COMMISSION DECISION
of 20 December 2007
concerning a technical specification for interoperability relating to the ‘infrastructure’ sub-system of the trans-European high-speed rail system
(notified under document number C(2007) 6440)
(Text with EEA relevance)
(2008/217/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 96/48/EC of 23 July 1996 of the Council on the interoperability of the trans-European high speed rail system (1), and in particular Article 6 (1) thereof,
Whereas:
(1)
In accordance with Article 2(c) and Annex II of Directive 96/48/EC, the trans-European high speed rail system is subdivided into structural and functional subsystems, including an infrastructure subsystem.
(2)
Commission Decision 2002/732/EC (2) established the first technical specification for interoperability (TSI) concerning the trans-European high speed infrastructure sub-system.
(3)
It is necessary to review that first TSI in light of technical progress and experience gained from its implementation.
(4)
The AEIF, as joint representative body, had been given a mandate to review and revise that first TSI. Decision 2002/732/EC should therefore be replaced by this Decision.
(5)
The draft revised TSI has been examined by the Committee set up by Directive 96/48/EC
(6)
This TSI should apply to new or upgraded and renewed infrastructure, under certain conditions.
(7)
This TSI is without prejudice to the provisions of other relevant TSIs which may be applicable to infrastructure subsystems.
(8)
The first TSI concerning the ‘infrastructure’ sub-system, came into force in 2002. Due to existing contractual commitments, new infrastructure sub-systems or interoperability constituents, or their renewal and upgrade should fall under conformity assessment under the provisions of this first TSI. Further, the first TSI should remain applicable for the purposes of maintenance, maintenance related replacements for components of the subsystem and interoperability constituents authorised under the first TSI,. Therefore, the effects of Decision 2002/732/EC should be maintained in force in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision. In order to determine the difference in scope of applicability of the first TSI, from the new TSI which is in annex to the present Decision, Member States shall notify, not later than six months after the date on which the present Decision becomes applicable, a list of the sub-systems and interoperability constituents to which the first TSI is still applicable.
(9)
The sub-assembly ‘non ballasted track’ of the ‘infrastructure’ sub-system is defined as a ‘novel solution’ for the purposes of this TSI. The possibility of defining the ‘non ballasted track’ as an ‘experienced solution’ should however be considered in future.
(10)
This TSI does not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the trans-European high speed rail system.
(11)
This TSI allows, for a limited period of time, for interoperability constituents to be incorporated into sub-systems without certification if certain conditions are met.
(12)
In its current version this TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 96/48/EC technical aspects which are not covered are identified as ‘Open Points’ in Annex H of this TSI. In accordance with Article 16(3) of Directive 96/48/EC, Member States shall notify to the Commission and other Member States a list of their national technical rules relating to the ‘Open Points’ and the procedures to be used for their conformity assessment.
(13)
In relation to the specific cases described in Chapter 7 of this TSI, Member States shall notify to the Commission and other Member States the conformity assessment procedures to be used.
(14)
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. To this end, it is necessary that the Commission examine those agreements in order to determine whether the TSI presented in this Decision needs to be revised accordingly.
(15)
The TSI is based on best available expert knowledge at the time of preparation of the relevant draft. To continue to encourage innovation and to take into account the experience acquired, the attached TSI should be subject to periodic revision.
(16)
This TSI allows for innovative solutions. Where these are proposed the manufacturer or the contracting entity shall state the deviation from the relevant section of the TSI. The European Rail Agency will finalise the appropriate functional and interface specifications of the solution and develop the assessment methods.
(17)
The provisions of this Decision are in conformity with the opinion of the Committee set up by Article 21 of Council Directive 96/48/EC,
HAS ADOPTED THIS DECISION:
Article 1
A Technical Specification for Interoperability (‘TSI’) relating to the ‘infrastructure’ subsystem of the trans-European high speed railway, is hereby adopted by the Commission.
The TSI shall be as set out in the Annex to this Decision.
Article 2
This TSI shall be applicable to all new, upgraded or renewed infrastructure of the trans-European high speed rail system as defined in Annex I to Directive 96/48/EC.
Article 3
(1) With regard to those issues classified as ‘Open points’ set out in Annex H of the TSI, the conditions to be complied with for the verification of the interoperability pursuant to Article 16(2) of Directive 96/48/EC shall be those applicable technical rules in use in the Member State which authorise the placing in service of the subsystems covered by this Decision.
(2) Each Member State shall notify to the other Member States and to the Commission within six months of the notification of this Decision:
(a)
the list of the applicable technical rules mentioned in paragraph 1;
(b)
the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(c)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.
Article 4
(1) With regard to those issues classified as ‘Specific Cases’ set out in Chapter 7 of the TSI the conformity assessment procedures shall be those applicable in Member States.
(2) Each Member State shall notify to the other Member States and the Commission within six months of the notification of this Decision:
(a)
the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(b)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.
Article 5
The TSI allows for a transition period during which the conformity assessment and certification of interoperability constituents may be carried out as part of the sub-system. During this time Member States shall notify to the Commission which interoperability constituents have been assessed in this manner in order for the market for interoperability constituents to be closely monitored and steps taken to facilitate it.
Article 6
Decision 2002/732/EC is hereby repealed. Its provisions shall however continue to apply in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision.
A list of the sub-systems and interoperability constituents to which the provisions of Decision 2002/732/EC continue to apply shall be notified to the Commission not later than six months after the date on which the present Decision becomes applicable.
Article 7
Member States shall notify the following types of agreement to the Commission within six months of the entry into force of the attached TSI:
(a)
national, bilateral or multilateral agreements between Member States and Railway Undertaking(s) or Infrastructure Manager(s), agreed on either a permanent or a temporary basis and required due to the very specific or local nature of the intended train service;
(b)
bilateral or multilateral agreements between Railway Undertaking(s), Infrastructure Manager(s) or Member State(s) which deliver significant levels of local or regional interoperability;
(c)
international agreements between one or more Member State(s) and at least one third country, or between Railway Undertaking(s) or Infrastructure Manager(s) 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 8
This Decision shall apply from 1 July 2008.
Article 9
This Decision is addressed to the Member States.
Done at Brussels, 20 December 2007.