Considerations on COM(2024)380 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)380 - . |
|---|---|
| document | COM(2024)380 |
| date | August 19, 2024 |
(2) The General Assembly of OTIF was set up in accordance with Article 13 § 1, point a) of COTIF (the ‘General Assembly’). Pursuant to Article 14 § 2 of COTIF, the General Assembly, among others, establishes its rules of procedure, elects the Secretary General, decides, if necessary, on the temporary establishment of other committees for specific tasks, and takes decisions about proposals aiming to modify COTIF.
(3) The Union participates in the General Assembly in accordance with COTIF, the Rules of Procedure of the General Assembly, and the Agreement on the Accession of the European Union to COTIF23.
(4) At its 16th session planned for 25 and 26 September 2024, the General Assembly is expected to take a number of decisions. It is appropriate to establish the position to be taken on the Union's behalf, as those decisions will either have an impact on the functioning of OTIF and on the development of the strategy of the organisation, or will lead to the adoption of acts which are binding under international law and capable of decisively influencing the content of EU legislation, and thus constitute an ‘act having legal effects’ for the purposes of Article 218(9) TFEU.
(5) In particular, under agenda item 5, it is expected that the 16th session of the General Assembly will be asked to take a position on application of the People’s Republic of China (hereafter ‘China’) to become an Associate Member of OTIF. Indeed, in line with Article 37 §§ 2 to 5 of COTIF, the European Commission lodged an objection to that application on behalf of the Union, with the number of votes equal to those of its Members which are also Member States of OTIF. As announced by OTIF’s Secretary General in the Depository Note of 31 July 2024, China’s application will be submitted to the General Assembly for decision, according to Article 37 § 4 of COTIF. It is necessary to anticipate the decisions that may be submitted to the 16th General Assembly. The accession of China to OTIF, even if only as an Associate Member, will influence the policy and substantive work of OTIF, an organisation to which the Union is a Contracting Party. China’s participation in OTIF’s activities, although in an advisory capacity, will extend to the whole scope of those activities, including areas for which the Union is exclusively competent. Therefore, should the 16th General Assembly take a decision on China’s accession, such a decision will be binding under international law, in particular in the context of OTIF legislation. China will have the right to participate in the works of the organisation, to receive documents and will be obliged to pay 0,25% of the budget. Moreover, such an associate membership would be capable of altering the legal relationship between the Union and China in the context of OTIF. To date, China has not yet provided the additional information on the motivation and objectives for their application for associated membership, which was requested as part of the above-mentioned objection. In this context, the position of the Union should therefore be to defer any vote on China’s accession as an Associate Member of OTIF to a subsequent session of the General Assembly of OTIF. Should such a deferral not be possible, the Union’s position should be to vote against that accession to OTIF at the 16th session of the General Assembly.
(6) Under agenda item 7, the adoption of the long-term strategy for OTIF is capable of influencing the policy and substantive work of OTIF, and the decision-making within OTIF. The proposed revised long-term strategy as submitted to the General Assembly has been discussed and agreed in the relevant sessions of the ad hoc Committee on Legal Affairs and International Cooperation (hereafter ‘the ad hoc Committee’), in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to support the adoption of that revised long-term strategy.
(7) Under agenda item 9, the election of OTIF’s Secretary General for the period from 1 January 2025 to 31 December 2027 is capable of having an influence on the policy and the substantive work of OTIF, an area which falls under the competence of the Union. The Secretary General is conferred important margins of manoeuvre in several areas, notably as regards the submission of proposals aiming to modify COTIF and the settlement of disputes. Therefore, the Secretary General’s action is liable to affect the operation of OTIF in areas directly related to the development and application of the Union’s rail policy. Similarly, it is also liable to affect the Union in its capacity as OTIF Member. The Union position should be that, in the context of the election of the Secretary General, votes should be cast for a candidate who is a citizen of the Union, has been proposed by a Member State, meets all requirements established in the call for applications issued by OTIF, and best meets the relevant set of criteria related to the specific Union interest in the election.
(8) Under agenda item 13, the General Assembly will be asked to endorse the ‘Guidelines on the application of procedures for the modification of COTIF’, to recommend that they are followed in the preparation of modifications to COTIF within the competence of the General Assembly, and to instruct the ad hoc Committee to monitor and assess the application of the guidelines and to revise them as necessary. While those Guidelines are not in themselves binding, they are capable of decisively influencing the procedures for the modification of COTIF. The Guidelines as submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to endorse those Guidelines.
