COMMISSION DECISION
of 26 April 2011
concerning a technical specification for interoperability relating to the ‘infrastructure’ subsystem of the trans-European conventional rail system
(notified under document C(2011) 2741)
(Text with EEA relevance)
(2011/275/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 6(1) thereof,
Whereas:
(1)
In accordance with Article 2(e) of and Annex II to Directive 2008/57/EC, the rail system is subdivided into structural and functional subsystems, including an infrastructure subsystem.
(2)
By Decision C(2006) 124 final of 9 February 2006, the Commission gave a mandate to the European Railway Agency (the Agency) to develop technical specifications for interoperability (TSIs) under 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 (2). Under the terms of that mandate, the Agency was requested to draw up the draft TSI related to the infrastructure subsystem of the conventional rail system.
(3)
Technical specifications for interoperability (TSI) are specifications adopted in accordance with Directive 2008/57/EC. The TSI in Annex covers the infrastructure subsystem in order to meet the essential requirements and ensure the interoperability of the rail system.
(4)
The TSI in Annex does not fully deal with all essential requirements. In accordance with Article 5(6) of Directive 2008/57/EC technical aspects which are not covered are identified as open points in Annex F of this TSI.
(5)
The TSI in Annex should refer to Commission Decision 2010/713/EU of 9 November 2010 on modules for the procedures for assessment of conformity, suitability for use and EC verification to be used in the technical specifications for interoperability adopted under Directive 2008/57/EC of the European Parliament and of the Council (3).
(6)
In accordance with Article 17(3) of Directive 2008/57/EC, Member States are to notify to the Commission and other Member States the conformity assessment and verification procedures to be used for the specific cases, as well as the bodies responsible for carrying out these procedures.
(7)
The TSI in Annex should be without prejudice to the provisions of other relevant TSIs which may be applicable to infrastructure subsystems.
(8)
The TSI in Annex should not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the rail system within the Union.
(9)
In accordance with Article 11(5) of Directive 2008/57/EC, the TSI in Annex should allow, for a limited period of time, for interoperability constituents to be incorporated into subsystems without certification if certain conditions are met.
(10)
To continue to encourage innovation and to take into account the experience acquired, the TSI in Annex should be subject to periodic revision.
(11)
The measures provided for in this Decision are in conformity with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,
HAS ADOPTED THIS DECISION:
Article 1
A technical specification for interoperability (TSI) relating to the infrastructure subsystem of the trans-European conventional 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 infrastructure of the trans-European conventional rail system as defined in Annex I to Directive 2008/57/EC.
Article 3
1. With regard to those issues classified as open points set out in Annex F of the TSI, the conditions to be complied with for the verification of the interoperability pursuant to Article 17(2) of Directive 2008/57/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 applicable technical rules mentioned in paragraph 1;
(b)
the conformity assessment and checking procedures to be applied with regard to the application of the technical rules mentioned in paragraph 1;
(c)
the bodies it appoints for carrying out the conformity assessment and checking procedures of the open points mentioned in paragraph 1.
Article 4
1. The Member State shall define which lines of the conventional trans-European transport network (TEN-T) as established by Decision No 1692/96/EC of the European Parliament and of the Council (4) are intended to be classified as core TEN lines or other TEN lines on the basis of the categories given in Section 4.2.1 of this TSI. Member States shall notify this information to the Commission within a period of one year from the date of application of this Commission Decision.
2. The Commission, in cooperation with the Agency and the Member States, shall coordinate the classification referred to in paragraph 1, especially with regard to the border crossings and its consistency with the European Deployment Plan on European Rail Traffic Management System as referred to in Commission Decision 2009/561/EC (5).
3. The final classification resulting from the coordination shall be examined by the Committee set up by Council Directive 96/48/EC (6) and, after discussion, made public by the Agency.
4. The Member State shall take into account the classification published by the Agency when defining its national migration plan.
Article 5
The procedures for assessment of conformity, suitability for use and EC verification set out in Chapter 6 of the TSI in Annex shall be based on the modules defined in Decision 2010/713/EU.
Article 6
1. During a transition period of 10 years, it shall be permissible to issue an EC certificate of verification for a subsystem that contains interoperability constituents not holding an EC declaration of conformity or suitability for use, on the condition that the provisions set out in Section 6.6 of the Annex are met.
2. The production or upgrade/renewal of the subsystem with use of the non-certified interoperability constituents must be completed within the transition period, including the placing in service.
3. During the transition period Member States shall ensure that:
(a)
the reasons for non-certification of the interoperability constituents are properly identified in the verification procedure referred to in paragraph 1;
(b)
the details of the non-certified interoperability constituents and the reasons for non-certification, including the application of national rules notified under Article 17 of Directive 2008/57/EC, are included by the National Safety Authorities in their report referred to in Article 18 of Directive 2004/49/EC of the European Parliament and of the Council (7).
4. After the transition period and with the exceptions allowed under Section 6.6.3 on maintenance, interoperability constituents shall be covered by the required EC declaration of conformity and/or suitability for use before being incorporated into the subsystem.
Article 7
In accordance with Article 5(3)(f) of Directive 2008/57/EC, Chapter 7 of the TSI in Annex, sets out a strategy for migrating towards a full interoperable infrastructure subsystem. This migration needs to be applied in conjunction with Article 20 of that Directive which specifies the principles of the application of the TSI to the renewal and upgrading projects. Member States shall notify to the Commission a report on the implementation of Article 20 of Directive 2008/57/EC 3 years after the entry into force of this Decision. This report will be discussed in the context of the Committee set up in Article 29 of Directive 2008/57/EC and, where appropriate, the TSI in Annex will be adapted.
Article 8
1. With regard to those issues classified as specific cases set out in Chapter 7 of the TSI, the conditions to be complied with for the verification of the interoperability pursuant to Article 17(2) of Directive 2008/57/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 applicable technical rules mentioned in paragraph 1;
(b)
the conformity assessment and checking procedures to be applied with regard to the application of the technical rules mentioned in paragraph 1;
(c)
the bodies it appoints for carrying out the conformity assessment and checking procedures of the specific cases mentioned in paragraph 1.
Article 9
This Decision shall apply from 1 June 2011.
Article 10
This Decision is addressed to the Member States.
Done at Brussels, 26 April 2011.