COMMISSION DECISION
of 23 December 2005
concerning the technical specification for interoperability relating to the subsystem ‘rolling stock - noise’ of the trans-European conventional rail system
(notified under document number C(2005) 5666)
(Text with EEA relevance)
(2006/66/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 and functional subsystems.
(2)
In accordance with Article 23(1) of the Directive, the subsystem ‘noise’ 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 subsystem ‘noise’ in accordance with Article 6(1) of the Directive. 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 the cost-benefit analysis as provided for in Article 6(5) of the Directive.
(6)
The draft TSI has been examined by the Committee set up under Article 21 of Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (3), 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 TSI regarding rolling-stock noise 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 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 the TSI. Where applicable, a review or updating procedure will be initiated in accordance with Article 6(3) of Directive 2001/16/EC.
(10)
To encourage innovation and in order to take into account the experience acquired, the TSI could be subject to revision at regular intervals. This provision is detailed in Chapter 7 of the TSI.
(11)
Conventional rail rolling stock 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 contained in the Annex needs to be revised accordingly.
(12)
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.
(13)
The provisions of this Decision are in conformity with the opinion of the Committee as set up under Article 21 of Directive 96/48/EC,
HAS ADOPTED THIS DECISION:
Article 1
The Technical Specification for Interoperability (hereinafter referred to as the TSI) relating to the subsystem ‘noise’ 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 to this Decision.
The TSI shall be fully applicable to the rolling stock of the trans-European conventional rail system as defined in Annex I to Directive 2001/16/EC.
Article 2
The TSI shall comprise a two-step approach, as specified in Chapter 7 of the Annex. Without prejudice to the regular revision mechanism provided for in Chapter 7, the Commission shall deliver to the Committee set up by Article 21 of Directive 96/48/EC, no later than seven years after the date on which this Decision becomes applicable, a report and, if needed, a proposal for revising section 7.2 of the Annex.
Article 3
Where agreements contain requirement relating to noise emission limits, Member States shall notify them to the Commission within six months of the entry into force of this Decision. The types of agreements to be notified shall be:
(a)
national agreements between the 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
The provisions of Decision 2004/446/EC concerning 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, 23 December 2005.