COMMISSION DECISION
of 25 January 2012
on the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European rail system
(notified under document C(2012) 172)
(Text with EEA relevance)
(2012/88/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 the second subparagraph of Article 6(1) thereof,
Whereas:
(1)
Commission Decision 2006/679/EC 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 (2) laid down the technical specifications for interoperability (‘TSI’) relating to the control-command and signalling subsystem of the trans-European conventional rail system.
(2)
Commission Decision 2006/860/EC 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 (3) lays down the TSI relating to the control-command and signalling subsystem of the trans-European high-speed rail system.
(3)
The essential requirements for both the conventional and the high-speed networks must be identical, as must their functional and technical specifications, their interoperability constituents and interfaces, and the procedures for assessing the conformity or the suitability for use of the interoperability constituents or the ‘EC’ verification of their control-command and signalling subsystems.
(4)
The implementation strategies should remain specific to each type of network and the existing requirements for the conventional trans-European network and for the high-speed trans-European network should remain unchanged. The European railway agency (‘Agency’) was given a framework mandate to perform certain activities.
(5)
On 31 January 2011 the Agency gave its recommendation on the technical specification for interoperability relating to the subsystems ‘control-command and signalling’ of the trans-European rail system (4). This Decision is based on that recommendation.
(6)
In the interest of clarity, Decisions 2006/679/EC and 2006/860/EC should therefore be replaced by this Decision.
(7)
The changes introduced regarding safety requirements (Section 4.2.1 of Annex III) are based on the analysis that the text in the CCS TSIs in force leaves room for interpretations. The introduced changes have no negative impact in the overall safety level.
(8)
The fitting of ERTMS/ETCS should be mandatory in the case of new installations or upgrade of the train protection part of a CCS assembly for railway infrastructure projects benefiting from EU financial support. Such fitting should in principle be carried out in the frame of the EU funded project. In certain cases, it is however necessary to grant a derogation to this implementation rule. The scope of such derogation is limited to the implementation strategy of the ‘control-command and signalling TSI’.
(9)
The Agency has listed in the technical document ‘List of CCS Class B systems’ the national legacy control-command and signalling systems (‘Class B systems’). Those systems may still be requested on board locomotives and traction units to run on certain lines.
(10)
The Class B systems significantly hamper the interoperability of locomotives and traction units but play an important role in maintaining the high level of safety of the trans-European network. For this reason, it is important to avoid creating additional obstacles to interoperability by, for example, altering these national legacy systems or by introducing new systems.
(11)
To avoid creating additional obstacles to interoperability, Member States should ensure that the functionality of the legacy Class B systems and their interfaces remain as currently specified, except where modifications are needed to mitigate safety-related flaws in these systems. Member States should also ensure that systems not included in the list of Class B systems do not constitute additional barriers to interoperability.
(12)
The availability of the GSM-R frequencies is essential for safe and interoperable railway operations.
(13)
Decisions 2006/679/EC and 2006/860/EC should therefore be repealed.
(14)
The measures provided for in this Decision are in accordance with the opinion of the Committee, referred to in Article 29(1) of Directive 2008/57/EC,
HAS ADOPTED THIS DECISION:
Article 1
1. The technical specification for interoperability (‘TSI’) relating to the ‘track-side control-command and signalling’ subsystem and ‘on-board control-command and signalling subsystems’ of the trans-European rail system, as set out in Annex III, is adopted.
2. The TSI set out in Annex III to this Decision shall apply to the track-side control-command and signalling subsystem as described in point 2.3 and to the on-board control-command and signalling subsystem as described in point 2.4 of Annex II to Directive 2008/57/EC.
Article 2
1. Member States shall ensure that, whenever a national protection control-command system is requested on board rolling stock to run on a given line or part of the trans-European network, this system is included in the list of Class B systems, having equal legal value as annexes to the TSI.
2. Member States shall ensure that the functionality, performance and interfaces of the Class B systems remain as currently specified, except where modifications are needed to mitigate safety-related flaws in those systems.
Article 3
Each Member State shall notify to the other Member States and to the Commission, with regard to Class B systems and to those issues identified as open points in Appendix G to the TSI adopted by this Decision, within 6 months of the notification of this Decision, the following:
(a)
the list of applicable technical rules;
(b)
the conformity assessment and checking procedures to be used for ensuring that the applicable technical rules are indeed applied;
(c)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.
If these elements have already been notified in the context of Decisions 2006/679/EC and 2006/860/EC this obligation is considered fulfilled.
Article 4
1. The Commission may grant a derogation to the obligation laid down in Section 7.3.2.4 of Annex III concerning the mandatory equipment of lines with the European Train Control System (ETCS) in the context of EU funded projects (Section 7.3.2.4), when signalling is renewed on short (less than 150 km) and discontinuous sections of a line and provided that ETCS is installed before the earlier of these two dates:
-
5 years after the end of the project,
-
the time by which the section of the line is connected to another ETCS equipped line.
2. The Member State concerned shall forward a file concerning the project to the Commission. This file shall contain an economic analysis showing that there is a substantial economic and/or technical advantage in putting ERTMS into service at the earlier of the two dates mentioned in paragraph 1 rather than during the course of the EU-funded project.
3. The Commission shall examine the file sent to it and the measures proposed by the Member State and shall notify the results of its examination to the Committee referred to in Article 29 of Directive 2008/57/EC. If a derogation is granted, the Member State shall ensure that ERTMS is installed before the earlier of the two dates mentioned in paragraph 1.
Article 5
Commission Decision 2011/291/EU of 26 April 2011 concerning a technical specification for interoperability relating to the rolling stock sub-system - ‘Locomotives and Passenger rolling stock’ of the trans-European conventional rail system (5) is amended as follows:
(1)
the second indent under the headline ‘Legislative measures in force’ in Section 1.4 ‘Referenced documents’ of the Annex is replaced by ‘Control-Command and Signalling TSI’;
(2)
Section 4.2.3.3.1 is replaced by Annex I to this Decision;
(3)
Table 10 in Section 4.3.4 is replaced by Annex II to this Decision.
Article 6
The ERA technical document ERTMS/ETCS System Requirement Specification (SRS), document reference ‘subset-026’ in version 3.2.0, dated 22 December 2010, can be used as a basis to tender the equipment of lines with ETCS and to carry out tests, but before the entry into force of the so-called baseline 3, the fitment of trains with baseline 3 cannot be requested.
Article 7
Decisions 2006/679/EC and 2006/860/EC are hereby repealed. Their provisions shall however continue to apply in relation to maintenance of projects authorised in accordance with the TSIs annexed to those Decisions and, unless the applicant requests to apply this Decision, to projects for new, renewed or upgraded subsystems 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.
Article 8
This Decision shall apply 6 months after its notification to the Member States.
Article 9
This Decision is addressed to the Member States.
Done at Brussels, 25 January 2012.