EN Official Journal of the European Union L 136/11

COMMISSION DECISION

of 23 April 2008

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 and Annex A to Decision 2006/860/EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high-speed rail system

(notified under document number C(2008) 1565)

(Text with EEA relevance)

(2008/386/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 high-speed rail system (1), and in particular Article 6(1) thereof,

Having regard to Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the conventional rail system (2), and in particular Article 6(1) thereof,

Whereas:

(1) Commission Decision 2006/679/EC (3) laid down the first technical specification (TSI) for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system.

(2) Commission Decision 2002/731/EC (4) 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relating to the control-command and signalling subsystem of the trans-European high-speed rail system; it was repealed and replaced by Commission Decision 2006/860/EC (5).

(3) Decision 2007/153/EC adapted Annex A to Decisions 2006/679/EC and 2006/860/EC to technical progress.

(4) With a view to take account of the agreement reached within the working groups of the European Railway Agency on the subset 108, there is a need to update Annex A.

(5) In accordance with Article 6.2 of Directive 96/48/EC and Article 6.2 of Directive 2001/16/EC, the Agency shall be responsible for preparing the review and updating of TSIs and making any recommendations to the Committee referred to in Article 21 in order to take account of developments in technology or social requirements.

(6) In accordance with Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council (6), the European Rail Agency shall ensure that the TSIs are adapted to technical progress and market trends and to the social requirements and propose to the Commission the amendments to the TSIs which it considers necessary.

(7) The European Railway Agency adopted on 14 January 2008 a recommendation regarding the list of mandatory specifications and the list of informative specifications set out in the TSIs for the conventional rail and the high-speed rail systems.

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

HAS ADOPTED THIS DECISION:

Article 1

The list of mandatory specifications and the list of informative specifications set out in Annex A to the TSI attached to Decision 2006/679/EC relating to the control-command and signalling subsystem of the trans-European conventional rail system and Annex A to the TSI attached to Decision 2006/860/EC relating to the control-command and signalling subsystem of the trans-European high-speed rail system, are replaced by the list of mandatory specifications and the list of informative specifications attached to the present Decision.

Article 2

Before 31 December 2008, the European Train Control System (ETCS) specifications attached to the present Decision will be completed to include updated common test specifications and to correct any errors.

Article 3

Before 31 December 2008, and without prejudice to Article 7 of Directive 96/48/EC and Article 7 of Directive 2001/16/EC, Member States shall notify to the Commission which of their lines equipped with ETCS operate, or will operate, with the mandatory specifications applicable prior to the entry into force of the present Decision.

By the same date, Member States shall also notify to the Commission the time by which trains compliant with the specifications referred to in this Decision can operate on each of their ETCS lines.

Article 4

This Decision shall apply from 1 June 2008.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 23 April 2008. For the Commission Jacques BARROT Vice-President

(1) OJ L 235, 17.9.1996, p. 6. Directive as last amended by Commission Directive 2007/32/EC (OJ L 141, 2.6.2007, p. 63).

(2) OJ L 110, 20.4.2001, p. 1. Directive as last amended by Commission Directive 2007/32/EC.

(3) OJ L 284, 16.10.2006, p. 1. Decision as last amended by Decision 2007/153/EC (OJ L 67, 7.3.2007, p. 13).

(4) OJ L 245, 12.9.2002, p. 37. Decision as amended by Decision 2004/447/EC (OJ L 155, 30.4.2004, p. 65, as corrected by OJ L 193, 1.6.2004, p. 53).

(5) OJ L 342, 7.12.2006, p. 1. Decision as amended by Decision 2007/153/EC.

(6) OJ L 164, 30.4.2004, p. 1, as corrected by OJ L 220, 21.6.2004, p. 3.