Common Position (EC) No 54/2003 of 26 June 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system
Date: 2003-06-26
Institutions: Council of the European Union
Subjects: harmonisation of standards, high-speed transport, rail transport, technical rule, trans-European network

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COMMON POSITION (EC) No 54/2003

adopted by the Council on 26 June 2003

with a view to the adoption of a Directive 2003/. . ./EC of the European Parliament and of the
Council of . . . amending Council Directive 96/48/EC on the interoperability of the trans-European
high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on
the interoperability of the trans-European conventional rail system

(2003/C 270 E/02)

THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 71 and 156 thereof,

Having regard to the Commission proposal (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

Having regard to the Opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure referred to in Article
251 of the Treaty (4),

Whereas:

(1) Under Articles 154 and 155 of the Treaty, the Community
must contribute to the establishment and development of
trans-European networks in the transport sector. In order
to achieve these objectives, the Community must take any
action necessary to ensure the interoperability of
the
networks, particularly in the field of technical standard-
isation.

(2) An initial measure was taken in the rail sector with the
adoption of Directive 96/48/EC (5). In order to implement
the objectives of that Directive, technical specifications for
interoperability (TSIs) have been drafted by the European
Association for Railway Interoperability (AEIF), which was
representative body in the
the
joint
designated as
framework of
and adopted by the
that Directive,
Commission on 30 May 2002.

(1) OJ C 126 E, 28.5.2002, p. 312.
(2) OJ C 61, 14.3.2003, p. 131.
(3) OJ C 66, 19.3.2003, p. 5.
(4) Opinion of the European Parliament of 14 January 2003 (not yet
published in the Official Journal), Council Common Position of 26
June 2003 and Decision of the European Parliament of . . . (not yet
published in the Official Journal).

(5) OJ L 235, 17.9.1996, p. 6.

(3) On 10 September 1999 the Commission adopted a report
to the European Parliament and the Council which gave an
initial assessment of progress made in implementing the
the trans-European high-speed rail
interoperability of
system. In its Resolution of 17 May 2000, the European
Parliament called on the Commission to submit proposals
for amending Directive 96/48/EC on the basis of
the
model used for Directive 2001/16/EC (6).

(4) Directive 2001/16/EC, like Directive 96/48/EC, introduces
Community procedures for the preparation and adoption
of TSIs, and common rules for assessing conformity with
the TSIs. A mandate for the development of the first group
of TSIs has been given to the AEIF, also designated as the
Joint Representative Body.

(5) A number of lessons have been learned from the work on
developing TSIs in the high-speed sector, the application
of Directive 96/48/EC to specific projects and the work of
the committee set up under that Directive, which have led
the Commission to propose changes to the two Directives
on railway interoperability.

(6) The adoption of Regulation (EC) No . . ./2003 of

the
European Parliament and of the Council of . . . establishing
a European Railway Agency (‘the Agency Regulation’) (7)
and of Directive 2003/. . ./EC of the European Parliament
and of the Council of. . .on safety on the Community's
railways (‘the Railway Safety Directive’) (8) means that
certain
and
of Directives
2001/16/EC need to be amended. In particular, once the
Agency is established, the task of drafting any new or
revised TSIs will be entrusted to it by the Commission.

96/148/EC

provisions

(7) The entry into force of Directives 2001/12/EC of

the
European Parliament and of the Council of 26 February
2001 amending Council Directive 91/440/EEC on the
development of the Community's railways (9), 2001/13/EC
of the European Parliament and of the Council of 26
February 2001 amending Council Directive 95/18/EC on
the licensing of railway undertakings (10) and 2001/14/EC
of the European Parliament and of the Council of 26
February 2001 on the allocation of railway infrastructure
capacity and the levying of charges for the use of railway

(6) OJ L 110, 20.4.2001, p. 1.
(7) OJ L . . .
(8) OJ L . . .
(9) OJ L 75, 15.3.2001, p. 1.
(10) OJ L 75, 15.3.2001, p. 26.

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infrastructure and safety certification (1) has an impact on
the implementation of interoperability. As in the case of
other transport modes, the extension of access rights must
be accompanied by the requisite harmonisation measures.
It is therefore necessary to implement interoperability on
the
the whole network by extending progressively
geographical scope of Directive 2001/16/EC.
is also
necessary
basis of Directive
to extend
2001/16/EC to Article 71 of
the Treaty, on which
Directive 2001/12/EC is founded.

legal

the

It

(8) The White Paper on European transport policy announces
this Directive, which is part of the Commission's strategy
to revitalise rail transport and, consequently, to shift the
balance between transport modes, with the ultimate
objective of reducing congestion on Europe's roads.

(13) The TSI sets all the conditions with which an interoper-
ability constituent must conform, and the procedure to be
followed in assessing conformity.
is
necessary to specify that every constituent must undergo
the procedure for assessing conformity and suitability for
the use indicated in the TSIs and have the corresponding
certificate.

In addition,

it

(14) It is necessary for safety reasons to require Member States
to assign an identification code to each vehicle placed in
service. The vehicle should then be entered in a national
vehicle register. The registers must be open to consultation
by all Member States and by certain Community economic
players. The registers should be consistent as regards the
data format. They should therefore be covered by common
operational and technical specifications.

(9) The TSIs developed in the
explicitly

framework of Directive
96/48/EC do not
concern the work on
renewing infrastructure and rolling stock, or replacements
in the context of preventive maintenance. This is the case,
however, under Directive 2001/16/EC on the conventional
rail system, and the two Directives should be harmonised
on this point.

(15) The procedure to be followed in the case of essential
requirements applicable to a subsystem which have not
yet been covered by detailed specifications in the corre-
sponding TSI should be specified. In such case, the bodies
responsible for the conformity assessment and verification
procedures should be those already notified under Article
20 of Directives 96/48/EC and 2001/16/EC.

(10) The development of TSIs in the high-speed sector has
shown the need to clarify the relationship between the
essential
requirements of Directive 96/48/EC and the
TSIs, on the one hand, and the European standards and
other documents of a normative nature on the other. In
particular, a clear distinction should be drawn between the
standards or parts of standards which must be made
mandatory in order to achieve the objectives of
that
Directive, and the ‘harmonised’ standards that have been
developed in the spirit of the new approach to technical
harmonisation and standardisation.

(11) As a rule, the European specifications are developed in the
spirit of the new approach to technical harmonisation and
standardisation. They enable a presumption to be made of
conformity with certain essential requirements of Directive
96/48/EC, particularly in the case of
interoperability
constituents and interfaces. These European specifications,
or the applicable parts thereof, are not mandatory and no
explicit reference to these specifications may be made in
the TSIs. References to these European specifications are
published in the Official Journal of the European Union, and
Member States publish the references to the national
standards transposing the European standards.

