COMMISSION DECISION
of 1 February 2008
concerning the technical specification of interoperability relating to the operation subsystem of the trans-European high-speed rail system adopted referred to in Article 6(1) of Council Directive 96/48/EC and repealing Commission Decision 2002/734/EC of 30 May 2002
(notified under document number C(2008) 356)
(Text with EEA relevance)
(2008/231/CE)
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 6(1) and 6(2) thereof,
Whereas:
(1)
In accordance with Article 6(2) of Directive 96/48/EC as modified by Directive 2004/50/EC (2), amendments to technical specifications for interoperability (TSIs) are drafted by the European Railway Agency (ERA) under a mandate of the Commission.
(2)
The TSI attached to this Decision was drafted by the Joint Representative Body under a mandate delivered in 2001, in accordance with Article 6(1) of Directive 96/48/EC before entry into force of Directive 2004/50/EC. The European Association for Railway Interoperability (AEIF) was appointed as the joint representative body.
(3)
The draft TSI was accompanied by a presentation report containing a cost-benefit analysis as provided for in Article 6(5) of Directive 96/48/EC.
(4)
The draft TSI has been examined by the Committee set up by Directive 96/48/EC on the interoperability of the trans-European high-speed rail system in the light of the presentation report.
(5)
In its current version the TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 96/48/EC as modified by Directive 2004/50/EC, technical aspects which are not covered are identified as ‘Open Points’ in Annex U of this TSI.
(6)
In accordance with Article 17 of Directive 96/48/EC as modified by Directive 2004/50/EC, individual Member States are to inform the other Member States and the Commission of the relevant national technical rules in use for implementing essential requirements related to these ‘open points’, as well as of the bodies it appoints for carrying out the procedure for the assessment of conformity or suitability for use and the checking procedure in use for verifying the interoperability of subsystems within the meaning of Article 16(2) of Directive 96/48/EC. For this latter purpose, Member States should apply, as far as possible, the principles and criteria provided for in Directive 96/48/EC and make use of the bodies notified under Article 20 of Directive 96/48/EC. The Commission should carry out an analysis of the information forwarded by the Member States, in the form of national rules, procedures, bodies in charge of implementing procedures, and duration of these procedures, and, where appropriate, should discuss with the Committee the need for the adoption of any measures.
(7)
The TSI in question should not demand 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.
(8)
The TSI is based on best available expert knowledge at the time of preparation of the relevant draft. Developments in technology, operational, safety or social requirements may make it necessary to amend or supplement this TSI. Where applicable, a review or updating procedure should be initiated in accordance with Article 6(3) of Directive 96/48//EC.
(9)
To encourage innovation and in order to take into account the experience acquired, the attached TSI should be subject to a periodical revision at regular intervals.
(10)
Where innovative solutions 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.
(11)
Implementation of the attached TSI and conformity with the relevant sections of the TSI must be determined in accordance with an implementation plan that shall be drawn up by each Member State for the lines for which it is responsible. The Commission should carry out an analysis of the information forwarded by the Member States and, where appropriate, should discuss with the Committee the need for the adoption of any further measures.
(12)
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.
(13)
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 revised version of Technical Specification for Interoperability (‘TSI’) relating to the ‘traffic operation and management’ subsystem of the trans-European high-speed rail system referred to in Article 6(1) of Directive 96/48/EC is hereby adopted by the Commission.
The TSI shall be as set out in the Annex to this Decision.
The TSI shall be applicable to the traffic operation and management subsystem as defined in Annex II to Directive 96/48/EC.
Article 2
1. With regard to those issues classified as ‘Open points’ set out in Annex U 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 subsystem 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 3
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 4
Member States shall establish a national implementation plan of the TSI in accordance with the criteria specified in Chapter 7 of the Annex.
They shall forward this implementation plan to the other Member States and the Commission not later than one year after the date on which this Decision becomes applicable.
Article 5
Commission Decision 2002/734/EC (3) shall no longer apply as from the date on which this Decision becomes applicable.
Article 6
This Decision shall apply from 1 September 2008.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 1 February 2008.