COMMISSION DECISION
of 14 November 2012
concerning the technical specification for interoperability relating to the ‘operation and traffic management’ subsystem of the rail system in the European Union and amending Decision 2007/756/EC
(notified under document C(2012) 8075)
(Text with EEA relevance)
(2012/757/EU)
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 6(1) thereof,
Whereas:
(1)
Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) (2) requires the European Railway Agency (the Agency) to ensure that the technical specifications for interoperability (TSIs) are adapted to technical progress, market trends and social requirements and to propose to the Commission the amendments to the TSIs which it considers necessary.
(2)
By Decision C(2010) 2576 of 29 April 2010, the Commission gave the Agency a mandate to develop and review the technical specifications for interoperability with a view to extending their scope to the whole rail system in the Union. Under the terms of that mandate, the Agency was asked to merge and extend the scope of the high-speed TSI and the conventional rail TSI relating to the ‘Traffic Operation and Management’ subsystem. These TSIs were adopted respectively by Commission Decision 2008/231/EC (3), and Commission Decision 2011/314/EU (4).
(3)
On 5 September 2011, the Agency issued a recommendation on the merging of the TSI on operation and traffic management for conventional rail and the TSI on operation and traffic management for high-speed rail, the extension of the geographical scope of these TSIs and the transfer of details of the European vehicle number (EVN) to Commission Decision 2007/756/EC (5).
(4)
Implementation of the TSI set out in Annex I, and conformity with the relevant points of that TSI, should be determined in accordance with an implementation plan that each Member State is required to update for the lines for which it is responsible.
(5)
Rail traffic currently operates under existing national, bilateral, multinational or international agreements. It is important that those agreements do not hinder current and future progress towards interoperability. Therefore a procedure of notification of these agreements by Member States should set up.
(6)
Railway vehicles are registered by the bodies that keep the national vehicle registers pursuant to Decision 2007/756/EC, based on Article 33 of Directive 2008/57/EC.
(7)
The format of the European vehicle number and the requirement to have it painted on the vehicle are both necessary for identifying the vehicle and should therefore remain in the TSI on operation and traffic management.
(8)
To make it easier to understand the national vehicle register and the vehicle registration processes, it is appropriate to transfer the details of the technical codes that are part of the European vehicle number to Decision 2007/756/EC. Decision 2007/756/EC should therefore be amended accordingly.
(9)
Via the Committee established in accordance with Article 29 of Directive 2008/57/EC, the Commission must inform the Member States of changes in the lists of codes published by the Agency.
(10)
Directive 2008/57/EC defines the ‘operation and traffic management’ subsystem as functional. Consequently, the TSI on operation and traffic management is not assessed when authorising a vehicle to be brought into service but when assessing the safety management systems of railway undertakings and infrastructure managers.
(11)
For the sake of clarity and simplicity, it is appropriate not to amend the transitional provisions set out in Articles 3, 5 and 7 of Decision 2011/314/EU.
(12)
Decisions 2008/231/EC and 2011/314/EU should be repealed.
(13)
The measures provided for in this Decision are in conformity with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,
HAS ADOPTED THIS DECISION:
Article 1
1. The technical specification for interoperability (TSI) relating to the ‘operation and traffic management’ subsystem of the rail system in the Union, as set out in Annex I, is hereby adopted.
2. The TSI set out in Annex I to this Decision shall apply to the operation and traffic management subsystem as described in point 2.5 of Annex II to Directive 2008/57/EC.
Article 2
Member States shall notify the following types of agreement to the Commission by 30 June 2014 at the latest, provided they have not already been notified under Commission Decision 2006/920/EC (6), Decision 2008/231/EC or Decision 2011/314/EU:
(a)
national agreements between the Member States and railway undertakings or infrastructure managers, agreed on either a permanent or a temporary basis and required by the very specific or local nature of the intended transport service;
(b)
bilateral or multilateral agreements between railway undertakings, infrastructure managers or safety authorities which deliver significant levels of local or regional interoperability;
(c)
international agreements between one or more Member States and at least one third country, or between railway undertakings or infrastructure managers of Member States and at least one railway undertaking or infrastructure manager of a third country, which deliver significant levels of local or regional interoperability.
Article 3
Each Member State, acting in accordance with Chapter 7 of Annex I to this Decision, shall update the national implementation plans for the TSI, established in accordance with Article 4 of Decision 2006/920/EC, Article 4 of Decision 2008/231/EC and Article 5 of Decision 2011/314/EU.
Each Member State shall forward the updated implementation plan to the other Member States and the Commission by 31 December 2014 at the latest.
Article 4
Decisions 2008/231/EC and 2011/314/EU are hereby repealed with effect from 1 January 2014.
Article 5
Decision 2007/756/EC is hereby amended as follows:
(a)
The following Article is inserted after Article 1:
‘Article 1a
Appendix 6 of the Annex of this Decision shall apply from 1 January 2014.’
(b)
The Annex is amended in accordance with Annex II to this Decision.
Article 6
1. The Agency shall publish on its website the lists of codes referred in parts 9, 10, 11, 12 and 13 of Appendix 6 of the Annex to Decision 2007/756/EC.
2. The Agency shall keep the lists of codes referred to in paragraph 1 up to date and shall inform the Commission of any changes to those codes. The Commission shall inform the Member States of the evolution of these lists through the Committee established in accordance with Article 29 of Directive 2008/57/EC.
Article 7
This Decision shall apply from 1 January 2014.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 14 November 2012.