(12) TSIs may in certain cases make an explicit reference to
European standards or specifications where this is strictly
necessary in order
this
Directive.
consequences
which must be made clear; in particular, these European
standards or specifications become mandatory from the
moment the TSI is applicable.

to achieve the objectives of

reference has

Such explicit

(16) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
the exercise of
procedures
conferred on the Commission (2).

for

(17) The definition of rolling stock in Annex I to Directive
96/48/EC should be clarified. The Directive should also
concern rolling stock designed to operate only on track
upgraded for high speeds, at speeds of
the order of
200 km/h.

(18) The application of this Directive should, as far as possible,
preserve the work already undertaken in the framework of
Directives 96/48/EC and 2001/16/EC and the application
of these Directives by Member States in the framework of
projects which are at an advanced stage of development
when this Directive enters into force.

(19) Since the objective of the proposed action, namely the
interoperability of the trans-European rail system, cannot
be sufficiently achieved by the Member States and can
its trans-European character as
therefore, by reason of
recognised
at
Community level, the Community may adopt measures
in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the
in that Article,
principle of proportionality as set out
this Directive does not go beyond what is necessary in
order to achieve that objective.

the Treaty,

achieved

better

by

be

(1) OJ L 75, 15.3.2001, p. 29. Directive as amended by Commission

Decision 2002/844/EC (OJ L 289, 26.10.2002, p. 30).

(2) OJ L 184, 17.7.1999, p. 23.

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(20) TSIs applicable to the high-speed rail system concerning
infrastructure, rolling stock, energy, control, command and
signalling, operation and maintenance were adopted on 30
May 2002 by the Commission. The draft TSIs referred to
in Article 1(5) and 2(5) pertain to the revision of these
TSIs or to the adoption of new TSIs.

(c) contribute to the interoperability of the trans-European

high-speed rail system.’.

2. the following points shall be added to Article 2:

(21) Since

a draft

technical

reference

system of

conventional

rules
concerning the current degree of interoperability of the
being
trans-European
developed as provided for in Article 25 of Directive
2001/16/EC, there is a need to update these technical
rules in view of
that
the extension of
Directive and also taking account of the first group of
TSIs to be adopted by 2004.

the scope of

system is

rail

(22) Notwithstanding the

from the

scope of
exemptions
Directive 2001/16/EC, the voluntary application of the
that Directive by the Member
relevant provisions of
States at national
level should be encouraged, with a
view to increasing cost efficiency and economies of scale
in the manufacturing sector.

(23) It is therefore necessary to amend Directives 96/48/EC and

2001/16/EC,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/48/EC is hereby amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

The aim of

1.
to establish the
this Directive
conditions to be met to achieve interoperability within
Community territory of
the trans-European high-speed
rail system as described in Annex I.

is

These conditions concern the design, construction, placing
in service, upgrading, renewal, operation and maintenance
of the parts of this system placed in service after . . . (*), as
well as the qualifications and health and safety conditions
of the staff who contribute to its operation.

‘(j)

(k)

“basic parameter” means any regulatory, technical or
operational condition which is critical to interoper-
ability and requires a decision or recommendation
in accordance with the procedure laid down in
Article 21(2) before any development of complete
draft TSIs;

“specific case” means any part of the trans-European
high-speed rail system which needs special provisions
in the TSIs, either temporary or definitive, because of
geographical,
topographical or urban environment
constraints or those affecting compatibility with the
existing system. This may include in particular railway
the
lines and networks isolated from the rest of
Community territory,
the track
gauge or space between the tracks;

the loading gauge,

(l)

“upgrading” means any major modification work on a
subsystem or part subsystem which improves the
overall performance of the subsystem;

(m) “substitution in the framework of maintenance” means
any replacement of components by parts of identical
framework of
in the
function and performance
preventive or corrective maintenance;

(n)

(o)

“renewal” means any major substitution work on a
subsystem or part subsystem which does not change
the overall performance of the subsystem;

“existing rail system” means the structure composed of
the railway infrastructures, comprising lines and fixed
installations of
the
the existing rail
existing rolling stock of all categories and origin
travelling on that infrastructure;

system plus

(p)

“placing in service” means all the operations by which
a subsystem is put into its design operating state.’;

The pursuit of this objective must lead to the defi-
2.
nition of a minimum level of technical harmonisation and
make it possible to:

3. Article 2(h) shall be deleted.

(a)

improve

rail
facilitate,
transport services within Community territory and
with third countries;

and develop international

(b) contribute to the gradual creation of

the internal
market in equipment and services for the construction,
operation,
trans-
renewal
European high-speed rail system;

and upgrading of

the

(*) Date of entry into force of this Directive.

4. Article 5 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

Each of the subsystems shall be covered by one
‘1.
TSI. Where necessary, a subsystem may be covered by
several TSIs and one TSI may cover several subsystems.
The decision to develop and/or to review a TSI and the
choice of its technical and geographical scope requires
a mandate in accordance with Article 6(1).’;

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(b) paragraph 3 shall be replaced by the following:

5. Article 6 shall be replaced by the following:

To the extent necessary in order to achieve the

‘3.
objectives referred to in Article 1, each TSI shall:

‘Article 6

(a)

indicate its intended scope (part of network or
rolling stock referred to in Annex I, subsystem or
part of subsystem referred to in Annex II);

(b) lay

down

essential

each
subsystem concerned and its interfaces vis-à-vis
other subsystems;

requirements

for

(c) establish the functional and technical specifications
to be met by the subsystem and its interfaces
vis-à-vis other subsystems. If need be, these spec-
ifications may vary according to the use of the
subsystem, for example according to the categories
of line and/or rolling stock provided for in Annex
I;

(d) determine the interoperability constituents and
interfaces which must be covered by European
specifications,
standards,
which are necessary to achieve interoperability
within the trans-European high speed rail system;

European

including

(e) state,

in each case under consideration, which
procedures are to be used in order to assess the
conformity or the suitability for use of the inter-
operability constituents, on the one hand, or the
EC verification of the subsystems, on the other
hand. These procedures shall be based on the
modules defined in Decision 93/465/EEC;

(f)

(g)

indicate the strategy for implementing the TSIs. In
particular, it is necessary to specify the stages to be
completed in order to make a gradual transition
from the existing situation to the final situation
in which compliance with the TSIs shall be the
norm;

indicate, for the staff concerned, the professional
competences and health and safety conditions at
work required for the operation and maintenance
of the subsystem, as well as for the implementation
of the TSIs.’;

