EN Official Journal of the European Union L 141/63

COMMISSION DIRECTIVE 2007/32/EC

of 1 June 2007

amending Annex VI to Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Annex VI to Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 96/48/EC of 23 July 1996 of the Council on the interoperability of the trans-European high speed rail system (1), and in particular Article 21c 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 21b thereof,

Whereas:

(1) In accordance with Article 18 of Directive 96/48/EC and with Article 18 of Directive 2001/16/EC, the contracting entity or its official representative shall invite the notified body that it has selected for that purpose to apply the ‘EC’ verification procedure referred to in Annex VI of those Directives.

(2) On the basis of the certificate of conformity issued by the notified body and of the technical file accompanying the certificate, the contracting entity or its official representative draws up an ‘EC’ declaration of verification.

(3) Point 2 of Annex VI to Directive 96/48/EC and point 2 of Annex VI to Directive 2001/16/EC stipulate that the subsystem is checked at each of the following stages: overall design; structure of the subsystem, including, in particular, civil engineering activities, constituent assembly, overall adjustment; and final testing of the subsystem.

(4) The current concept of ‘final testing of the subsystem’ is not sufficiently clear and precise. It consists of checking that the subsystem is in conformity with the provisions of Directives 96/48/EC and 2001/16/EC and with the other applicable regulatory provisions and that it can be placed into service, in particular by checking the interfaces with the other subsystems in operational conditions.

(5) However, there are tests which the manufacturer can carry out on the isolated interoperability constituent (IC) or subsystem, independently of the final environment in which the IC or subsystem will be installed and will be exploited. These ‘stand alone’ tests, useful and final, are independent of the rail network on which the product will be put into service.

(6) It is therefore necessary to provide in Annex VI to both Directives 96/48/EC and 2001/16/EC the possibility for the manufacturer to apply for first step (design or production phase) assessments, which will lead to Intermediate Statements of Verification (ISV) issued by the notified body. On the basis of those ISV, the main contractor or the manufacturer will be able to draw up an ‘EC declaration of intermediate IC or subsystem conformity’ for the relevant phase.

(7) Directives 96/48/EC and 2001/16/EC should therefore be amended accordingly.

(8) The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 21 of Council Directive 96/48/EC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex VI to Directive 96/48/EC is replaced by the text in the Annex to this Directive.

Article 2

Annex VI to Directive 2001/16/EC is replaced by the text in the Annex to this Directive.

Article 3

Member States shall bring into force the laws, regulations and administrative provisions needed to comply with this Directive before 2 December 2007. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

Article 4

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 1 June 2007. For the Commission Jacques BARROT Vice-President

(1) OJ L 235, 17.9.1996, p. 6. Directive as last amended by Directive 2004/50/EC of the European Parliament and of the Council (OJ L 164, 30.4.2004, p. 114, as corrected by OJ L 220, 21.6.2004, p. 40).

(2) OJ L 110, 20.4.2001, p. 1. Directive as last amended by Directive 2004/50/EC.