(9) Under agenda item 13, the General Assembly will be asked to approve the basic regulatory principles, as laid out in the report of the ad hoc Committee and as reflecting the Union position in Council Decision (EU) 2023/258224, to guide the ad hoc Committee and the Revision Committee in preparing modifications to modify COTIF and corresponding notes in the Explanatory Report to COTIF, with the aim of introducing an obligation for Member States to respect [not to undermine] the physical and functional integrity of the rail infrastructure of other Member States, as well as substantive and procedural provisions on sanctions to ensure compliance with the obligations under COTIF that are essential to achieve OTIF’s aim. These basic regulatory principles concern the organisation and functioning of the organisation, to with the Union is a Contracting Party, and may lead to the elaboration of proposals to amend COTIF; this topical issue concerns the whole scope of activities of OTIF, including areas for which the Union is exclusively competent. The related proposals to modify COTIF will be binding under international law and will be capable of decisively influencing both the content of EU legislation and the interpretation and application of COTIF. The basic regulatory principles as submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. The position of the Union should therefore be to approve these basic regulatory principles.
(10) Under agenda item 13, the General Assembly will be asked to endorse the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. As specified in the Union position in Council Decision (EU) 2023/2582, the development of electronic communications requires certain administrative updates to ensure the safe and reliable use of electronic signatures in official communications between OTIF and its members. It is important to support the preparation of a recommendation in that regard, which takes into account the different level of experience of OTIF members and is in line with the rules laid down at Union level, in particular Regulation (EU) No 910/2014 of the European Parliament and of the Council.25 While this Recommendation is not in itself binding, it will have implications on the ‘Guidelines on treaty acts under COTIF’ as well as on the explanatory notes of ‘Rules of Procedure of the General Assembly’ of the ‘Regulation on the election and conditions of service of the Secretary General’ and of the ‘Decision on permanent representatives’, which will need to be amended accordingly. This Recommendation is thus capable of decisively influencing the procedures for the modification of COTIF. The proposals for decision submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to endorse this recommendation.
(11) Under agenda item 13, the General Assembly will be asked to adopt the ‘Decision on the symbols, name and abbreviation of the Intergovernmental Organisation for International Carriage by Rail’ and the ‘Decision on copyright and open access’, and to approve for each decision the related ‘Explanatory Notes’. As specified in the Union position in Council Decision (EU) 2023/2582, a policy designed to facilitate the reuse of information and documents owned by OTIF should be designed in line with the rules set out in Directive (EU) 2019/1024 of the European Parliament and of the Council26 and Commission Decision 2011/833/EU27. The envisaged acts in this area are therefore capable of decisively influencing the content of EU legislation. The proposals for decision submitted to the General Assembly have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. Therefore, the position of the Union should be to adopt those Decisions and to approve the related Explanatory Notes.
(12) Under agenda item 14 and 15, the envisaged decisions of the General Assembly concern the adoption of revised versions, respectively, of its Rules of Procedure and of the Regulation on the election and conditions of service of the Secretary General, as well as on the approval of the Explanatory Notes related to those acts, all of them adapted in accordance with the new guidelines on the use of gender-neutral language. The respective explanatory notes will also incorporate the proposal of the ad hoc Committee in the ‘Recommendation on the use of electronic signatures in official communications between OTIF and its members’. The General Assembly’s Rules of Procedure and the Regulation on the election and conditions of service of the Secretary General are legally binding acts under COTIF, with their respective explanatory notes being capable of decisively influencing the interpretation and application of COTIF. The revised versions of the General Assembly’s Rules of Procedure and the Regulation on the election and conditions of service of the Secretary General, and the related Explanatory Notes, have been discussed and agreed in the relevant sessions of the ad hoc Committee, in line with the Union positions that were established regarding these matters. The Union should therefore support the adoption of these amendments.
(13) The envisaged decisions are in line with the law and the strategic objectives of the Union, and should therefore be supported by the Union.
(14) In accordance with point 2.1 of Annex III to Decision 2013/103/EU, the preparation of OTIF meetings extends to on-the-spot coordination. Therefore, minor changes to this Union position may be agreed during on-the-spot coordination without requiring further decision of the Council, in particular in order to be able to react to proposals and developments not taken into account at the time of this Decision.