COMMISSION REGULATION (EC) No 62/2006
of 23 December 2005
concerning the technical specification for interoperability relating to the telematic applications for freight subsystem of the trans-European conventional rail system
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European 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. Each of the subsystems should be covered by a technical specification for interoperability (TSI).
(2)
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 joint representative body.
(3)
The AEIF has been given a mandate to draw up a draft TSI for the telematics applications for freight 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).
(4)
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.
(5)
The draft TSI has been examined by the Committee set up by Article 21 of Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (3) and in the light of the introductory report.
(6)
According to Article 1 of Directive 2001/16/EC, the conditions for achieving interoperability of the trans-European conventional rail system concern the design, construction, upgrading, renewal and operation of the infrastructures and rolling stock contributing to the functioning of the system to be put into service after the date of entry into force of the Directive. In addition to this, the efficient interconnection of the information and communication systems of the different infrastructure managers and operators is considered to be important.
(7)
Most of the existing telematics applications for freight were developed and implemented according to national market requirements. This hampers the continuity of information services across borders, a key factor in ensuring the quality of international rail services, notably in the fast-growing segment of international freight services.
(8)
A TSI on telematics 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.
(9)
The telematics 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. For this purpose, a Change Control Management process will be devised to consolidate and update the requirements of the TSI. This updating process will be placed under the auspices of the European Railway Agency established under Regulation (EC) No 881/2004 of the European Parliament and of the Council (4) once the Agency is operational, namely by April 2006 at the latest. Where appropriate, a deeper and more comprehensive review or updating procedure which entails modifications to the due process identified in this TSI will be initiated in accordance with Article 6(3) of Directive 2001/16/EC.
(10)
The application of a telematics TSI should take into account specific criteria relating to technical and operational compatibility between the infrastructures and the rolling stock to be brought into service and the systems into which they are to be integrated. These compatibility requirements entail a complex technical and economical analysis that is to be done on a case-by-case basis. Such analysis should take into account the interfaces between the different subsystems referred to in Directive 2001/16/EC, the different categories of lines and rolling stock referred to in that Directive and the technical and operational environments of the existing network.
(11)
However, it is essential that such an analysis should proceed within a framework of coherent implementation rules and guidelines. That will necessitate the establishment, by the representative bodies from the railway sector acting on a European level, of a European strategy for the implementation of a telematics TSI. Such a strategy should indicate the stages required to move from the present fragmented national approaches in regard to information management to a situation of seamless information exchange across the whole rail network of the European Union.
(12)
To ensure an efficient implementation of the TSI, a Strategic European Deployment Plan must be developed. Phasing plans to be set up by the actors must be co-ordinated at European level and take into account existing processes and IT systems of the railway undertakings and the infrastructure managers. For this purpose, Railway Undertakings and Infrastructure Managers should contribute by providing functional and technical information about the existing individual telematics applications for freight.
(13)
The target system required in the TSI should build upon computer-based technology having a prospective operative life-span which is significantly less than that of current traditional railway signalling and telecommunication facilities. That being so, it calls for a proactive rather than reactive deployment strategy to prevent the system from becoming obsolete before its interconnections have been fully established. In addition, fragmented deployment throughout the European rail system would give rise to major costs and operational overheads due to uncertainty as to continuity of service. The development of a coherent framework plan at European level would contribute to a harmonious development of seamless information services across the whole trans-European rail system, in compliance with the EU strategy for the TEN-transport network. Such a plan should build upon the corresponding national implementation plans and should provide an appropriate knowledge base for decision support by the different stakeholders - in particular, by the Commission in the allocation of financial support to railway projects. The Commission should be permitted to facilitate the appropriate means to ensure coordination between the parties in the development of such a European plan.
(14)
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.
(15)
The TSI on telematics applications for freight has a functional nature. As a consequence, the main addressees of the provisions contained in the TSI will be the market actors. A Regulation addressed to a suitable range of actors is more appropriate than a Decision addressed to the Member States, in view of the implementation of the provisions of the TSI.
(16)
The provisions of this Regulation are in conformity with the opinion of the Committee set up by Directive 96/48/EC,
HAS ADOPTED THIS REGULATION:
Article 1
The technical specification for interoperability (TSI) relating to the ‘telematics applications for freight’ subsystem of the conventional rail system referred to in Article 6(1) of Directive 2001/16/EC shall be as set out in the Annex to this Regulation.
The TSI shall be fully applicable to the infrastructure and rolling stock of the trans-European conventional rail system as defined in Annex I to Directive 2001/16/EC.
Article 2
Railway Undertakings and Infrastructure Managers shall contribute by providing functional and technical information about the existing individual telematics applications for freight as defined in Chapter 2 of the Annex, not later than six months after the entry into force of this Regulation.
Article 3
The representative bodies from the railway sector acting on a European level as defined in Article 3(2) of Regulation (EC) No 881/2004 shall establish a Strategic European Deployment Plan for the attached TSI according with the criteria specified in Chapter 7 of the Annex to this Regulation.
They shall forward this strategic plan to the Member States and the Commission not later than one year after the entry into force of this Regulation.
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 of the entry into force of this Regulation.
Article 5
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2005.