(c) the following paragraph shall be inserted:

to European standards or

TSIs may make an explicit, clearly identified
‘6.
reference
specifications
where this is strictly necessary in order to achieve
In such case, these
the objectives of this Directive.
European standards or specifications (or the relevant
parts thereof) shall be regarded as annexes to the TSI
concerned and shall become mandatory from the
In the absence of
is applicable.
moment
European standards or
specifications and pending
their development, reference may be made to other
clearly identified normative documents; in such case,
this shall concern documents that are easily accessible
and in the public domain.’;

the TSI

Draft TSIs and subsequent amendments to TSIs shall
1.
be drafted under a mandate from the Commission in
accordance with the procedure set out in Article 21(2).
They shall be drafted under the responsibility of
the
Agency in accordance with Articles 3 and 12 of Regu-
lation (EC) No 2003/. . ./EC of the European Parliament
and of the Council of establishing a European railway
agency (Agency Regulation (*)) and in cooperation with
the Working Parties mentioned in those Articles.

TSIs shall be adopted and reviewed in accordance with the
procedure set out in Article 21(2). They shall be published
by the Commission in the Official Journal of the European
Union.

2.
The Agency shall be responsible for preparing the
review and updating of TSIs and making any recommen-
dations to the Committee referred to in Article 21 in order
to take account of developments in technology or social
requirements.

3.

Each draft TSI shall be drawn up in two stages.

First of all, the Agency shall identify the basic parameters
for the TSI as well as the interfaces with the other
subsystems and any other specific cases that may be
necessary. The most viable alternative solutions accom-
panied by technical and economic justification shall be
put forward for each of these parameters and interfaces.
A decision shall be taken in accordance with the procedure
set out in Article 21(2); if necessary, specific cases shall be
cited.

The Agency shall then draw up the draft TSI on the basis
of these basic parameters. Where appropriate, the Agency
shall take account of technical progress, of standardisation
work already carried out, of working parties already in
place and of acknowledged research work. An overall
assessment of
the
implementation of the TSIs shall be attached to the draft
TSI; this assessment shall indicate the likely impact for all
the operators and economic agents involved.

the estimated costs and benefits of

4.
The drafting, adoption and review of each TSI
(including the basic parameters) shall take account of the
estimated costs and benefits of all the technical solutions
considered, together with the interfaces between them, so
as to establish and implement the most viable solutions.
The Member States shall participate in this assessment by
providing the requisite data.

The Committee referred to in Article 21 shall be kept
5.
regularly informed of the preparatory work on the TSIs.
During this work the Committee may formulate any terms
of reference or useful recommendations concerning the
In
design of
the request of a
particular,
solutions be
Member State,
examined and that
the cost and
benefits of these alternative solutions be set out in the
report annexed to the draft TSI.

the TSIs and the cost-benefit analysis.
the Committee may, at

alternative
the assessment of

require

that

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On the adoption of each TSI, the date of entry into
6.
force of that TSI shall be established in accordance with
the procedure set out in Article 21(2). Where different
subsystems have to be placed in service simultaneously
for reasons of technical compatibility, the dates of entry
into force of the corresponding TSIs shall be the same.

7.
The drafting, adoption and review of the TSIs shall
take account of the opinion of users, as regards the charac-
teristics which have a direct impact on the conditions in
which they use the subsystems. To that end the Agency
shall consult associations and bodies representing users
during the drafting and review phases of the TSIs. They
shall enclose with the draft TSI a report on the results of
this consultation.

The list of associations and bodies to be consulted shall be
finalised by the Committee referred to in Article 21 before
it adopts the mandate to review the TSIs and may be
re-examined and updated at
the request of a Member
State or the Commission.

The drafting, adoption and review of the TSIs shall
the social partners as

8.
take account of
the opinion of
regards the conditions referred to in Article 5(3)(g).

To this end, the social partners shall be consulted before
the draft TSI is submitted, for adoption or review, to the
Committee referred to in Article 21.

The social partners shall be consulted in the context of the
sectoral dialogue committee set up in accordance with
Commission Decision 98/500/EC (**). The social partners
shall issue their opinion within three months.

___________
(*) OJ L . . .
(**) OJ L 225, 12.8.1998, p. 27.’

(c)

for a proposed new line or for the proposed renewal
or upgrading of an existing line in the territory of that
Member State when its rail network is separated or
isolated by the sea from the rail network of the rest
of the Community territory;

(d) for any proposed renewal, extension or upgrading of
an existing line, when the application of these TSIs
the
would compromise the economic viability of
project and/or the compatibility of the rail system in
the Member State;

(e) where, following an accident or a natural disaster, the
conditions for the rapid restoration of the network do
not economically or technically allow for partial or
total application of the relevant TSIs;

In all cases, the Member State concerned shall serve prior
notice of its intended derogation to the Commission and
shall forward to it a file setting out the TSIs or the parts of
TSIs that it does not wish to be applied as well as the
corresponding specifications that it does wish to apply.
The Commission shall analyse the measures envisaged by
the Member State. In cases (b) and (d), the Commission
shall take a decision in accordance with the procedure set
out in Article 21(2). Where necessary, a recommendation
shall be drawn up concerning the specifications to be
applied. Nevertheless, in the case of (b) the Commission's
decision shall not refer to the loading gauge and the track
gauge’;

7. the following subparagraph shall be added to Article 9:

‘In particular, they may not require checks which have
already been carried out as part of the procedure leading
to the “EC” declaration of conformity or suitability for
use.’;

6. Article 7 shall be replaced by the following:

8. Article 10 shall be amended as follows:

‘Article 7

(a) paragraph 2 shall be replaced by the following:

A Member State need not apply one or more TSIs,
including those relating to rolling stock, in the following
cases and circumstances:

(a)

for a proposed new line, for the renewal or upgrading
of an existing line, or for any element referred to
Article 1(1) at an advanced stage of development or
the subject of a contract in course of performance
when these TSIs are published;

(b) for any project concerning the renewal or upgrading of
an existing line where the loading gauge, track gauge,
space between the tracks, or electrification voltage in
these TSIs is not compatible with those of the existing
line;

‘2.
All interoperability constituents shall be subject
to the procedure for assessing conformity and suit-
ability for the use indicated in the respective TSI and
be accompanied by the corresponding certificate.’;

(b) paragraph 3 shall be replaced by the following:

‘3. Member States shall consider that an interoper-
ability constituent meets the essential requirements if it
complies with the conditions laid down by the corre-
sponding TSI or the European specifications developed
to comply with these conditions.’;

(c) paragraphs 4 and 5 shall be deleted;

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9. Article 11 shall be replaced by the following:

‘Article 11

concerned from the publications

Where it appears to a Member State or the Commission
that European specifications used directly or indirectly for
the purposes of this Directive do not meet the essential
requirements, partial or total withdrawal of the specifi-
cations
containing
them, or their amendment, may be decided upon in
accordance with the procedure set out in Article 21(2)
after
set up under
Directive 98/34/EC of the European Parliament and of
the Council of 22 June 1998 laying down a procedure
for the provision of information in the field of technical
standards and regulations and of rules on information
society services (*).

consultation of

the Committee

___________
(*) OJ L 204, 21.7.1998, p. 37. Directive as amended by
Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18);’

10. Article 14 shall be replaced by the following:

‘Article 14

Each Member State shall authorise the placing in
1.
those structural subsystems constituting the
service of
trans-European high-speed rail system which are located
or operated in its territory.

