COMMISSION DECISION
of 28 July 2006
concerning the technical specification of interoperability relating to the subsystem ‘rolling stock - freight wagons’ of the trans-European conventional rail system
(notified under document number C(2006) 3345)
(Text with EEA relevance)
(2006/861/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2001/16/EC of 19 March 2001 of the European Parliament and of the Council on the interoperability of the conventional rail system (1), and in particular Article 6(1) thereof,
Whereas:
(1)
In accordance with Article 2(c) of Directive 2001/16/EC, the trans-European conventional rail system is subdivided into structural and functional subsystems.
(2)
In accordance with Article 23(1) of the Directive, the subsystem ‘rolling stock - freight wagons’ needs to be covered by a technical specification for interoperability (TSI).
(3)
The first step in establishing a TSI is to have a draft TSI drawn up by the European Association for Railway Interoperability (AEIF) which was appointed as the joint representative body.
(4)
The AEIF has been given a mandate to draw up a draft TSI for the ‘rolling stock - freight wagons’ subsystem in accordance with Article 6(1) of Directive 2001/16/EC. The basic parameters for this draft TSI were adopted by Commission Decision 2004/446/EC of 29 April 2004 specifying the basic parameters of the Noise, Freight Wagons and Telematics applications for freight Technical Specifications for Interoperability referred to in Directive 2001/16/EC (2).
(5)
The draft TSI set up on the basis of the basic parameters was accompanied by an introductory report containing a cost-benefit analysis as provided for in Article 6(5) of the Directive.
(6)
The draft TSIs have been examined by the Committee set up by Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (3) and referred to in Article 21 of Directive 2001/16/EC, in the light of the introductory report.
(7)
Directive 2001/16/EC and the TSIs do apply to renewals but not to maintenance-related replacements. However Member States are encouraged, when they are able to do so and where it is justified by the scope of the maintenance-related work, to apply the TSIs to maintenance-related replacements.
(8)
The putting into service of new, renewed or upgraded wagons must also take into full consideration the impact on the environment; this includes the impact of noise. It is therefore important that the implementation of the TSI being the subject of this Decision is carried out in conjunction with the requirements of the Noise TSI, to the extent that the Noise TSI applies to freight wagons.
(9)
In its current version the TSI does not fully deal with all aspects of interoperability; the items which are not dealt with are classified as ‘Open Points’ in Annex JJ of the TSI. Given that the verification of interoperability has to be established by reference to the requirements of the TSIs, in accordance with Article 16(2) of Directive 2001/16/EC, it is necessary, during the transition period between the publication of this Decision and the full implementation of the attached TSI, to lay down the conditions to be complied with in addition to those explicitly referred to in the TSI attached.
(10)
Individual Member States are to inform the other Member States and the Commission of the relevant national technical rules in use for achieving interoperability and meeting the essential requirements of Directive 2001/16/EC as well as of the bodies it appoints for carrying out the procedure for the assessment of conformity or suitability for use as well as the checking procedure in use for verifying the interoperability of subsystems within the meaning of Article 16(2) of Directive 2001/16/EC. For this latter purpose, Member States should apply, as far as possible, the principles and criteria provided for in Directive 2001/16/EC for the implementation of Article 16(2) in making use of the bodies notified under Article 20 of Directive 2001/16/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.
(11)
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 conventional rail system.
(12)
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 2001/16/EC.
(13)
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.
(14)
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.
(15)
Freight wagons currently operate 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.
(16)
In order to avoid any confusion, it is necessary to state that the provisions of Decision 2004/446/EC which concern the basic parameters of the trans-European conventional rail system shall not apply anymore.
(17)
The provisions of this Decision are in conformity with the opinion of the Committee set up by Article 21 of Directive 96/48/EC,
HAS ADOPTED THIS DECISION:
Article 1
A Technical Specification for Interoperability (TSI) relating to the ‘rolling stock - freight wagons’ subsystem of the trans-European conventional system referred to in Article 6(1) of Directive 2001/16/EC is hereby adopted by the Commission.
The TSI shall be as set out in the Annex to this Decision.
The TSI shall be fully applicable to the freight wagon rolling stock of the trans-European conventional rail system as defined in Annex I to Directive 2001/16/EC, account being taken of Articles 2 and 3 of this Decision.
Article 2
1. With regard to those issues classified as ‘Open points’ set out in Annex JJ of the TSI, the conditions to be complied with for the verification of the interoperability pursuant to Article 16(2) of Directive 2001/16/EC shall be those applicable technical rules in use in the Member State which authorise the putting into 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 undertakings or infrastructure managers, agreed on either a permanent or a temporary basis and necessitated 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 4
Those provisions of Decision 2004/446/EC which concern the basic parameters of the trans-European conventional rail system shall no longer apply as from the date on which this Decision becomes applicable.
Article 5
This Decision shall become applicable six months after the date of its notification.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 28 July 2006.