Corrigendum to Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 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 (OJ L 164, 30.4.2004)
Date: 2004-06-21
Institutions: Council of the European Union, European Parliament
Subjects: harmonisation of standards, high-speed transport, rail transport, technical standard, trans-European network

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Corrigendum to Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 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

(Official Journal of the European Union L 164 of 30 April 2004)

Directive 2004/50/EC should read as follows:

DIRECTIVE 2004/50/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

Having regard to the Treaty establishing the European Commu-
nity, 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 the Committee of the Regions (3),

Acting in accordance with the procedure referred to in Article 251
of the Treaty (4), in the light of the joint text approved by the Con-
ciliation Committee on 23 March 2004,

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 net-
works, particularly in the field of technical standardisation.

(1) OJ C 126E, 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 (OJ C 38 E,
12.2.2004, p. 119), Council Common Position of 26 June 2003 (OJ
C 270 E, 11.11.2003, p. 7 and Position of the European Parliament of
23 October 2003 (not yet published in the Official Journal). Legisla-
tive Resolution of the European Parliament of 22 April 2004 and
Decision of the Council of 26 April 2004.

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
designated as the joint representative body in the frame-
work of that Directive, and adopted by the Commission
on 30 May 2002.

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
interoperability of the trans-European high-speed rail sys-
tem. In its Resolution of 17 May 2000 (6), 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 (7).

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.

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.

(3)

(4)

(5)

(5) OJ L 235, 17.9.1996, p. 6. Directive as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council (OJ
L 284, 31.10.2003, p. 1).
(6) OJ C 59, 23.2.2001, p. 121.
(7) OJ L 110, 20.4.2001, p. 1.

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(6)

(7)

(8)

(9)

The adoption of Regulation (EC) No 881/2004 of the
European Parliament and of the Council of 29 April 2004
establishing a European railway agency (Agency Regula-
tion) (1) and of Directive 2004/49/EC of the European Par-
liament and of the Council of 29 April 2004 on safety on
the Community’s railways (Railway Safety Directive) (2)
means that certain provisions of Directives 96/48/EC and
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.

The entry into force of Directives 2001/12/EC of the Euro-
pean Parliament and of the Council of 26 February 2001
amending Council Directive 91/440/EEC on the develop-
ment of the Community’s railways (3), 2001/13/EC of the
European Parliament and of the Council of 26 Febru-
ary 2001 amending Council Directive 95/18/EC on the
licensing of railway undertakings (4) and 2001/14/EC of
the European Parliament and of the Council of 26 Febru-
ary 2001 on the allocation of railway infrastructure capac-
ity and the levying of charges for the use of railway infra-
structure and safety certification (5) 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
whole network by extending progressively the geographi-
cal scope of Directive 2001/16/EC. It is also necessary to
extend the legal basis of Directive 2001/16/EC to Article
71 of the Treaty, on which Directive 2001/12/EC is
founded.

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 objec-
tive of reducing congestion on Europe’s roads.

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

(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 Direc-
tive, and the ‘harmonised’ standards that have been devel-
oped in the spirit of the new approach to technical har-
monisation 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 interoper-
ability constituents and interfaces. These European speci-
fications, or the applicable parts thereof, are not manda-
tory and no explicit reference to these specifications may
be made in the TSIs. References to these European specifi-
cations are published in the Official Journal of the Euro-
pean 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 to achieve the objectives of this Direc-
tive. Such explicit reference has consequences which must
be made clear; in particular, these European standards or
specifications become mandatory from the moment the
TSI is applicable.

(13) The TSI sets all the conditions with which an interoperabil-
ity constituent must conform, and the procedure to be fol-
lowed in assessing conformity. In addition, it is necessary
to specify that every constituent must undergo the proce-
dure for assessing conformity and suitability for the use
indicated in the TSIs and have the corresponding
certificate.

(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.

(1) See page 3 of this Official Journal.
(2) See page 16 of this Official Journal.
(3) OJ L 75, 15.3.2001, p. 1.
(4) OJ L 75, 15.3.2001, p. 26.
(5) 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).

(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 correspond-
ing TSI should be specified. In such case, the bodies respon-
sible for the conformity assessment and verification pro-
cedures should be those already notified under Article 20
of Directives 96/48/EC and 2001/16/EC.

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(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
procedures for the exercise of implementing powers con-
ferred on the Commission (1).

(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)

(20)

(21)

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
therefore, by reason of its trans-European character as rec-
ognised by the Treaty, be better achieved 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 principle of proportion-
ality as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve that objective.

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.

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

(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 shall be replaced by the following:

‘Article 1

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

These conditions concern the design, construction, placing in
service, upgrading, renewal, operation and maintenance of
the parts of this system placed in service after 30 April 2004,
as well as the qualifications and health and safety conditions
of the staff who contribute to its operation.

The pursuit of this objective must lead to the definition
2.
of an optimal level of technical harmonisation and make it
possible to:

(a)

facilitate, improve and develop international rail trans-
port services within Community territory and with third
countries;

(b) contribute to the gradual creation of the internal market
in equipment and services for the construction, opera-
tion, renewal and upgrading of the trans-European high-
speed rail system;

(c)

contribute to the interoperability of the trans-European
high-speed rail system.’

(22) Notwithstanding the exemptions from the scope of
Directive 2001/16/EC, the voluntary application of the rel-
evant provisions of that Directive by the Member States at
national level should be encouraged, with a view to increas-
ing cost efficiency and economies of scale in the manufac-
turing sector.