To this end, each Member State shall take all appropriate
steps to ensure that these subsystems may be placed in
service only if they are designed, constructed and installed
in such a way that they do not compromise compliance
with the essential requirements concerning them when
integrated into the trans-European high-speed rail system.

In particular, each Member State shall check the compati-
bility of these subsystems with the system into which they
are being integrated.

2.
Each Member State shall check, when the subsystems
are placed in service and at regular intervals thereafter, that
they are operated and maintained in accordance with the
essential requirements concerning them. To that end, the
assessment and verification procedures laid down in the
respective structural and functional TSIs shall be used.

In the event of renewal or upgrading,

3.
the infra-
structure manager or the railway undertaking shall send
the Member State concerned a file describing the project.
The Member State shall examine this file and,
taking
account of the implementation strategy indicated in the
applicable TSI,
the
shall decide whether
works means that a new authorisation for placing in
service within the meaning of this Directive is needed.

the size of

Such new authorisation for placing in service shall be
required whenever
the
the overall
subsystem concerned may be affected by the works
envisaged.

level of

safety

4. Where Member States authorise the placing in
service of rolling stock,
they shall be responsible for
ensuring that an alphanumeric identification code is
assigned to each vehicle. This code must be marked on
each vehicle and be entered in a national vehicle register
that meets the following criteria:

(a) the register shall comply with the common specifi-

cations defined in paragraph 5;

(b) the register shall be kept and updated by a body inde-

pendent of any railway undertaking;

(c) the register shall be accessible to the safety authorities
and the investigating bodies designated in Articles 16
and 21 of Directive 2003/. . ./EC of
the European
Parliament and of the Council of . . . on safety on
the Community's railways (Railway Safety Directive) (*);
in response to any
it shall also be made accessible,
legitimate request, to the regulatory bodies designated
in Article 30 of Directive 2001/14/EC of the European
Parliament and of the Council of 26 February 2001 on
the allocation of railway infrastructure capacity and the
levying of charges for the use of railway infrastructure
and safety certification (**),
to the
railway companies and to the infrastructure managers.

to the Agency,

In case of rolling stock placed in service for the first time
in a third country, Member States may accept vehicles
clearly identified according to a different coding system.
However, once a Member State has authorised the placing
it must be
in service of such vehicles on its territory,
possible to retrieve the corresponding data,
listed below
in paragraph 5(c), (d) and (e), through the register.

The common specifications for the register shall be
5.
in
adopted in accordance with the procedure set out
Article 21(2), on the basis of
the draft specifications
prepared by the Agency. These draft specifications shall
functional and technical
include: content, data format,
architecture, operating mode, and rules for data input
and consultation. The register shall contain at least the
following information:

(a) references to the “EC” declaration of verification and

the issuing body;

(b) references to the register of rolling stock mentioned in

Article 22a;

(c)

identification of the owner of the vehicle or the lessee;

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(d) any restrictions on how the vehicle may be used;

appropriate, will
Commission, when
measures needed to remedy the problems.

propose

the

(e) safety-critical data relating to the maintenance schedule

of the vehicle.

___________
(*) OJ L . . .
(**) OJ L 75, 15.3.2001, p. 29 Directive as amended by
Commission Decision 2002/844/EC (OJ L 289,
26.10.2002, p. 30).’

Where necessary, coordination of the notified bodies shall
be implemented in accordance with Article 21.’;

16. Article 21 shall be replaced by the following:

‘Article 21

11. the following subparagraph shall be added to Article 15:

1.

The Commission shall be assisted by a committee.

‘In particular, they may not require checks which have
already been carried out as part of the procedure leading
to the “EC” declaration of verification.’;

12. Article 16(3) shall be replaced by the following:

shall

‘3.
In the absence of TSIs, and including cases when a
derogation has been notified under Article 7, Member
send the other Member States and the
States
Commission, for each subsystem, a list of the technical
rules in use for implementing the essential requirements.
This shall be notified by . . . (*) and thereafter each time
the list of technical rules is changed. On that occasion,
Member States shall also designate the bodies responsible
for carrying out, in the case of these technical regulations,
the verification procedure referred to in Article 18.’

13. the following subparagraph shall be added to Article 17:

‘In such a case, the TSIs shall be reviewed in accordance
with Article 6(2). If certain technical aspects corresponding
to the essential requirements cannot be explicitly covered
in a TSI, they shall be clearly identified in an annex to the
TSI. Article 16(3) shall apply to these aspects.’;

14. the following subparagraph shall be added to Article 18(2):

‘They shall also cover verification of the interfaces of the
subsystem in question in relation to the system in which it
is integrated, on the basis of the information available in
the respective TSI and the registers defined in Article 22a’;

15. Article 20(5) shall be replaced by the following:

‘5.
The Commission shall set up a notified bodies coor-
the “coordination group”)
dination group (hereinafter
which shall discuss any matter relating to the application
of the procedures for assessing conformity or suitability
for the use referred to in Article 13 and the verification
procedure referred to in Article 18, or to the application
of the relevant TSIs. Member States' representatives may
take part
the coordination group as
observers.

in the work of

inform the
The Commission and the observers
committee referred to in Article 21 of the work carried
the coordination group. The
out

in the framework of

shall

(*) One year after the entry into force of this Directive.

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying
of
implementing powers conferred on the Commission (*)
shall apply, having regard to the provisions of Article 8
thereof.

down the procedures

exercise

the

for

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Should it prove necessary, the Committee may set up
4.
in
working parties to assist it in carrying out its tasks,
particular with a view to coordinating the notified bodies.

___________
(*) OJ L 184, 17.7.1999, p. 23.’

17. the following Articles shall be inserted:

‘Article 21a

1.
The Committee may discuss any matter relating to
the interoperability of the trans-European high-speed rail
system,
including questions relating to interoperability
between this system and the rail system of third countries.

