# Commission Directive 2013/9/EUShow full title

Commission Directive 2013/9/EU of 11 March 2013 amending Annex III to Directive 2008/57/EC of the European Parliament and            of the Council on the interoperability of the rail system within the Community (Text with EEA relevance)         

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U.K.

# Commission Directive 2013/9/EU                     

# of 11 March 2013

# amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail                        system within the Community                     

# (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability                           of the rail system within the Community(1), and in particular Article 30(3) thereof,                        

Whereas:

(1)Measures designed to amend non-essential elements of Directive 2008/57/EC and relating to the adaptation of Annexes II to                              IX to that Directive are to be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 29(4)                              of Directive 2008/57/EC.

(2)The United Nations Convention on the Rights of Persons with Disabilities, to which the European Union is a party(2), establishes, in Article 3, accessibility as one of its general principles and requires, in Article 9, that States Parties                              take appropriate measures to ensure to persons with disabilities access on an equal basis with others. These measures shall                              include the identification and elimination of obstacles and barriers to accessibility and shall apply, inter alia, to transportation.                              In accordance with Article 216(2) TFEU, agreements concluded by the Union are binding upon the institutions of the Union and                              on its Member States, and Directive 2008/57/EC — as an instrument of European Union secondary legislation — is subject to                              the obligations deriving from the Convention.

(3)Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and                              obligations(3) states in recital 10 that disabled persons and persons with reduced mobility have the same right as all other citizens to                              free movement, freedom of choice and non-discrimination and should have opportunities for rail travel comparable to those                              of other citizens. Article 21 of the Regulation requires railway undertakings and station managers to ensure, through compliance                              with the TSI for persons with reduced mobility, that stations, platforms, rolling stock and other facilities are accessible                              to disabled persons and persons with reduced mobility.

(4)An adaptation of Annex III to Directive 2008/57/EC is necessary in order to include therein an explicit reference to accessibility.                              Accessibility is an essential requirement that is both a general requirement for the interoperability of the rail system and                              applies specifically to the infrastructure, rolling stock, operations and telematics applications for passengers’ subsystems.                              Annex III to Directive 2008/57/EC should therefore be amended accordingly.

(5)The measures provided for in this Directive do not in any way affect the principle of gradual implementation set out in Directive                              2008/57/EC, notably that target subsystems indicated in a TSI may be obtained gradually within a reasonable timescale and                              that each TSI should indicate an implementation strategy in order to make a gradual transition from the existing situation                              to the final situation in which compliance with the TSI will be the norm.

(6)The measures provided for in this Directive are consistent with an approach to achieving access on an equal basis by applying                              technical solutions or operational measures or both.

(7)The measures provided for in this Directive are in accordance with the opinion of the Committee established pursuant to Article                              29(1) of Directive 2008/57/EC,

HAS ADOPTED THIS DIRECTIVE:

# Article 1U.K.

Annex III to Directive 2008/57/EC, which sets out Essential Requirements, is hereby amended as follows:

the following paragraphs shall be added to Section 1:

## ‘1.6.*Accessibility*

### 1.6.1.The “infrastructure” and “rolling stock” subsystems must be accessible to persons with disabilities and persons with reduced                                    mobility in order to ensure access on an equal basis with others by way of the prevention or removal of barriers, and by way                                    of other appropriate measures. This shall include the design, construction, renewal, upgrade, maintenance and operation of                                    the relevant parts of the subsystems to which the public has access.

### 1.6.2.The “operations” and “telematics applications for passengers” subsystems must provide for the necessary functionality required                                    to facilitate access to persons with disabilities and persons with reduced mobility on an equal basis with others by way of                                    the prevention or removal of barriers, and by way of other appropriate measures.’;

the following paragraph shall be added to subparagraph 1 of Section 2:

## ‘2.1.2.Accessibility

### 2.1.2.1.Infrastructure subsystems to which the public has access must be accessible to persons with disabilities and persons with                                    reduced mobility in accordance with 1.6.’;

the following paragraph shall be added to subparagraph 4 of Section 2:

## ‘2.4.5.Accessibility

### 2.4.5.1.Rolling stock subsystems to which the public has access must be accessible to persons with disabilities and persons with reduced                                    mobility in accordance with 1.6.’;

the following paragraph shall be added to subparagraph 6 of Section 2:

## ‘2.6.4.Accessibility

### 2.6.4.1.Appropriate steps must be taken to ensure that operating rules provide for the necessary functionality required to ensure                                    accessibility for persons with disabilities and persons with reduced mobility.’;

the following paragraph shall be added to subparagraph 7 of Section 2:

## ‘2.7.5.Accessibility

### 2.7.5.1.Appropriate steps must be taken to ensure that telematics applications for passengers subsystems provide for the necessary                                    functionality required to ensure accessibility for persons with disabilities and persons with reduced mobility.’

# Article 2U.K.

1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive                        by 1 January 2014 at the latest. They shall forthwith communicate to the Commission the text of those provisions.                  

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference                     on the occasion of their official publication. Member States shall determine how such reference is to be made.                  

2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the                        field covered by this Directive.                  

3.The obligations for transposition and implementation of this Directive shall not apply to the Republic of Cyprus and the Republic                        of Malta for as long as no railway system is established within their territories.                  

# Article 3U.K.

This Directive shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

# Article 4U.K.

This Directive is addressed to the Member States.

Done at Brussels, 11 March 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

1

OJ L 191, 18.7.2008, p. 1.                           

2

Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations                              Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).                           

3

OJ L 315, 3.12.2007, p. 14.