COMMISSION DECISION
of 28 March 2006
concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system
(notified under document number C(2006) 964)
(Text with EEA relevance)
(2006/679/EC)
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 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 or functional subsystems. Each of these subsystems is to 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 the joint representative body.
(3)
The AEIF has been given a mandate to draw up a draft TSI for the control-command and signalling subsystem in accordance with Article 6(1) of Directive 2001/16/EC. The basic parameters for this draft TSI were adopted by Commission Decision 2004/447/EC of 29 April 2004 modifying Annex A to Decision 2002/731/EC of 30 May 2002 and establishing the main characteristics of the Class A system (ERTMS) of the control-command and signalling subsystem of the trans-European conventional rail system referred to in Directive 2001/16/EC of the European Parliament and of the Council (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 Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (3)
(6)
As is required by Article 1 of Directive 2001/16/EC, the conditions for achieving interoperability of the trans-European conventional rail system concern the design, construction, commissioning, upgrading, renewal and operation of the infrastructures and rolling stock contributing to the functioning of the system to be put into service . With regard to the infrastructures and rolling stock already in service at the time of entry into force of this TSI, the TSI should be applied from the time when work is envisaged on these infrastructures and rolling stock. However, the degree to which the TSI is applied will vary according to the scope and extent of the planned work and the costs and the benefits generated by the intended applications. In order for such piecemeal tasks to achieve full interoperability, they need to be underpinned by a coherent implementation strategy. In this context, a distinction should be made between upgrading, renewal and maintenance-related replacement.
(7)
Directive 2001/16/EC and the TSIs do apply to renewals but not to maintenance-related replacements. However, Member States should be encouraged, where 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)
Existing conventional lines and rolling stock are already equipped with control-command and signalling systems meeting the essential requirements of Directive 2001/16/EC. Such ‘legacy’ systems were developed and implemented according to national rules. Basic information concerning legacy systems is provided in Annex B of the TSI. Given that verification of interoperability of the legacy systems has to be established by reference to the requirements of the TSI, in accordance with Article 16(2) of Directive 2001/16/EC, it is necessary, during the transitional period between the publication of a Decision and the full implementation of the attached TSI, to lay down the conditions with which the legacy systems have to comply in addition to those explicitly referred to in the TSI. Member States are to provide each other and the Commission with information on the relevant national technical rules in use for achieving interoperability and meeting the essential requirements of Directive 2001/16/EC, on the bodies it appoints for carrying out the procedure for the assessment of conformity or suitability for use, and on the checking procedure for use in verifying the interoperability of subsystems pursuant to Article 16(2) of Directive 2001/16/EC.
(9)
For this purpose, Member States should apply, as far as possible, the principles and criteria provided for in Directive 2001/16/CE for the implementation of Article 16(2), 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 the procedures and, where appropriate, should discuss with the Committee the need for the adoption of any further measures.
(10)
A similar procedure should also apply with regard to those issues classified as ‘Open Points’ in Annex G of the TSI.
(11)
The TSI 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 corresponding 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 has been devised to consolidate and update the requirements of Annex A of the TSI. This updating process, which is currently placed under the auspices of the AEIF as joint representative body will be transferred to the European Railway Agency established under Regulation (EC) No 881/2004 of the European Parliament and of the Council (4) once this is operational. 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.
(13)
The application of the TSI to be adopted by this Decision should take into account specific criteria relating to technical and operational compatibility between the infrastructures and the rolling stock to be placed in service and the network into which they are to be integrated. These compatibility requirements entail a complex technical and economical analysis that should be conducted on a case-by-case basis for specific applications. 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.
(14)
It is essential that such an analysis develops against a framework of coherent implementation rules and guidelines. The latter necessitates the establishment by Member States of a national strategy for the implementation of the TSI which is the subject of this Decision, which should indicate the stages required to move towards an interoperable network. Such national strategies should be brought together and reconciled within the framework of an EU master plan setting the reference for the implementation of the TSI in a EU-wide perspective.
(15)
The target system described in the attached TSI (Class A system) builds upon computer-based technology with a life expectancy significantly lower than current traditional railway signalling and telecommunication facilities. As such, it calls for a pro-active rather than reactive deployment strategy to avoid potential system obsolescence before system deployment reaches maturity. In addition, the adoption of too fragmented a deployment throughout the European rail system would give rise to major costs and operational overheads. The development of a coherent trans-European implementation plan for the target system would contribute to a harmonious development of the whole of the trans-European rail system in compliance with the Community 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, and in particular by the Commission in the allocation of financial support to railway projects. The Commission should co-ordinate the development of such a plan, in accordance with Article 155(2) of the Treaty.
(16)
The migration towards the Class A target system as defined in the TSI requires appropriate measures to be taken at national level in order to facilitate such a migration. Such measures should aim to permit the operation of Class A equipment compliant with existing legacy systems or to facilitate implementation of pro-active approaches serving to reduce the time-to-deployment of Class A facilities. As regards the former, particular relevance has to be given to external Specific Transmission Modules for the national legacy Class B command-and-control systems.
(17)
The TSI relating to the control-command and signalling subsystem of the trans-European conventional rail system should therefore be adopted. In consequence, Decision 2004/447/EC should be amended accordingly.
(18)
The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Directive 96/48/EC,
HAS ADOPTED THIS DECISION:
Article 1
The Technical Specification for Interoperability (hereinafter referred to as the TSI) relating to the control-command and signalling subsystem of the trans-European conventional rail system referred to in Article 6(1) of Directive 2001/16/EC, shall be as set out in the Annex.
Subject to Articles 2 and 3 of this Decision, 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
1. With regard to the systems referred to in Annex B of the TSI and to those issues classified as ‘Open points’ in Annex G of the TSI, the conditions to be complied with for the verification of interoperability within the meaning of Article 16(2) of Directive 2001/16/EC shall be those technical rules in use in the Member State which authorises the bringing into service of the subsystem covered by this Decision.
2. Each Member State shall notify the following items to the other Member States and to the Commission within six months of the notification of this Decision:
(a)
the list of applicable technical rules mentioned in paragraph 1 for the ‘Open points’ referred to in Annex G of the TSI;
(b)
the conformity assessment and checking procedures to be applied with regard to the application of the applicable technical rules referred to in paragraph 1;
(c)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.
Article 3
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.
On the basis of these national plans the Commission shall draft an EU master plan following the principles set out in Chapter 7 of the Annex.
Article 4
Member States shall ensure that the functionality of the legacy Class B systems referred to in Annex B of the TSI as well as their interfaces are kept in terms of scope as currently specified excluding those modifications that might be deemed necessary in order to mitigate safety-related flaws of these systems.
Member States shall make available such information regarding their legacy systems as is required for purposes of development and safety-certification of apparatus allowing interoperability of Class A equipment as defined in Annex A of the TSI with their legacy Class B facilities.
Article 5
Member States shall make every effort for the availability of an external Specific Transmission Module (hereinafter referred to as the STM), as defined in Chapter 7 of the Annex, for their legacy Class B command-and-control systems enumerated in Annex B of the TSI by 31 December 2007.
Article 6
Article 2 of Decision 2004/447/EC is deleted with effect from the date on which this Decision becomes applicable.
Article 7
This Decision shall become applicable six months after the date of its notification.
Article 8
This Decision is addressed to the Member States
Done at Brussels, 28 March 2006.