COMMISSION DECISION
of 9 November 2007
adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC
(notified under document number C(2007) 5357)
(2007/756/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (1), and in particular Articles 14(4) and (5) thereof,
Having regard to Directive 2001/16/EC of 19 March 2001 of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system (2), and in particular Articles 14(4) and (5) thereof,
Whereas:
(1)
Where Member States authorise the placing in service of rolling stock, they have to ensure that an identification code is assigned to each individual vehicle. This code should then be entered in a national vehicle register (hereafter NVR). This register must be accessible for consultation by authorised representatives from competent authorities and stakeholders. The different national registers should be consistent as regards data contents and data formatting. This requires their establishment on the basis of common operational and technical specifications.
(2)
The common specifications for the NVR should be adopted on the basis of the draft specification prepared by the European Railway Agency (hereafter the Agency). These draft specifications should include in particular the definition of: the content, the functional and technical architecture, the data format, the operating modes, including rules for data input and consultation.
(3)
This Decision has been prepared on the basis of the recommendation of the Agency No ERA/REC/INT/01-2006 dated 28 July 2006.
The NVR of a Member State should contain all vehicles authorised in that Member State. However freight wagons and passenger cars should be only registered in the NVR of the Member State where they are first placed in service.
(4)
A standard form should be used for purposes of vehicles registration, confirmation of registration, alteration of registration item(s) and confirmation of the change(s).
(5)
Each Member State should establish a computer-based NVR. All NVRs should be linked to a central Virtual Vehicle Register (hereafter VVR) managed by the Agency in order to establish the register of documents on interoperability provided for Article 19 of Regulation (EC) No 881/2004 (3). The VVR should allow users to search all NVRs through a single portal and enable exchange of data between national NVRs. However, for technical reasons, the link to the VVR cannot be set up immediately. Therefore, Member States should only be required to connect their NVRs to the central VVR once the effective functioning of the VVR has been demonstrated. To this end, the Agency will carry out a pilot project.
(6)
According to item No 8 of the minutes of the meeting No 40 of the Regulatory Committee established under Article 21 of Directive 2001/16/EC, all existing vehicles should be registered in the NVR of the Member State where they were formerly registered. The transfer of data should take into account an adequate transition period and data availability.
(7)
In accordance with Article 14(4)(b) of Directive 96/48/EC and Article 14(4)(b) of Directive 2001/16/EC, the NVR should be kept and updated by a body independent of any railway undertaking. Member States should inform the Commission and the other Member States of the body which they have designated for this purpose, inter alia, in order to facilitate the exchange of information between these bodies.
(8)
Some Member States have an extensive 1 520 mm gauge network operating a fleet of wagons that is common to the Commonwealth of Independent States (CIS) countries. This has resulted in a common registration system that is an important element of the interoperability and safety of this 1 520 mm network. This specific situation should be recognized and specific rules established to avoid lack of consistency in the EU- and CIS-related obligations for the same vehicle.
(9)
The rules laid down in Annex P of the TSI on traffic operations and management are applicable with regard to the numbering system of vehicles for the purpose of registration in the NVR. The Agency will develop a guide for the harmonised application of these rules.
(10)
The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 21 of Directive 96/48/EC,
HAS ADOPTED THIS DECISION:
Article 1
The common specifications of the National Vehicle Register in accordance with Article 14(5) of Directive 96/48/EC and Article 14(5) of Directive 2001/16/EC, as set out in the Annex, are hereby adopted.
Article 2
When registering vehicles after the entry into force of this Decision, Member States shall use the common specifications laid down in the Annex.
Article 3
Member States shall register existing vehicles as provided for in section 4 of the Annex.
Article 4
1. In accordance with Article 14(4)(b) of Directive 96/48/EC and Article 14(4)(b) of Directive 2001/16/EC, Member States shall designate a national body which shall be responsible for the keeping and updating of the National Vehicle Register. This body can be the National Safety Authority of the Member State concerned. Member States shall ensure that these bodies cooperate and share information in order to ensure that data changes are communicated in a timely manner.
2. Member States shall inform the Commission and the other Member States, within one year of the entry into force of this decision, of the body designated in accordance with paragraph 1.
Article 5
1. Rolling stock placed in service for the first time in Estonia, Latvia or Lithuania and intended to be used outside the European Union as part of common 1 520 mm rail system wagons fleet shall be registered in both the NVR and the Information Database of the Council of Railway Transport of the Commonwealth of Independent States. In this case, the 8-digit numbering system may be applied instead of the numbering system specified in the Annex.
2. Rolling stock placed in service for the first time in a third country and intended to be used inside the European Union as part of the common 1 520 mm rail system wagons fleet shall not be registered in the NVR. However, in conformity with article 14(4) of Directive 2001/16/EC, it must be possible to retrieve information listed in Article 14(5)(c), (d) and (e) from the Information Database of the CIS Council of Railway Transport.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 9 November 2007.