COMMISSION DECISION
of 21 December 2007
concerning the technical specification of interoperability relating to ‘persons with reduced mobility’ in the trans-European conventional and high-speed rail system
(notified under document C(2007) 6633)
(Text with EEA relevance)
(2008/164/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,
Having regard to Directive 96/48/EC of 23 July 1996 of the European Parliament and of the Council on the interoperability of the high-speed rail system (2), and in particular Article 6 (1) thereof
Whereas:
(1)
In accordance with Article 5(1) of Directive 2001/16/EC, and Article 5(1) of Directive 96/48/EC, each of the subsystems shall be covered by one TSI. Where necessary, a subsystem may be covered by several TSIs and one TSI may cover several subsystems. The decision to develop and/or to review a TSI and the choice of its technical and geographical scope requires a mandate in accordance with Article 6(1) of Directive 2001/16/EC and Article 6(1) of 96/48/EC;
(2)
Annex II of Directive 2001/16/EC provides that the needs of persons with reduced mobility shall be taken into account in the elaboration of a TSI for subsystem Infrastructure (section 2.1 of the Directive) and for subsystem Rolling Stock (section 2.6 of Annex II of the Directive 2001/16/EC). In this respect a mandate was granted to the European Association for Railway Interoperability (AEIF), which was appointed as the joint representative body, to draw up a draft TSI for ‘accessibility for persons with reduced mobility’ containing provisions to be applied to both the infrastructure and rolling stock;
(3)
In 2001 the AEIF were granted a mandate to revise the first set of high speed TSIs which had been adopted in 2002, related to the rolling stock, infrastructure, control-command and signalling, energy, maintenance, and operation sub-systems. As part of this part the AEIF were asked to consider, amongst other issues, the harmonisation of the TSIs with those on conventional rail interoperability and the accessibility for mobility-impaired persons. For this reason the draft TSI on persons with reduced mobility prepared by the AEIF covered both conventional and high speed rail.
(4)
The first high speed TSI of the rolling stock sub-system, adopted as Annex to Decision 2002/735/EC, came into force in 2002. Due to existing contractual commitments, new rolling stock sub-systems or interoperability constituents, or their renewal and upgrade may today fall under conformity assessment against this first TSI. As this TSI in Annex to this Decision is applicable to all new, renewed and upgraded high speed and conventional rail rolling stock, it is important to determine the scope of applicability of the first high speed rolling stock TSI which was adopted as Annex to Decision 2002/735/EC. Member States shall notify an exhaustive list of subsystems and interoperability constituents which are at an advanced stage of development, and fall under Article 7(a) of Directive 96/48/EC. These shall be notified to the Commission not later than six months after the date on which the present Decision becomes applicable.
(5)
The draft TSI has been examined by the Committee set up by Concil 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.
(6)
The main stakeholders have been consulted during the elaboration of the draft TSI. Their observations and concerns have been taken into account wherever possible.
(7)
In its proposal for a Regulation on International Rail Passengers' Rights and Obligations (4), the Commission included several provisions ensuring that PRMs are given assistance on board of trains and in stations in order to allow them the full benefits of travelling by train as any other citizen;
(8)
The proposal for International Rail Passengers' Rights and Obligations also contains provisions requiring railway undertakings and infrastructure managers to provide all relevant information on the accessibility and access conditions for PRMs of trains and stations;
(9)
The main objective of the underlying Directives 2001/16/EC and 96/48/EC is interoperability. The aim of the TSI is to harmonise the provisions to be made for persons with reduced mobility travelling as passengers on the conventional and high-speed railway system. Train, stations and relevant parts of the infrastructure that comply with the measures described within the TSI will permit interoperability and offer a similar level of access to persons with reduced mobility across the trans-European network. The TSI does not prevent Member States from introducing additional measures for improving access, as long as it does not impede interoperability or place undue cost on Railway Undertakings. Improved accessibility to rolling stock and stations for disabled and persons with reduced mobility could potentially increase the number of passengers that are currently are forced to use other modes of transport.
(10)
Directives 2001/16/EC and 96/48/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.
(11)
In its current version the TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 2001/16/EC, and Article 17 of Directive 96/48/EC, both as modified by Directive 2004/50/EC, technical aspects which are not covered are identified as ‘Open Points’ in Annex L of this TSI.
(12)
In accordance with Article 17 of Directive 2001/16/EC and Article 17 of Directive 96/48/EC, both 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 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 and Article 16(2) of 96/48/EC. For this latter purpose, Member States should apply, as far as possible, the principles and criteria provided for in Directives 2001/16/EC and 96/48/EC. Wherever possible Member States shall make use of the bodies notified under Article 20 of Directive 2001/16/EC and Article 20 of 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.
(13)
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.
(14)
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, or Article 6(3) of Directive 96/48/EC. This review shall involve organisations representing the interests of PRMs;
(15)
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.
(16)
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.
(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 ‘persons with reduced mobility’ is hereby adopted by the Commission in accordance with Article 6(1) of the Directive 2001/16/EC and Article 6(1) of Directive 96/48/EC.
The TSI shall be as set out in the Annex to this Decision.
The TSI shall be fully applicable to the trans-European conventional rail system as defined in Article 2 and Annex I to Directive 2001/16/EC, and the trans-European high-speed rail system as defined in Article 2 and Annex I to Directive 96/48/EC.
Article 2
Member States may still apply Commission Decision 2002/735/EC for those projects falling under the scope of Article 7(a) of Directive 96/48/EC.
An exhaustive list of the sub-systems and interoperability constituents to which this is applicable shall be notified to the Commission not later than six months after the date on which this Decision becomes applicable.
Article 3
1. With regard to those issues classified as ‘Open points’ set out in Annex C 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 and 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
This Decision shall apply from 1 July 2008.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 21 December 2007.