement (hereinafter referred to as ‘the Agreement’)
with the Intergovernmental Organisation for Inter
The internal arrangements for the preparation for OTIF
national Carriage by Rail (hereinafter referred to as
meetings and for the representation and voting at such
‘OTIF’) on the Accession of the Union to the Convention.
meetings are set out in Annex III to this Decision.

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Official Journal of the European Union
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Article 6
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 16 June 2011.
For the Council
The President
VLNER P.

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23.2.2013 Official
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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.

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Official Journal of the European Union
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Appendix to Annex I
EUROPEAN UNION INSTRUMENTS RELATING TO SUBJECTS DEALT WITH BY THE CONVENTION
To date, the Union has exercised its competence, inter alia, through the following Union instruments:
ECONOMIC/MARKET ACCESS LEGISLATION
— Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of
Article 79(3) of the Treaty establishing the European Economic Community (OJ 52, 16.8.1960, p. 1121/60),
— Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways (OJ L 237,
24.8.1991, p. 25),
— Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (OJ L 143, 27.6.1995, p. 70),
— Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council
Directive 91/440/EEC on the development of the Community’s railways (OJ L 75, 15.3.2001, p. 1),
— Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council
Directive 95/18/EC on the licensing of railway undertakings (OJ L 75, 15.3.2001, p. 26),
— Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of
railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification
(OJ L 75, 15.3.2001, p. 29),
— Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive
91/440/EEC on the development of the Community’s railways (OJ L 164, 30.4.2004, p. 164, corrected version in OJ
L 220, 21.6.2004, p. 58),
— Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail
passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14),
— Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 amending Council
Directive 91/440/EEC on the development of the Community’s railways and Directive 2001/14/EC on the allocation
of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (OJ L 315,
3.12.2007, p. 44).
INTEROPERABILITY AND SAFETY LEGISLATION
— Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (OJ
L 235, 17.9.1996, p. 6),
— Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the
trans-European conventional rail system (OJ L 110, 20.4.2001, p. 1),
— Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s
railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive
2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway
infrastructure and safety certification (OJ L 164, 30.4.2004, p. 44, corrected version in OJ L 220, 21.6.2004, p. 16),
— Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive
96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the
European Parliament and of the Council on the interoperability of the trans-European conventional rail system (OJ
L 164, 30.4.2004, p. 114, corrected version in OJ L 220, 21.6.2004, p. 40),
— Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a
European Railway Agency (Agency Regulation) (OJ L 164, 30.4.2004, p. 1, corrected version in OJ L 220, 21.6.2004,
p. 3),
— Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train
drivers operating locomotives and trains on the railway system in the Community (OJ L 315, 3.12.2007, p. 51),
— Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the
rail system within the Community (OJ L 191, 18.7.2008, p. 1),

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— 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),
— Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 amending Directive
2004/49/EC on safety on the Community’s railways (Railway Safety Directive) (OJ L 345, 23.12.2008, p. 62),
— Regulation (EC) No 1335/2008 of the European Parliament and of the Council of 16 December 2008 amending
Regulation (EC) No 881/2004 establishing a European Railway Agency (Agency Regulation) (OJ L 354, 31.12.2008,
p. 51),
— Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a
European rail network for competitive freight (OJ L 276, 20.10.2010, p. 22).
PUBLIC SERVICE OBLIGATIONS
— Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public
passenger transport services by rail and by road (OJ L 315, 3.12.2007, p. 1).
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.

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L 51/6
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Official Journal of the European Union
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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 Adminis
trative 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).

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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.

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