The Committee may discuss any matter relating to
2.
the implementation of
the
this Directive.
Commission shall adopt an implementing recommen-
dation in accordance with the procedure set out
in
Article 21(2).

If necessary,

Article 21b

1.
The Commission may decide, on its own initiative or
at the request of a Member State, in accordance with the
procedure set out in Article 21(2), to mandate the drafting
of a TSI for an additional subject, insofar as it concerns a
subsystem mentioned in Annex II.

2.
In accordance with the procedure set out in Article
21(2), the Committee shall, on the basis of a proposal by
the Commission, adopt a work programme conforming to
the objectives of this Directive 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 (*).

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Article 21c

2. the following paragraph shall be added to Article 1:

Annexes II to VI may be amended in accordance with the
procedure set out in Article 21(2).

___________
(*) OJ L 110, 20.4.2001, p. 1.’

18. the following Article shall be inserted:

‘Article 22a

1. Member States shall ensure that a register of infra-
structure and a register of rolling stock are published and
updated annually. These registers shall indicate the main
features of each subsystem or part subsystem involved, e.g.
the basic parameters, and their correlation with the
features laid down by the applicable TSIs. To that end,
each TSI shall indicate precisely which information must
be included in the registers of infrastructure and of rolling
stock.

2.
A copy of those registers shall be sent to the Member
States concerned and to the Agency and shall be made
available for consultation by interested parties,
including
at least the professional actors from the sector.’;

19. Annex I shall be replaced by the text in Annex I to this

Directive;

20. Annex II shall be replaced by the text in Annex II to this

Directive;

21. the following subparagraph shall be added to Annex VII,

point 2:

‘In particular, the body and the staff responsible for the
checks must be functionally independent of the authorities
designated to issue authorisations for placing in service in
the framework of this Directive, licences in the framework
of Council Directive 95/18/EC of 19 June 1995 on the
licensing of railway undertakings (*) and safety certificates
in the framework of Directive 2003/. . ./EC (+), and of the
bodies in charge of investigations in the event of accidents.

___________
(*) OJ L 143, 27.6.1995, p. 70. Directive as amended by
Directive 2001/13/EC of the European Parliament and
of the Council (OJ L 75, 15.3.2001, p. 26).’

Article 2

Directive 2001/16/EC is hereby amended as follows:

1. the title shall be replaced by the following:

‘Directive
the
2001/16/EC of
Council of 19 March 2001 on the interoperability of the
conventional rail system’;

the European Parliament and of

to

rail

the whole

conventional

The scope of this Directive shall be progressively
‘3.
system,
extended
including track access to terminals and main port facilities
serving or potentially serving more than one user, except
for infrastructure and rolling stock reserved for a strictly
local, historical or touristic use or infrastructure which is
functionally isolated from the rest of the rail system, and
without prejudice to the derogations to the application of
TSIs as listed in Article 7.

This Directive shall be applied to the parts of the network
which are not yet covered by paragraph 1 only from the
date of entry into force of the corresponding TSIs to be
adopted in accordance with the procedure described below
and for the fields of application set by them.

The Commission shall adopt, following the procedure set
in Article 21(2), by 1 January 2006 a work
out
programme aiming at
the development of new TSIs
and/or the review of TSIs already adopted with a view
to covering the lines and rolling stock not yet covered.

This work programme will indicate a first group of new
TSIs and/or amendments to TSIs to be developed by
January 2009, without prejudice
to Article 5(5) as
regards the possibility of providing for specific cases and
without prejudice to Article 7 allowing for derogations in
particular circumstances. The choice of the subjects to be
covered by the TSIs will be based on the expected cost-
effectiveness of each proposed measure and on the
taken at
principle of proportionality of measures
Community level. To this end, appropriate consideration
will be given to Annex I point 4 and the necessary balance
between, on one hand, the objectives of uninterrupted
movement of trains and of technical harmonisation, and,
on the other hand, the trans-European, national, regional
or local level of traffic considered.

After the development of this first group of TSIs, the
identification of
the priorities for the development of
new TSIs or the revision of existing TSIs will be adopted
following the procedure set out in Article 21(2).

A Member State need not apply this paragraph in the case
of projects at an advanced stage of development or subject
to a contract
in the course of performance when the
relevant group of TSIs are published.’;

3. Article 2 shall be amended as follows:

(a) point (h) shall be deleted.

(+) Number of the Railway Safety Directive.

(b) points (l) and (m) shall be replaced by the following:

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‘(l)

“upgrading” means any major modification work
on a subsystem or part subsystem which improves
the overall performance of the subsystem;

(m) “renewal” means any major substitution work on a
subsystem or part subsystem which does not
change the overall performance of the subsystem;’;

(c) the following points shall be added:

‘(o) “substitution in the framework of maintenance”
means any replacement of components by parts
of
function and performance in the
framework of preventive or corrective main-
tenance;

identical

(p)

“placing in service” means all the operations by
into its design
which a
operating state’;

subsystem is put

4. Article 5 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘1.
Each of the subsystems shall be covered by one
TSI. Where necessary, a subsystem may be covered by
several TSIs and one TSI may cover several subsystems.
The decision to develop and/or to review a TSI and the
choice of its technical and geographical scope requires
a mandate in accordance with Article 6(1).’;

(b) point

(e)
following:

in paragraph 3 shall be replaced by the

‘(e) state,

in each case under consideration, which
procedures are to be used in order to assess the
conformity or the suitability for use of the inter-
operability constituents, on the one hand, or the
“EC” verification of the subsystems, on the other
hand. These procedures shall be based on the
modules defined in Decision 93/465/EEC;’

(c) the following paragraph shall be added:

to European standards or

shall be regarded as annexes

TSIs may make an explicit, clearly identified
‘7.
reference
specifications
where this is strictly necessary in order to achieve
In such case, these
the objectives of this Directive.
European standards or specifications (or the relevant
parts)
to the TSI
concerned and shall become mandatory from the
In the absence of
is applicable.
moment
European standards or
specifications and pending
their development, reference may be made to other
clearly identified normative documents; in such case,
this shall concern documents that are easily accessible
and in the public domain.’;

the TSI

5. Article 6 shall be replaced by the following:

‘Article 6

Draft TSIs and subsequent amendments to TSIs shall
1.
be drafted under a mandate from the Commission in
accordance with the procedure set out in Article 21(2).
They shall be drafted under the responsibility of
the
in accordance with Articles 3 and 12 of Regu-
Agency,
lation (EC) No . . ./2000 of the European Parliament and of
the Council of . . . establishing a European railway agency
(“Agency Regulation”) (*) and in cooperation with the
working parties mentioned in those Articles.

