ENCOMMISSION DECISION
of 7 November 2006
concerning a technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high speed rail system and modifying Annex A to Decision 2006/679/EC 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) 5211)
(Text with EEA relevance)
(2006/860/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European rail system (1), and in particular Article 6(1) thereof,
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 (2), and in particular Article 6(1) thereof,
Whereas:
(1)
In accordance with Article 2(c) and Annex II of Directive 96/48/EC, the trans-European high speed rail system is subdivided into structural or functional subsystems, including a control and command and signalling subsystem.
(2)
Commission Decision 2002/731/EC (3) laid down the first technical specification (‘TSI’) for interoperability relating to the control-command and signalling subsystem of the trans-European High Speed rail system;
(3)
Commission Decision 2004/447/EC updated the TSI attached in annex to the Commission Decision 2002/731/EC;
(4)
It is necessary to review that first TSI in light of technical progress and experience gained from its implementation.
(5)
In accordance with article 6(1) of Directive 96/48/EC and 2001/16/EC, the AEIF, as joint representative body, had been given a mandate to review and revise that first TSI.
(6)
Commission Decision 2006/679/EC laid down the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system;
(7)
The annex A to the TSI attached to Commission Decision 2006/679/EC (4) contained erroneous references and should therefore be replaced by Annex A to the TSI attached to the present Decision;
(8)
Section 7.4.2.3 of the TSI attached to Commission Decision 2006/679/EC should be updated in order to take better account of the specific situation of 1520 mm track gauge locomotives and trains as reflected in section 7.5.2.3 of the TSI attached to the present Decision.
(9)
The draft revised TSI has been examined by the Committee set up by Directive 96/48/EC.
(10)
This TSI should apply to new or upgraded and renewed infrastructure, under certain conditions.
(11)
The first TSI concerning the ‘control-command and signalling’ sub-system came into force in 2002. Due to existing contractual commitments, new Control Command and Signalling sub-systems or interoperability constituents, or their renewal and upgrade should be subject to conformity assessment under the provisions of this first TSI. Further, the first TSI should remain applicable for the purposes of maintenance, maintenance related replacements for components of the subsystem and interoperability constituents authorised under the first TSI. Therefore, the effects of Decision 2002/731/EC should be maintained in force in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision
(12)
In order to determine the difference in scope of applicability of the first TSI, from the new TSI which is in annex to the present Decision, Member States should notify, not later than six months after the date on which the present Decision becomes applicable, an exhaustive list of the sub-systems and interoperability constituents to which the first TSI is still applicable.
(13)
This TSI does not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the trans-European high speed rail system.
(14)
This TSI allows, for a limited period of time, for interoperability constituents to be incorporated into sub-systems without certification if certain conditions are met.
(15)
In its current version this TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 96/48/EC technical aspects which are not covered are identified as ‘Open Points’ in Annex G of this TSI. In accordance with Article 16(3) of Directive 96/48/EC, Member States shall notify to the Commission and other Member States a list of their national technical rules relating to the ‘Open Points’ and the procedures to be used for their conformity assessment.
(16)
In relation to the specific cases described in Chapter 7 of this TSI, Member States shall notify to the Commission and other Member States the conformity assessment procedures to be used.
(17)
The TSI shall indicate the stages to be completed in order to make a gradual transition from the existing situation to the final situation in which compliance with the TSIs shall be the norm;
(18)
The latter necessitates the establishment by each Member State of a national implementation plan of the TSI;
(19)
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 and particular relevance has to be given to external Specific Transmission Modules for the national legacy Class B command-and-control systems.
(20)
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 the ‘control-command and signalling’ subsystem of the trans-European high speed railway, is hereby adopted by the Commission. The TSI shall be as set out in the Annex to this Decision.
Article 2
This TSI shall be applicable to all new, upgraded or renewed rolling stock or lines of the trans-European high speed rail system as defined in Annex I to Directive 96/48/EC.
Article 3
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 96/48/EC shall be those applicable technical rules in use in the Member State which authorises 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 applicable technical rules mentioned in paragraph 1;
(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 4
With regard to those issues classified as ‘Specific Cases’ set out in Chapter 7 of the TSI the conformity assessment procedures shall be those applicable in Member States. Each Member State shall notify to the other Member States and the Commission within six months of the notification of this Decision:
(a)
the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(b)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.
Article 5
The TSI allows for a transition period during which the conformity assessment and certification of interoperability constituents may be carried out as part of the sub-system. During this time Member States shall notify to the Commission which interoperability constituents have been assessed in this manner in order for the market for interoperability constituents to be closely monitored and steps taken to facilitate it.
Article 6
Decision 2002/731/EC is hereby repealed. Its provisions shall however continue to apply in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision.
Member States shall notify an exhaustive list of the sub-systems and interoperability constituents to which the provisions of Decision 2002/731/EC continue to apply to the Commission not later than six months after the date on which the present Decision becomes applicable.
Article 7
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 six months 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 8
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 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 9
Annex A to the TSI attached to Commission Decision 2006/679/EC of 28 March 2006 relating to the control-command and signalling subsystem of the trans-European conventional rail system, is replaced by annex A to the TSI attached to the present Decision. Section 7.4.2.3 of the TSI attached to Commission Decision 2006/679/EC of 28 March 2006, is replaced by section 7.5.2.3 of the TSI attached to the present Decision.
Article 10
This Decision shall become applicable on the date of its notification.
Article 11
This Decision is addressed to the Member States.
Done at Brussels, komisjoni asepresident 7 November 2006.