Considerations on COM(2018)444 - EU position on a new Convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail - Main contents
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| dossier | COM(2018)444 - EU position on a new Convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage ... |
|---|---|
| document | COM(2018)444  |
| date | June 8, 2018 |
(2) The Working Party on customs questions affecting transport is acting within the framework of the policies of the UNECE and subject to the general supervision of the Inland Transport Committee. The role of the Working Party is to initiate and pursue actions aimed at the harmonization and simplification of regulations, rules and documentation for border crossing procedures for the various modes of inland transport.
(3) The UNECE Working Party on customs questions affecting transport, during its 149th session on 12 to 14 June 2018, or in the subsequent session, is to take a decision on the endorsement of the proposed Convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail and on its transmission to the Inland Transport Committee for formal approval.
(4) The Union is represented in the UNECE Working Party on customs questions affecting transport of which currently the 28 Member States of the Union are members with the right to vote. In matters of exclusive competence, the position of the EU is expressed by the Commission on behalf of the Union and its Member States.
(5) The draft Convention appears to regulate a variety of aspects, some falling within fields of exclusive competence of the Union , some within fields of shared competence between the Union and the Member States.
(6) As the proposed Convention concerns matters that fall under the exclusive competence of the Union, it is necessary for the Council to establish a Union position on the draft Convention.
(7) The Convention contains general provisions on how to organise border controls of passenger trains. It can be seen as basis for any multilateral and bilateral agreements in the absence of which none of the elements covered by the Convention could work.
(8) For the Union's Member States, such bilateral agreements can be concluded even without the proposed Convention. For Russia and some other countries represented in the OSJD, the legal framework seems to necessitate such a Convention in order to make it easier to conclude multilateral and bilateral agreements.
(9) The substance of the proposed Convention appears to have neither beneficial nor adverse effects for the Union's Member States. Therefore the Union shall not support the proposed Convention but has no reason to block its adoption.
(10) Even if it does not appear to be in the Union's interest to accede to the proposed Convention, in accordance with its general policy on institutional aspects, any new international Convention should contain a clause allowing for the participation of regional economic integration organisations. The proposed draft Convention does not contain a clause which would allow the Union to accede to the Convention.
(11) Therefore, the Union position in the UNECE Working Party on customs questions affecting transport should be neutral if a clause allowing for the participation of regional economic integration organisations is inserted. In such case, the Union should abstain. Otherwise the Union should vote against the adoption of the proposed Convention.
(12) It is appropriate to establish the position to be taken on the Union's behalf in the UNECE Working Party on customs questions affecting transport and in the Inland Transport Committee.