TSIs shall be adopted and reviewed in accordance with the
procedure set out in Article 21(2). They shall be published
by the Commission in the Official Journal of the European
Union.

2.
The Agency shall be responsible for preparing the
review and updating of TSIs and making any recommen-
dations to the Committee referred to in Article 21 in order
to take account of developments in technology or social
requirements.

3.

Each draft TSI shall be drawn up in two stages.

First of all, the Agency shall identify the basic parameters
for the TSI as well as the interfaces with the other
subsystems and any other specific cases that may be
necessary. The most viable alternative solutions accom-
panied by technical and economic justification shall be
put forward for each of these parameters and interfaces.
A decision shall be taken in accordance with the procedure
set out in Article 21(2); if necessary, specific cases shall be
cited.

The Agency shall then draw up the draft TSI on the basis
of these basic parameters. Where appropriate, the Agency
shall take account of technical progress, of standardisation
work already carried out, of working parties already in
place and of acknowledged research work. An overall
the
assessment of
implementation of the TSIs shall be attached to the draft
TSI; this assessment shall indicate the likely impact for all
the operators and economic agents involved.

the estimated costs and benefits of

4.
The drafting, adoption and review of each TSI
(including the basic parameters) shall take account of the
estimated costs and benefits of all the technical solutions
considered, together with the interfaces between them, so
as to establish and implement the most viable solutions.
The Member States shall participate in this assessment by
providing the requisite data.

The Committee referred to in Article 21 shall be kept
5.
regularly informed of the preparatory work on the TSIs.
During this work the Committee may formulate any terms
of reference or useful recommendations concerning the
In
design of
the request of a
particular,
Member State,
solutions be
examined and that
the cost and
benefits of these alternative solutions be set out in the
report annexed to the draft TSI.

the TSIs and the cost-benefit analysis.
the Committee may, at

alternative
the assessment of

require

that

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On the adoption of each TSI, the date of entry into
6.
force of that TSI shall be established in accordance with
the procedure set out in Article 21(2). Where different
subsystems have to be placed in service simultaneously
for reasons of technical compatibility, the dates of entry
into force of the corresponding TSIs shall be the same.

7.
The drafting, adoption and review of the TSIs shall
take account of the opinions of the users, as regards the
impact on the
characteristics which have
conditions in which they use the subsystems. To that
end the Agency shall consult associations and bodies
representing users during the drafting and review phases
of the TSIs. They shall enclose with the draft TSI a report
on the results of this consultation.

a direct

The list of associations and bodies to be consulted shall be
finalised by the Committee referred to in Article 21 before
the first TSI and may be
it adopts the mandate of
re-examined and updated at
the request of a Member
State or the Commission.

The drafting, adoption and review of the TSIs shall
the social partners as

8.
take account of
the opinion of
regards the conditions referred to in Article 5(3)(g).

To this end, the social partners shall be consulted before
the draft TSI is submitted, for adoption or review, to the
Committee referred to in Article 21.

The social partners shall be consulted in the context of the
Sectoral Dialogue Committee set up in accordance with
Decision 98/500/EC (**) The social partners shall
issue
their opinion within three months.

___________
(*) OJ L . . .
(**) Commission Decision
12.8.1998, p. 27).’

98/500/EC (OJ

L

225,

6. Article 7(a) shall be replaced by the following:

‘(a)

for a proposed new line, for the renewal or upgrading
of an existing line, or for any element referred to
Article 1(1) at an advanced stage of development or
the subject of a contract in course of performance
when these TSIs are published;’;

7. Article 10 shall be amended as follows:

(a) paragraph 2 shall be replaced by the following:

All interoperability constituents shall be subject
‘2.
to the procedure for assessing conformity and suit-
ability for the use indicated in the respective TSI and
shall be accompanied by the corresponding certificate.’;

(b) paragraph 3 shall be replaced by the following:

‘3. Member States shall consider that an interoper-
ability constituent meets the essential requirements if it
complies with the conditions laid down by the corre-

sponding TSI or the corresponding European specifi-
cations developed to comply with these conditions.’;

(c) paragraphs 4 and 5 shall be deleted;

8. Article 11 shall be replaced by the following:

‘Article 11

Where it appears to a Member State or the Commission
that European specifications used directly or indirectly to
achieve the objectives of this Directive do not meet the
essential requirements, partial or total withdrawal of the
specifications concerned from the publications containing
them, or their amendment, may be decided upon in
accordance with the procedure set out in Article 21(2)
after
set up under
Directive 98/34/EC.’;

consultation of

committee

the

9. Article 14 shall be amended as follows:

(a) the

following

subparagraph shall be

added to

paragraph 2:

that

end,

‘To
verification
procedures laid down in the respective structural and
functional TSIs shall be used.’;

assessment

and

the

(b) paragraph 3 shall be replaced by the following:

In the event of renewal or upgrading, the infra-
‘3.
structure manager or the railway undertaking shall
send the Member State concerned a file describing
the project. The Member State shall examine this file
and, taking account of the implementation strategy
indicated in the applicable TSI, shall decide whether
the size of the works means that a new authorisation
for placing in service within the meaning of
this
Directive is needed.

Such new authorisation for placing in service shall be
required each time the overall safety level of
the
subsystem concerned may be affected by the works
envisaged.
the
Member State shall decide to what extent the TSIs
need to be applied to the project. The Member State
shall notify its decision to the Commission and the
other Member States.’;

If a new authorisation is needed,

(c) the following paragraphs shall be inserted:

‘4. Where Member States authorise the placing in
service of rolling stock, they shall be responsible for
ensuring that an alphanumeric identification code is
assigned to each vehicle. This code must be marked
on each vehicle and be entered in a national vehicle
register that meets the following criteria:

(a) the register shall comply with the common speci-

fications defined in paragraph 5;

(b) the register shall be kept and updated by a body

independent of any railway undertaking;

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Official Journal of the European Union

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(c) the register shall be accessible to the safety auth-
orities
and investigating bodies designated in
Articles 16 and 21 of Directive 2003/. . ./EC of
the European Parliament and of the Council of
. . . on safety on the Community's railways (*)
(“Railway Safety Directive”). It shall also be made
accessible, in response to any legitimate request, to
the regulatory bodies designated in Article 30 of
Directive 2001/14/EC of the European Parliament
and of the Council of 26 February 2001 on the
allocation of railway infrastructure capacity and the
levying of charges for the use of railway infra-
structure
to the
Agency, to the railway undertakings and to the
infrastructure managers.

certification (**),

and safety

In case of rolling stock placed in service for the first
time in a third country, Member States may accept
vehicles clearly identified according to a different
coding system. However, once a Member State has
authorised the placing in service of such vehicles on
its territory, it must be possible to retrieve the corre-
sponding data, listed below in paragraph 5(c), (d) and
(e), through the register.

