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,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, in conjunction with Articles 218(5) and 218(6)(a)(v) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1)
The development of rail interoperability, both within the Union and between the Union and neighbouring countries, is a key component of the common transport policy, targeted in particular at establishing a better balance between the various modes of transport.
(2)
The Union has exclusive competence or shared competence with its Member States in the areas covered by 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’).
(3)
The Union’s accession to the Convention for the purpose of exercising its competence is permitted by virtue of Article 38 of the Convention.
(4)
On behalf of the Union, the Commission has negotiated an Agreement (hereinafter referred to as ‘the Agreement’) with the Intergovernmental Organisation for International Carriage by Rail (hereinafter referred to as ‘OTIF’) on the Accession of the Union to the Convention.
(5)
The Agreement should be approved,
HAS ADOPTED THIS DECISION:
Article 1
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 (hereinafter referred to as ‘the Agreement’) is hereby approved on behalf of the Union.
The text of the Agreement is attached to this Decision.
Article 2
When signing the Agreement a declaration, as set out in Annex I to this Decision, shall be made by the Union concerning the 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.
Article 3
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union and to make the declarations referred to in Article 2.
Article 4
The Commission shall represent the Union at OTIF meetings.
Article 5
The internal arrangements for the preparation for OTIF meetings and for the representation and voting at such meetings are set out in Annex III to this Decision.
Article 6
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 16 June 2011.