Considerations on COM(2024)58 - EU position at the 12th session of the Preparatory Commission for the establishment of the International Registry for Railway Rolling Stock and at the 1st session of the Supervisory Authority established pursuant to Article XII of the Luxembourg Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Railway Rolling Stock - Main contents
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| dossier | COM(2024)58 - EU position at the 12th session of the Preparatory Commission for the establishment of the International Registry for Railway ... |
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| document | COM(2024)58  |
| date | March 4, 2024 |
(2) The Supervisory Authority of the Luxembourg Protocol, during its first session on 8 March 2024, and among other agenda items, is expected to adopt its Statutes and Rules of Procedure, the Agreement between the Supervisory Authority and the Intergovernmental Organisation for International Carriage by Rail (OTIF) regarding the functions of the Supervisory Authority’s secretariat, and other acts pertaining to the setting up and functioning of the International Registry for Railway Rolling Stock (Article 17(2)(d) of the Cape Town Convention), in particular the Regulations of the International Registry for railway rolling stock and the Model Rules on Permanent Identification of Railway Rolling Stock developed in the framework of the Inland Transport Committee of the United Nation Economic Commission for Europe.
(3) It is appropriate to establish the position to be taken on the Union's behalf in the first session of the Supervisory Authority, as the Union is a Contracting Party to the Luxembourg Protocol and the decisions to be taken by the Supervisory Authority may lead to the adoption of acts which are binding under international law and capable of decisively influencing the participation of the Union in that body and the content of EU legislation, namely: Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (recast)21, Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways22, Commission Decision 2012/757/EU of 14 November 2012 concerning the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system in the European Union and amending Decision 2007/756/EC23, and Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC24.
(4) The Supervisory Authority is expected to adopt its draft Statutes, which define aspects such as its legal personality, tasks and administrative framework, as required by the Cape Town Convention and by the Luxembourg Protocol. The adoption of the Statutes is a prerequisite for the setting up and operation of the Supervisory Authority and should therefore be supported. A minor amendment should be proposed to the provision defining the composition of the Supervisory Authority to clarify the cross reference to the relevant provisions of the Luxembourg Protocol (Article XII (1)).
(5) The Supervisory Authority is also expected to adopt its draft Rules of Procedure, which define aspects such as meeting rules, representation rules, proposals and decisions and voting procedures. The current draft Rules of Procedure are not however in line the provisions of the Luxembourg Protocol which recognise the status of Regional Economic Integration Organisations as equivalent to that of a State Party, as they introduce unjustified distinctions between, on the one hand, State Parties per se, entitled to be represented and to vote on decisions to be taken by the Supervisory Authority, and, on the other hand, Regional Economic Integration Organisations, which are not expressly referred to as members of the Supervisory Authority. It is therefore necessary to propose amendments to the Rules of Procedures to ensure that the European Union’s membership and rights to vote in the Supervisory Authority are effectively provided for in accordance with the provisions of the Luxembourg Protocol, including rules on voting concerning matters falling under the scope of the Union’s exclusive competence. The remaining provisions of the draft Rules of Procedure should however be supported.
(6) In accordance with Article XII (6) of the Luxembourg Protocol, it is for OTIF to take on the role of the Secretariat of the Supervisory Authority once the Protocol enters into force. The envisaged agreement between the Supervisory Authority and OTIF sets out the detailed conditions for performing the tasks of the Secretariat of the Supervisory Authority. The adoption of this agreement is necessary for ensuring the good administration of the works of the Supervisory Authority and should therefore be supported.
(7) Pursuant to Article 17 of the Cape Town Convention and Article XII of the Luxembourg Protocol, the Supervisory Authority shall provide for the establishment of the International Registry of Railway Rolling Stock. It shall also ensure that an efficient notice-based electronic system exists to implement the objectives of the Luxembourg Protocol, through the establishment, review and amendments, where necessary, of regulations and procedures for the International Registry. These regulations and procedures are to be issued by the Supervisory Authority pursuant to Article 17(2)(d-e) of the Cape Town Convention and in accordance with Articles XIV, XV, XVI and XVII of the Luxembourg Protocol. They are needed to provide the legal framework for the operation of the International Registry, in particular with regard to the request and allocation of the Unique Rail Vehicle Identification System (URVIS) identifier. Within the EU, the registration and identification of railway rolling stock is also regulated through Directive (EU) 2016/797 and Commission Implementing Decision (EU) 2018/1614, which provide inter alia specifications for a European Vehicle Number (EVN) and for a European Vehicle Register (EVR). Although the systems under EU law and under the Luxembourg Protocol deal with the same topical issue of railway rolling stock identification and registration, they have different aims and purposes, namely operational (technical) for the former and financial for the latter. As a result, currently the legal provisions do not conflict with each other, and the two systems may co-exist. The Union should therefore be able to pursue an enduring complementarity between those registers and identification systems. As the adoption of these rules is necessary for ensuring the operation of the International Registry, and as those rules are compatible and consistent with the EU’s legal framework, their adoption by the Supervisory Authority should be supported.
(8) To achieve its goal, the Luxembourg Protocol needs to rely on a clear identification and marking system of railway rolling stock based on international standards. The envisaged Model Rules on Permanent Identification of Railway Rolling Stock provide a framework for the assignment of the URVIS identifier and its marking on railway rolling stock. According to those Model Rules, the URVIS identifier marking is additional to any other existing marking system such as the EU system set out in Commission Decision 2012/757/EU. These Model Rules do not conflict with the current relevant legal framework of the European Union. It is therefore proposed to support their adoption by the Supervisory Authority.