5.
The common specifications for the register shall
be adopted in accordance with the procedure laid
down in Article 21(2), on the basis of the draft spec-
ifications prepared by the Agency. These draft specifi-
cations shall include: content, data format, functional
and technical architecture, operating mode, rules for
shall
and consultation. The
data
contain at least the following information:

register

input

(a) references to the “EC” declaration of verification

and the issuing body;

shall

send the other Member States and the
States
Commission, for each subsystem, a list of the technical
rules in use for implementing the essential requirements.
This shall be notified before . . . (*) and following that, each
rules is changed. On that
time the list of
occasion, Member States shall also designate the bodies
responsible
these
technical regulations, the verification procedure referred
to in Article 18.’

carrying out,

technical

case of

in the

for

11. the following subparagraph shall be added to Article 17:

‘In such a case, the TSIs shall be reviewed in accordance
with the procedure referred to in Article 6(2). If certain
technical
essential
corresponding
requirements cannot be explicitly covered in a TSI, they
shall be clearly identified in an Annex to the TSI. Article
16(3) shall apply to these aspects.’;

aspects

the

to

12. Article 20(5) shall be replaced by the following:

‘5.
The Commission shall set up a notified bodies coor-
dination group (hereinafter referred to as “the coordination
group”) which shall discuss any matter relating to the
application of the procedures for assessing conformity or
suitability for the use referred to in Article 13 and the
verification procedure referred to in Article 18, or to
application of the relevant TSIs. Member States' represen-
tatives may take part in the work of the coordination
group as observers.

The Commission and the observers
inform the
committee referred to in Article 21 of the work carried
out in the framework of this coordination group. The
Commission, when
the
appropriate, will
measures needed to remedy the problems.

propose

shall

(b) references

to
mentioned in Article 24;

the

register

of

rolling

stock

Where necessary, coordination of the notified bodies shall
be implemented in accordance with Article 21.’

(c)

identification of the owner of the vehicle or the
lessee;

13.

in Article 21 the following paragraph shall be added:

(d) any restrictions on how the vehicle may be used;

(e) safety-critical data relating to the maintenance

schedule of the vehicle.

___________
(*) OJ L . . .
(**) OJ L 75, 15.3.2001, p. 29. Directive as amended
by Commission Decision 2002/844/EC (OJ L 289,
26.10.2002, p. 30).’

10. Article 16(3) shall be replaced by the following:

‘4.
Should it prove necessary, the Committee may set
up working parties to assist it in carrying out its tasks, in
particular with a view to coordinating the notified bodies.’;

14. the following Article shall be inserted:

‘Article 21a

The Commission may submit to the Committee any matter
relating to the
If
implementation of
necessary, the Commission shall adopt an implementing
recommendation in accordance with the procedure set
out in Article 21(2).

this Directive.

‘3.
In the absence of TSIs, and including cases when a
derogation has been notified under Article 7, Member

(*) One year after the entry into force of this Directive.

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Article 21b

Annexes II to VI may be amended in accordance with the
procedure set out in Article 21(2).’;

15. Article 23 shall be replaced by the following:

‘Article 23

1.
The order of priority for the adoption of the TSIs
shall be as follows, without prejudice to the order of
adoption of the mandates provided for in Article 6(1):

(c) adoption of a method of cost-benefit analysis of the

solutions set out in the TSIs;

(d) adoption of the mandates needed to draw up the TSIs;

(e) adoption of the basic parameters for each TSI;

(f) approval of draft standardisation programmes;

(g) management of the transition period between the date
of entry into force of Directive 2003/. . ./EC (*) and
publication of the TSIs, including the adoption of the
reference system mentioned in Article 25.

telematic

applications

(a) the first group of TSIs shall cover control/command
and signalling;
freight
services; traffic operation and management (including
staff qualifications for cross-border services respecting
the criteria defined in Annexes II and III);
freight
wagons; noise problems deriving from rolling stock
and infrastructure. As
that
intended for international use shall be developed first;

rolling stock,

regards

for

the resources of

(b) the following aspects shall also be discussed in the
light of
the Commission and the
Agency: telematic applications for passenger services,
particular
maintenance, with
safety,
regard
passenger carriages,
traction units and locomotives,
infrastructure, energy and air pollution. As regards
rolling stock, that intended for international use shall
be developed first;

to

(c) at the request of the Commission, a Member State or
the Agency, the Committee may decide, in accordance
with the procedure set out in Article 21(2), to draw up
a TSI for an additional subject in so far as it concerns a
subsystem mentioned in Annex II.

The Commission, in accordance with the procedure
2.
set out in Article 21(2), shall draw up a work programme
observing the order of priority referred to in paragraph 1
and that of the other tasks entrusted to it by this Directive.

The TSIs mentioned in the first work programme referred
to in paragraph 1(a) shall be drawn up not later than 20
April 2004.

The work programme shall consist of the following

3.
stages:

(a) development on the basis of a draft established by the
Agency of a representative architecture of the conven-
tional rail system, based on the list of subsystems
to guarantee consistency between TSIs.
(Annex II),
This
the
various constituents of this system and their interfaces
and act as a reference framework for defining the areas
of use of each TSI;

architecture must

in particular

include

___________
(*) OJ L . . .’

16. Article 24(2) shall be replaced by the following:

A copy of

those registers shall be sent

‘2.
to the
Member States concerned and to the Agency and shall
be made available for consultation by interested parties,
including at least the professional actors from the sector.’;

17. Article 25(1) shall be replaced by the following:

the relevant

technical documents

The Agency shall develop,

‘1.
in accordance with
Articles 3 and 12 of Regulation (EC) No . . ./2003 (+), on
the basis of the information notified by the Member States
from the
under Article 16(3),
international
profession and the texts of
technical rules
agreements, a draft reference system of
ensuring the current degree of
the
lines and rolling stock that will be brought within the
scope of this Directive as defined in Article 1(3). The
Commission, following the procedure set out in Article
21(2), shall examine this draft and decide whether it
may constitute a reference system pending the adoption
of TSIs.’

interoperability of

18. Annex I shall be replaced by the text in Annex III to this

Directive;

19. the following subparagraph shall be added to Annex VII,

point 2:

‘In particular, the body and the staff responsible for the
checks must be functionally independent of the authorities
designated to issue authorisations for placing in service in
the framework of this Directive, licences in the framework
of Council Directive 95/18/EC of 19 June 1995 on the
licensing of railway undertakings (*), and safety certificates
in the framework of Directive 2003/. . ./EC (++) and of the
bodies in charge of investigations in the event of accidents.

