Considerations on COM(2019)56 - EU position as regards the election of the Secretary General of the Intergovernmental Organisation for International Carriage by Rail for the period from 2019 to 2021

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(1) The Union has acceded to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (the ‘COTIF Convention’), by virtue of Council Decision 2013/103/EU 4 .

(2) The General Assembly of OTIF was set up in accordance with point (a) of Article 13(1) of the COTIF Convention (‘General Assembly’). The Union participates in the General Assembly in accordance with the provisions of the COTIF Convention, of the Rules of Procedure of the General Assembly, and of the Agreement on the Accession of the Union to the COTIF Convention.

(3) At its 14th session due to take place on 27 February 2019, the General Assembly is expected to decide upon the election of the Secretary General of OTIF for the period from 8 April 2019 to 31 December 2021.

(4) The Union has a substantial interest in the election of OTIF’s Secretary General. OTIF’s activities are covered by Union competence and, for many, by the Union’s exclusive external competence. The Secretary General is conferred important margins of manoeuver in several areas, notably as regards the submission of proposals of amendments to the COTIF Convention and the settlement of disputes. Therefore, the action by the Secretary General 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. Given the Union’s interest in the election of the Secretary General, the Union should adopt a position concerning that election.

(5) All five applications for the post of Secretary General of OTIF for the period from 8 April 2019 to 31 December 2021 were submitted by Member States, and all candidates are nationals of Member States. It was assessed that all five candidates meet the requirements of the profile of qualifications for the holder of the post of Secretary General of OTIF.

(6) It is appropriate to establish the position to be taken on the Union's behalf at the 14th General Assembly of OTIF, as the envisaged decision concerns a matter of interest for the Union, which falls under the competence of the Union and produces legally binding effects upon it.

(7) Votes should be cast for a candidate, who is 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 a set of criteria related to the specific Union interest in the election.

(8) The position of the Union at the 14th session of the General Assembly of OTIF should therefore be to vote according to all those criteria.