6th Session of the Preparatory Commission
The Sixth Session of the Preparatory Commission, convened jointly by UNIDROIT and the Intergovernmental Organisation for International Carriage by Rail (OTIF), with the participation of members with voting rights only, took place via the email confirmation procedure under Rule 16 of the Rules of Procedure of the Preparatory Commission, to approve the draft contracts, their annexed schedules and related documents (software security agreement; deed of business continuity), for the establishment and operation of the International Registry for railway rolling stock. The Sixth Session of the Preparatory Commission was concluded on 31 October 2014 with the approval of the above-mentioned contractual documents.
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7th Session of the Preparatory Commission
The Seventh Session of the Rail Preparatory Commission was held in Rome at the seat of UNIDROIT on 11 December 2014. The meeting, convened jointly by UNIDROIT and OTIF and co-chaired by Peter Bloch (USA) and Tuire Simonen (Finland), took note of the positive outcome of the Sixth Session as well as of the signature of the contract between the Preparatory Commission and Regulis SA. The draft baseline Regulations for the International Registry for railway rolling stock were discussed and approved. The planning of future work was also considered. In addition to UNIDROIT, OTIF and the Rail Working Group, representatives of several member States were present, as were SITA and the designated Registrar for Regulis SA. A representative of the European Commission also attended the meeting, the European Union recently having approved the Rail Protocol.
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8th Session of the Preparatory Commission
On 6-7 December 2018, UNIDROIT and OTIF held the eighth session of the Rail Preparatory Commission for the establishment of an International Registry under the Luxembourg Rail Protocol in Rome, immediately after the UNIDROIT General Assembly. The session was attended by 32 State delegations. It was opened by the Chairman of the UNIDROIT General Assembly, Ambassador Paul Dühr of the Embassy of Luxembourg in Rome, UNIDROIT Secretary-General Professor Ignacio Tirado, and Chief of Technical Interoperability of OTIF Mr Bas Leermakers. The Commission, Co-Chaired by Mr Peter Bloch and Ms Mervi Kaikkonen (who participated remotely), approved the Statutes and the Rules of Procedure of the Supervisory Authority, as well as future steps leading to the entry into force of the Protocol. A number of participating delegations made statements relating to the benefits connected with the future operation of the Protocols as well as to the status of the ratification process in their legal system. On the second day, panellists briefed interested delegations on the Protocol and its implementation.
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9th Session of the Preparatory Commission
On 8 April 2021, OTIF and UNIDROIT held the 9th session of the Rail Preparatory Commission for the establishment of an International Registry under the Luxembourg Rail Protocol. Though it was conducted remotely, the session was hosted by the OTIF Secretariat in Berne.
The session was attended by 28 State delegations, as well as by the European Commission, UN Economic Commission for Africa (ECA), UNECE – United Nations Economic Commission for Europe, and the African Union. It was opened by the Secretaries General of UNIDROIT and OTIF, respectively Professor Ignacio Tirado and Mr Wolfgang Küpper. The Commission, co-chaired by Mr Peter Bloch (USA) and Mr Antti Leinonen (Finland), approved a revised version of the Draft Regulations for the International Registry, which would be issued in due course by the Supervisory Authority in accordance with Luxembourg Protocol to the Cape Town Convention. The Commission also received a briefing of the Report on developments since the last Preparatory Commission session and the activities of the Ratification Task Force, and was informed on the activity of the Group of Experts established by UNECE for the Permanent Identification of Railway Rolling Stock (PIRRS). A number of participating delegations made very supportive statements relating to the benefits connected with the future operation of the Protocols as well as to the status of the ratification process in their legal system.
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>>> Documents of the 9th session of the Preparatory Commission
Following the Rail Preparatory Commission session, the Rail Working Group organised a panel entitled “Building Back Greener: The role of the Luxembourg Rail Protocol in the Post-Covid Economy”. The event, hosted by OTIF, was opened by the Secretaries General of OTIF and UNIDROIT, respectively Mr Wolfgang Küpper and Professor Ignacio Tirado, followed by an introductory statement from the Deputy Director of the Land Directorate at DG Move (European Commission) Ms Claire Depré.
RWG Chairman Howard Rosen then moderated a panel with participation of Alberto Mazzola (Executive Director, Community of European Railway and Infrastructure Companies), Anne Mazière (Head of Business Support / Executive Director, Crédit Agricole Corporate and Investment Bank), and Jamie Holley (CEO of Traxtion and Chairman of the African Rail Industry Association).
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10th Session of the Preparatory Commission
OTIF and UNIDROIT jointly held the 10th session of the Preparatory Commission for the establishment of an International Registry under the Luxembourg Rail Protocol (“Preparatory Commission”) by means of a written, e-mail confirmation procedure, as provided for by Rule 16 of the Preparatory Commission’s Rules of Procedure. The session was convened to confer a mandate upon a Negotiating Team to carry out negotiations concerning a change of ownership and control of the Registry-designate Regulis SA, the possibility of which had been brought to the attention of the Preparatory Commission Co-Chairs in 2020, and any related necessary adjustments of the contracts for the operation of the International Registry.
Member States were requested to express their views on the confirmation procedure no later than 26 July 2021. Approval was unanimously conferred by the sixteen Member States and three organisations participating therein. The Negotiating Team was composed of Preparatory Commission Co-Chairs Antti Leinonen (Finland) and Peter Bloch (US), Secretary-General Ignacio Tirado and Deputy Secretary-General Anna Veneziano of UNIDROIT, Secretary-General Wolfgang Küpper and Head of Administration and Finance Department Lunesterline Andriamahatahitry of OTIF, and Chairman Howard Rosen and Secretary Martin Fleetwood of the Rail Working Group.
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11th Session of the Preparatory Commission
On 29 November 2022, OTIF and UNIDROIT jointly held the 11th Session of the Preparatory Commission for the Establishment of the International Registry for Railway Rolling Stock under the Luxembourg Protocol (“Preparatory Commission”), both in person at the seat of UNIDROIT in Rome and remotely.
The session was attended by 20 State delegations and was opened by the Secretaries General of UNIDROIT and OTIF, respectively Professor Ignacio Tirado and Mr Wolfgang Küpper. The opening of the session also featured statements from Her Excellency Michèle Pranchère-Tomassini, Ambassador of Luxembourg to Italy, and Her Excellency Nosipho Nausca-Jean Jezile, Ambassador of South Africa to Italy. The Preparatory Commission was co-chaired by Peter Bloch (USA) and Antti Leinonen (Finland).
Notably, after reviewing the Final Report of the Negotiating Team, the Preparatory Commission approved by consensus the change of control in the Registrar-designate Regulis S.A. from SITA BV to ISC Atlantic Services Inc, as well as the consequent amendments to the contracts regarding the operation of the Registry, and the assignment of the Master Service Agreement, Software Security Agreement, and Deed of Business Continuity from SITA Ireland to ERS.
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