Considerations on COM(2022)227 - EU position in Committee of Technical Experts of the Intergovernmental Organisation for International Carriage by Rail as regards the modifications to technical prescriptions

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dossier COM(2022)227 - EU position in Committee of Technical Experts of the Intergovernmental Organisation for International Carriage by Rail as ...
document COM(2022)227 EN
date May 20, 2022
 
(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 8 and the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail (OTIF) on the Accession of the European Union to the COTIF Convention (the Agreement).

(2) The Revision Committee set up in accordance with point (c) of Article 13(1) of the COTIF, is expected to carry out a written procedure to decide upon the amendment of Article 3a § 5 and Article 15 § 2 of the Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic (ATMF Uniform Rules) - Appendix G to COTIF.

(3) Following the proposal of the CTE 2021 concerning the revision of Appendix G to COTIF Article 3a § 5 and Article 15 § 2, questions arose concerning the text to be included into the consolidated Explanatory Report concering the ATMF Uniform Rules. The proposal laid down in the CTE Working Document TECH-20045-CTE13-7 should therefore be reviewed in accordance with the advisory opinion adopted by the ad hoc Committee on Legal Affairs and International Cooperation during its first session in November 2021 OTIF-21008-JUR 1 before being adopted by the Revision Committee.

(4) The objective of the Revision Committee (RC) decision is to align ATMF Uniform Rules with Safety Directive (EU) 2016/798.

(5) Pursuant to Article 13(1)(f) of the COTIF, the Committee of Technical Experts ('CTE') of the OTIF was set up.

(6) Pursuant to Article 20(1) (b) of the COTIF, and in accordance with Article 6 of the Uniform Rules concerning the Validation of Technical Standards and the Adoption of Uniform Technical Prescriptions applicable to Railway Material intended to be used in International Traffic (APTU) - Appendix F to COTIF, the CTE is competent to adopt or to amend, inter alia, the Uniform Technical Prescriptions (UTP) concerning telematics applications for freight (UTP TAF). 

(7) In accordance with Article 20 § 1 e) of COTIF and Articles 7a and 21 of the ATMF Uniform Rules, the Committee of Technical Experts is competent to adopt or to amend the Annex B to the ATMF Uniform Rules concerning derogations from the application of Uniform Technical Prescriptions.

(8) The CTE has included in the agenda of its 14th session that will take place on 14 and 15 June 2022 a proposal for decisions to amend the UTP TAF - telematics applications for freight and the revision of the Annex B to the ATMF Uniform Rules concerning derogations from the application of Uniform Technical Prescriptions.

(9) It is appropriate to establish the position to be taken on the Union's behalf in the CTE and, as regards the revision of AMTF, in the Revision Committee of OTIF, as the proposed decisions will be binding on the Union. 

(10) The objectives of the CTE decision are to align the UTP TAF with EU rules, namely Commission Implementing Regulation (EU) 2021/541 9 and the Annex B to the ATMF Uniform Rules to Directive (EU) 2016/797.

(11) The envisaged OTIF decisions 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 should therefore be supported by the Union.