
Article 1 

1. The position to be adopted on behalf of the European Union at the 12th General Assembly in the framework of the COTIF Convention shall be in accordance with the Annex to this Decision.
2. Minor changes to the documents mentioned in the Annex to this Decision may be agreed upon by the representatives of the Union in the General Assembly without further decision of the Council.
Article 2 
The Decisions of the 12th General Assembly, once adopted, shall be published in the Official Journal of the European Union, indicating their entry into force.
Article 3 
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 18 September 2015.
For the Council
The President
C. DIESCHBOURG
ANNEX
1. 
Documents concerning the revision of COTIF and of its Appendices are available on the website of OTIF:

http://www.otif.org/en/law/general-assembly/working-documents-concerning-revision-of-cotif.html.

2. 
Document: none.

Exercising voting rights: MS.

Coordinated position: none.

Documents: AG 12/2, AG 12/2 Add.1.

Exercising voting rights: MS.

Coordinated position: none.

Document: none.

Exercising voting rights: MS.

Coordinated position: none.

Document: none.

Exercising voting rights: MS.

Coordinated position: none.

Documents: AG 12/5, AG 12/5.1, AG 12/5.2.

Exercising voting rights: MS.

Coordinated position: none.

Both candidates for the post are from EU Member States (Austria and France).

Document: AG 12/6.

Exercising voting rights: not applicable.

Coordinated position: none.

Documents: AG 12/7.1, AG 12/7.2.

Exercising voting rights: MS.

Coordinated position: none.

Documents: AG 12/8, AG 12/8 Add. 1, AG 12/8 Add. 2.

Exercising voting rights: MS.

Coordinated position:


 Amendments for Article 3 (International cooperation) to be supported (editorial change to replace the reference to the ‘European Communities’ with a reference to the ‘European Union’).
 Amendments for Article 12 (Execution of judgements. Attachment) to be supported as it amends the definition of ‘keeper’ in line with EU law.
 Amendments for Article 20 (Committee of Technical Experts) to be supported as they are necessary to update the Uniform Rules APTU and ATMF in order to keep them in line with EU law.

Other amendments: no EU position.

Document: AG 12/9.

Exercising voting rights: MS.

Coordinated position: to take note of the Secretary-General's report on the progress and continuation of the work on revising this Appendix.

Documents: AG 12/10, AG 12/10 Add. 1, AG 12/10 Add. 2, AG 12/10 Add. 3.

Exercising voting rights: EU.

Coordinated position:


 Amendments to Article 9 and to the Explanatory Report to be supported, in line with the EU position represented at the 25th session of the Revision Committee of OTIF, as they clarify the roles of the keeper and of the entity in charge of maintenance in line with EU law.
 The new Article 1a proposed by Germany in document AG 12/10 Add. 3 was discussed and supported by an EU working group of representatives of Member States and of the railway sector which met on 26 November 2014. A similar provision also exists in CIM (Article 2 — Prescriptions of public law). Thus, this proposal is to be supported as well.

Document: AG 12/11.

Exercising voting rights: EU.

Coordinated position: amendment to Article 3 aimed at the clarification of the scope by the deletion of ‘other railway material’ and the relevant modification of the Explanatory Report to be supported.

Document: AG 12/12.

Exercising voting rights: EU.

Coordinated position: amendments to Articles 1 and 3 aimed at the clarification of the scope by the deletion of ‘other railway material’ and the relevant modification of the Explanatory Report to be supported.

Documents: AG 12/13, AG 12/13 Add.1-10.

Exercising voting rights: MS.

Coordinated position: to note the revised and consolidated Explanatory Report and to mandate the Secretary-General to include the explanations adopted by this General Assembly which relate to the amendments to COTIF and its Appendices adopted by this General Assembly. However, the phrase ‘… apply to the activities of the ECM, or …’ is to be deleted in the explanations on Article 3a, 10, second sentence. Furthermore, in the German version the explanations on Article 15, 1, second sentence should be amended as follows:

'In Übereinstimmung mit den gängigen Verfahren verschiedener Vertragsstaaten und zur expliziteren Klarstellung der Pflichten des Halters, obliegt dem Halter die Verpflichtung, den ihm zugeordneten Fahrzeugen eine ECM zuzuweisen.'

Document: AG 12/14.

Exercising voting rights: MS.

Coordinated position: none.

Document: AG 12/15.

Exercising voting rights: MS.

Coordinated position: none.

Document: AG 12/16.

Exercising voting rights: MS.

Coordinated position: none.

Document: none.

Exercising voting rights: not applicable.

Coordinated position: none.

Document: not available.

Exercising voting rights: to be decided (‘tbd’) on the spot if necessary.

Coordinated position: tbd on the spot if necessary.

Document: not available.

Exercising voting rights: tbd on the spot if necessary.

Coordinated position: tbd on the spot if necessary.

Document: not available.

Exercising voting rights: tbd on the spot if necessary.

Coordinated position: tbd on the spot if necessary.

Document: not available.

Exercising voting rights: MS.

Coordinated position: tbd on the spot.
