COMMISSION DECISION
of 12 May 2011
concerning the technical specification for interoperability relating to the ‘operation and traffic management’ subsystem of the trans-European conventional rail system
(notified under document C(2011) 3099)
(Text with EEA relevance)
(2011/314/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)
Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (2) requires the European Railway Agency (hereinafter referred to as ‘the Agency’) to ensure that the technical specifications for interoperability (hereinafter referred to as ‘TSIs’) are adapted to technical progress and market trends and to the social requirements and to propose to the Commission the amendments to the TSIs which it considers necessary.
(2)
By Decision C(2007) 3371 of 13 July 2007, the Commission gave a framework mandate to the Agency to perform certain activities under Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (3) and 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 (4). Under the terms of that framework mandate, the Agency was requested to revise the TSI adopted by Commission Decision 2006/920/EC of 11 August 2006 concerning the technical specification of interoperability relating to the subsystem ‘Traffic Operation and Management’ of the trans-European conventional rail system (5).
(3)
On 17 July 2009, the Agency issued four recommendations concerning European Rail Traffic Management System (ERTMS) operating rules (ERA/REC/2009-02/INT), the revision of Annex P of the TSIs on operation and traffic management (ERA/REC/2009-03/INT), the revision of Annex T of the TSI on operation and traffic management for conventional rail (ERA/REC/2009-04/INT), and the consistency with Directive 2007/59/EC in respect to train driver competencies (ERA/REC/2009-05/INT), respectively. Those four recommendations led to the draft Commission decision amending Decisions 2006/920/EC and 2008/231/EC concerning TSIs on operation and traffic management, which, on 25 February 2010, received the positive opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC.
(4)
The Agency’s recommendation of 7 May 2010 (ERA/REC/03-2010/INT) proposes further amendments to the TSI on operation and traffic management for conventional rail concerning, inter alia, train visibility (rear end), identifications of trains, and consistency with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (6).
(5)
For the sake of clarity and simplicity, it is appropriate to replace Decision 2006/920/EC.
(6)
The TSI set out in the Annex 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.
(7)
Implementation of the TSI set out in the Annex and conformity with the relevant points of that TSI must be determined in accordance with an implementation plan that each Member State is required to update for the lines for which it is responsible.
(8)
Rail traffic 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 set out in the Annex needs to be revised accordingly.
(9)
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
1. The technical specification for interoperability (TSI) relating to the ‘operation and traffic management’ subsystem of the trans-European conventional rail system, as set out in the Annex, is adopted.
2. The TSI set out in the Annex to this Decision shall apply to the operation and traffic management subsystem as described in point 2.4 of Annex II to Directive 2008/57/EC.
Article 2
1. The Agency shall publish on its website the lists of codes referred in parts 9, 10, 11, 12 and 13 of Appendix Pa.
2. The Agency shall keep the lists of codes referred to in paragraph 1 up to date and inform the Commission of their evolution.
The Commission shall inform the Member States of the evolution of these codes through the Committee established in accordance with Article 29 of Directive 2008/57/EC.
Article 3
Until 31 December 2013, if a vehicle as defined in Article 2(c) of Directive 2008/57/EC is sold or rented for a continuous period exceeding six months and if all technical characteristics under which the vehicle has been authorised to be placed in service remain unchanged, its European Vehicle Number (hereinafter referred to as ‘EVN’) may be changed through a new registration of the vehicle and withdrawal of the first registration.
If that new registration concerns a Member State which is different from that of the first registration, the registering entity competent for the new registration may require a copy of the documentation related to the former registration.
Such change of EVN is without prejudice to the application of Articles 21 to 26 of Directive 2008/57/EC as far as the authorisation procedures are concerned.
The administrative costs incurred to change the EVN shall be borne by the applicant requesting the change of EVN.
Article 4
Member States shall notify the following types of agreement to the Commission within six months of the entry into force of the TSI set out in the Annex, provided that they were not already notified under Decision 2006/920/EC:
1.
national agreements between the Member States and railway undertakings or infrastructure managers, agreed on either a permanent or a temporary basis and required by the very specific or local nature of the intended transport service;
2.
bilateral or multilateral agreements between railway undertakings, infrastructure managers or safety authorities which deliver significant levels of local or regional interoperability;
3.
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 5
Each Member State shall update the national implementation plan of the TSI which it established in accordance with Article 4 of Decision 2006/920/EC. The updated implementation plan shall be drawn up in accordance with Chapter 7 of the Annex to this Decision.
Each Member State shall forward the updated implementation plan to the other Member States and the Commission by 31 December 2012 at the latest.
Article 6
Commission Decision 2006/920/EC is repealed with effect from 1 January 2012.
Article 7
This Decision shall apply from 1 January 2012.
However,
1.
Appendix P shall apply from 1 January 2012 until 31 December 2013;
2.
Appendix Pa shall apply from 1 January 2014.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 12 May 2011.