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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 (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999, by means of Council Decision 2013/103/EUnote and in accordance with 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 Conventionnote.
(2)Pursuant to Article 13(1)(f) of COTIF, the Committee of Technical Experts (the ‘CTE’) of OTIF was established.
(3)Pursuant to Article 16(10) of COTIF, the CTE is to establish its rules of procedure.
(4)Pursuant to Article 20(1)(b) of COTIF, in conjunction with Article 6(1) 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 UR) set out in Appendix F to COTIF, the CTE is competent to adopt or to amend, inter alia, the Uniform Technical Prescriptions (UTP) applicable to the subsystems ‘Rolling stock – freight wagons’ (UTP WAG), ‘Rolling stock – locomotives and passenger rolling stock’ (UTP LOC&PAS) and ‘Telematics applications for freight services’(UTP TAF).
(5)Pursuant to Article 20(1)(e) of COTIF, in conjunction with Article 21(1) of the Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic (ATMF UR) set out in Appendix G to COTIF, the CTE is competent to adopt annexes to that Appendix, including on a Uniform format of certificates.
(6)At its 18th session on 9 June 2026, the CTE is to adopt decisions to revise its Rules of Procedure, the UTP WAG and the UTP LOC&PAS, to adopt an Annex C to the ATMF UR on a Uniform format of certificates and to amend Appendix I to the UTP TAF.
(7)It is appropriate to establish the position to be taken on the Union’s behalf within the CTE, as the proposed decisions will be binding on the Union pursuant to Article 35(3) and (4) of COTIF, Article 6(1) of the APTU UR and Article 21(1) of the ATMF UR.
(8)The objectives of the proposed decisions are to revise the Rules of Procedure of the CTE in order to align them with the rules of procedure of other OTIF organs, to align the UTP WAG and UTP LOC&PAS with Commission Implementing Regulations (EU) 2025/2064note and (EU) 2025/675note, respectively, to adopt a new Annex C to the ATMF UR on a Uniform format of certificates while ensuring its compatibility with vehicle and vehicle type registers established under Union and OTIF rules, namely those laid down in the latest amendments to Commission Implementing Decisions 2011/665/EUnote and (EU) 2018/1614note, and to align the references to the technical documents of the European Union Agency for Railways listed in Appendix I to the UTP TAF.
(9)The envisaged amendments to the Rules of Procedure of the CTE are based on the recommendations of the OTIF ad hoc Committee on Legal Affairs and International Cooperation and ensure further alignment and consistency between the practices of the CTE and those of other OTIF organs. However, the rules for making working documents available before the meetings of the CTE continue to provide for very short deadlines, which can be insufficient to allow the necessary internal procedures for the adoption of a decision at Union level. Therefore, while the envisaged amendments to the Rules of Procedure of the CTE should be supported, the Union should also propose to extend the deadline for making working documents available before the meetings of the CTE in order to allow for the timely preparation and adoption of Union positions.
(10)The envisaged decisions to revise the UTP WAG, the UTP LOC&PAS and Appendix I to the UTP TAF are largely in line with the law and the strategic objectives of the Union and contribute to the alignment of OTIF rules with the equivalent provisions of Union law. However, some of the amendments proposed by the OTIF Secretariat should be further aligned with relevant Union law. The Union should therefore propose amendments to the envisaged decisions in order to ensure that OTIF rules are aligned with relevant Union law. The Union should therefore support the adoption of the envisaged decisions subject to the condition that such amendments are introduced.
(11)The envisaged decision to adopt a new Annex C to the ATMF UR on a Uniform format of certificates is not fully in line with the law and the strategic objectives of the Union. For example, the use of the term ‘certificate’ leads to confusion, as it is used for different purposes in Union and in COTIF frameworks. Considering the extent of the amendments to the envisaged decision that would be necessary to ensure alignment with relevant Union law, the Union should oppose the adoption of the envisaged decision and request further work of the Standing Working Group of the CTE (WG TECH) on that matter, so as to ensure that the new Annex C to the ATMF UR on a Uniform format of certificates is aligned with relevant Union law,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be taken on the Union’s behalf at the 18th session of the Committee of Technical Experts (the ‘CTE’) of the Intergovernmental Organisation for International Carriage by Rail on the revision of its Rules of Procedure and of the Uniform Technical Prescriptions applicable to the subsystem ‘Rolling stock – freight wagons’ (UTP WAG) and to the subsystem ‘Rolling stock – locomotives and passenger rolling stock’ (UTP LOC&PAS), on the adoption of an Annex C to the Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic (ATMF UR) on a Uniform format of certificates and on the amendment of Appendix I to the Uniform Technical Prescriptions applicable to the subsystem Telematics applications for freight services (UTP TAF) shall be the following:
(1)to vote in favour of the proposed revision to the Rules of Procedure of CTE, as set out in document TECH-26018-CTE18-4, and, without prejudice to this position, to propose to replace ‘8 weeks’ by ‘12 weeks’ in Article 9(3) of the Rules of Procedure of the CTE;
(2)to vote in favour of the proposed revision of the UTP WAG, as set out in Annex 2 to document TECH-26003-CTE18-5.1, subject to the following amendments:
(a)in point 4.2.6.1.2.1 of the UTP WAG, delete the two introductory paragraphs;
(b)in point 5.3.6 of the UTP WAG, replace the first paragraph by:‘Devices to secure semi-trailers shall be designed and assessed for each of the following conditions of use:
—compatible semi-trailers for which the device is intended;
—compatible unit interface on which the device can be safely mounted.’
;
(3)to vote in favour of the proposed revision of the UTP LOC&PAS, as set out in Annex 2 to document TECH-26004-CTE18-5.2, subject to the following amendment in point 7.1.1.6.1: replace point (12) by ‘The unit shall be equipped with self-rescue devices for all persons on board, satisfying the specifications of EN 13794:2002 and either EN 402:2003 or EN 403:2004.’;
(4)to vote against the proposed adoption of an Annex C to the ATMF UR on a Uniform format of certificates, as set out in document TECH-26005-CTE18-5.3, and to request further work of the Standing Working Group of the CTE (WG TECH) on that matter, so as to ensure alignment with relevant Union law;
(5)to vote in favour of the proposed amendment of Appendix I to the UTP TAF, as set out in document TECH-26006-CTE18-5.4.
Minor changes to the position set out in the first paragraph may be agreed by the representatives of the Union at the 18th session of the CTE without a further decision of the Council.
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