___________
(*) OJ L 143, 27.6.1995, p. 70 Directive as amended by
Directive 2001/13/EC of the European Parliament and
of the Council (OJ L 75, 15.3.2001, p. 26).’

(b) adoption of a model structure for developing TSIs;

(+) Number of the Agency Regulation.
(++) Number of the Railway Safety Directive.

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20. Annex VIII shall be deleted.

Article 3

reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

The Commission shall take all necessary measures to ensure
that the application of this Directive preserves as far as possible
the TSI development work already mandated in the framework
of Directives 96/48/EC and 2001/16/EC and to ensure that
projects that are at an advanced stage of development when
this Directive enters into force are not affected.

Article 4

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

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such

Article 5

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

Article 6

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(*) 24 months after the date of entry into force of this Directive.

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ANNEX

‘ANNEX I

THE TRANS-EUROPEAN HIGH-SPEED RAIL SYSTEM

1. THE INFRASTRUCTURE

The infrastructure of the trans-European high-speed rail system shall be that of the lines of the trans-European
transport network identified in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July
1996 on Community guidelines for the development of the trans-European transport network (1) or listed in any
update of that Decision as a result of the revision provided for in Article 21 of that Decision.

The high-speed lines shall comprise:

— specially built high-speed lines equipped for speeds generally equal to or greater than 250 km/h,

— specially upgraded high-speed lines equipped for speeds of the order of 200 km/h,

— specially upgraded high-speed lines which have special features as a result of topographical, relief or town-

planning constraints, on which the speed must be adapted to each case.

This infrastructure includes traffic management, tracking and navigation systems: technical
installations for data
processing and telecommunications intended for passenger services on these lines in order to guarantee the safe
and harmonious operation of the network and efficient traffic management.

2. THE ROLLING STOCK

The rolling stock referred to in this Directive shall comprise trains designed to operate:

— either at speeds of at least 250 km/h on lines specially built for high speeds, while enabling operation at speeds

exceeding 300 km/h in appropriate circumstances,

— or at speeds of the order of 200 km/h on the lines of section 1, where compatible with the performance levels

of these lines.

3. COMPATIBILITY OF THE TRANS-EUROPEAN HIGH-SPEED RAIL SYSTEM

The quality of rail services in Europe depends, inter alia, on excellent compatibility between the characteristics of the
infrastructure (in the broadest sense, i.e. the fixed parts of all the subsystems concerned) and those of the rolling
stock (including the onboard components of all the subsystems concerned). Performance levels, safety, quality of
service and cost depend upon that compatibility.’

(1) OJ L 228, 9.9.1996, p. 1 Decision amended by Decision 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

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ANNEX II

‘ANNEX II

SUBSYSTEMS

1. LIST OF SUBSYSTEMS

For the purposes of this Directive, the system constituting the trans-European high-speed rail system may be broken
down into the following subsystems:

(a) either structural areas:

— infrastructure;

— energy;

— control and command and signalling;

— traffic operation and management;

— rolling stock;

(b) or operational areas:

— maintenance;

— telematics applications for passenger and freight services.

2. AREAS TO BE COVERED

For each subsystem, the list of aspects relating to interoperability is indicated in the mandates for drawing up TSIs
given to the Agency.

Under Article 6(1), these mandates shall be established in accordance with the procedure set out in Article 21(2).

Where necessary, the list of aspects relating to interoperability indicated in the mandates is specified by the Agency
in accordance with Article 5(3)(c).’

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Official Journal of the European Union

11.11.2003

ANNEX III

‘ANNEX I

THE TRANS-EUROPEAN CONVENTIONAL RAIL SYSTEM

1. INFRASTRUCTURE

The infrastructure of the trans-European conventional rail system will be that on the lines of the trans-European
transport network identified in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July
1996 on Community guidelines for the development of the trans-European transport network (1) or listed in any
update to the same Decision as a result of the revision provided for in Article 21 of that Decision.

For the purposes of this Directive, this network may be subdivided into the following categories:

lines intended for passenger services;

lines intended for mixed traffic (passengers and freight);

lines specially designed or upgraded for freight services;

passenger hubs;

freight hubs, including intermodal terminals;

lines connecting the abovementioned elements.

This infrastructure includes traffic management, tracking, and navigation systems: technical
installations for data
processing and telecommunications intended for long-distance passenger services and freight services on the network
in order to guarantee the safe and harmonious operation of the network and efficient traffic management.

2. ROLLING STOCK

The rolling stock will comprise all the stock likely to travel on all or part of the trans-European conventional rail
network, including:

self-propelling thermal or electric trains;

thermal or electric traction units;

passenger carriages;

freight wagons, including rolling stock designed to carry lorries.

Mobile railway infrastructure construction and maintenance equipment is included but is not the first priority.

Each of the above categories is subdivided into:

rolling stock for international use;

rolling stock for national use.

3. COMPATIBILITY OF THE TRANS-EUROPEAN CONVENTIONAL RAILWAY SYSTEM

The quality of rail services in Europe depends, inter alia, on excellent compatibility between the characteristics of the
infrastructure (in the broadest sense, i.e. the fixed parts of all the subsystems concerned) and those of the rolling
stock (including the onboard components of all the subsystems concerned). Performance levels, safety, quality of
service and cost depend upon that compatibility.

(1) OJ L 228, 9.9.1996, p. 1 Decision as amended by Decision No 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

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4. EXTENSION OF THE SCOPE

1. Subcategories of lines and rolling stock

In order to deliver interoperability cost-effectively further subcategories of all categories of lines and rolling stock
mentioned in this Annex will, where necessary, be developed. If necessary, the functional and technical specifi-
cations mentioned in Article 5(3) may vary according to the subcategory.

2. Cost safeguards

The cost-benefit analysis of the proposed measures will take into consideration, among others, the following:

— cost of the proposed measure;

— reduction of capital costs and charges due to economies of scale and better utilisation of rolling stock;

— reduction of investment and maintenance/operating costs due to increased competition between manu-

facturers and maintenance companies;

— environmental benefits, due to technical improvements of the rail system;

— increase of safety in operation.

In addition, this assessment will indicate the likely impact for all the operators and economic agents involved.’

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Official Journal of the European Union

11.11.2003

STATEMENT OF THE COUNCIL'S REASONS (1)

(1) See page 3 of this Official Journal.