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

2.

the following points shall be added to Article 2:

‘(j)

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

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(k)

“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 geo-
graphical, topographical or urban environment con-
straints or those affecting compatibility with the exist-
ing system. This may include in particular railway lines
and networks isolated from the rest of the Community
territory, the loading gauge, the track gauge or space
between the tracks;

(l)

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

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

(n)

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

(o)

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

(p)

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

3. Article 2(h) shall be deleted.

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) paragraph 3 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:

(a)

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

(b)

lay down essential requirements for each subsystem
concerned and its
interfaces vis-à-vis other
subsystems;

(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 specifications
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, including European standards, which
are necessary to achieve interoperability within the
trans-European high speed rail system;

(e)

(f)

(g)

state, in each case under consideration, which pro-
cedures are to be used in order to assess the confor-
mity or the suitability for use of the interoperability
constituents, on the one hand, or the EC verification
of the subsystems, on the other hand. These proce-
dures shall be based on the modules defined in
Decision 93/465/EEC;

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:

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

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5. Article 6 shall be replaced by the following:

‘Article 6

1.
Draft TSIs and subsequent amendments to TSIs shall 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 Regulation (EC) No 2004/881/EC
of the European Parliament and of the Council of 29 April
2004 establishing a European Railway Agency (Agency Regu-
lation) (*) and in cooperation with the Working Parties men-
tioned 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 recommenda-
tions 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 accompanied by technical and
economic justification shall be put forward for each of these
parameters and interfaces. A decision shall be taken in accor-
dance with the procedure set out in Article 21(2); if neces-
sary, 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
estimated costs and benefits 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.

4.
The drafting, adoption and review of each TSI (includ-
ing 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. Dur-
ing this work the Committee may formulate any terms of ref-
erence or useful recommendations concerning the design of
the TSIs and the cost-benefit analysis. In particular, the Com-
mittee may, at the request of a Member State, require that

alternative solutions be examined and that the assessment of
the cost and benefits of these alternative solutions be set out
in the report annexed to the draft TSI.

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 sub-
systems have to be placed in service simultaneously for rea-
sons 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 characteristics
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 draft-
ing 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.

8.
The drafting, adoption and review of the TSIs shall take
account of the opinion of the social partners as 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 Com-
mittee referred to in Article 21.

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

(*) OJ L 164, 30.4.2004, p. 1.
(**) OJ L 225, 12.8.1998, p. 27’

6. Article 7 shall be replaced by the following:

‘Article 7

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
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;

for any element

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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;

(c) paragraphs 4 and 5 shall be deleted;

9. Article 11 shall be replaced by the following:

(b)

(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 iso-
lated 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 would
compromise the economic viability of the 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 corre-
sponding specifications that it does wish to apply. The Com-
mission shall analyse the measures envisaged by the Member
State. In cases (b) and (d), the Commission shall take a deci-
sion in accordance with the procedure set out in Article 21(2).
Where necessary, a recommendation shall be drawn up con-
cerning 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.’

8. Article 10 shall be amended as follows:

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

‘2.
All interoperability constituents shall be subject to
the procedure for assessing conformity and suitability
for the use indicated in the respective TSI and be accom-
panied 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.’

‘Article 11

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 require-
ments, partial or total withdrawal of the specifications con-
cerned from the publications containing them, or their
amendment, may be decided upon in accordance with the
procedure set out in Article 21(2) after consultation of the
Committee 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 informa-
tion society services (*).

(*) 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 ser-
1.
vice of those structural subsystems constituting the trans-
European high-speed rail system which are located or oper-
ated in its territory.

To this end, each Member State shall take all appropriate
steps to ensure that these subsystems may be placed in ser-
vice 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 compatibil-
ity of these subsystems with the system into which they are
being integrated.

Each Member State shall check, when the subsystems
2.
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.

3.
In the event of renewal or upgrading, the infrastructure
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 imple-
mentation 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.

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

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

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:

(e)

safety-critical data relating to the maintenance schedule
of the vehicle.

(*) OJ L 164, 30.4.2004, p. 44.
(**) 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).’

(a)

the register shall comply with the common specifica-
tions defined in paragraph 5;

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

(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 2004/49/EC of the European Parlia-
ment and of the Council of 29 April 2004 on safety on
the Community’s railways (Railway Safety Directive) (*);
it shall also be made accessible, in response to any legiti-
mate request, to the regulatory bodies designated in
Article 30 of Directive 2001/14/EC of the European Par-
liament and of the Council of 26 February 2001 on the
allocation of railway infrastructure capacity and the levy-
ing of charges for the use of railway infrastructure and
safety certification (**), to the Agency, to the railway
companies and to the infrastructure managers.

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 corresponding 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 set out in
Article 21(2), on the basis of the draft specifications prepared
by the Agency. These draft specifications shall include: con-
tent, data format, functional and technical architecture, oper-
ating 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;

‘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:

‘3.
In the absence of TSIs, and including cases when a
derogation has been notified under Article 7, Member States
shall send the other Member States and the Commission, for
each subsystem, a list of the technical rules in use for imple-
menting the essential requirements. This shall be notified
by 30 April 2005 and thereafter each time the list of techni-
cal 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 sub-
system 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 coordi-
nation group (hereinafter the coordination group) which
shall discuss any matter relating to the application of the pro-
cedures 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 in the
work of the coordination group as observers.”

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The Commission and the observers shall inform the commit-
tee referred to in Article 21 of the work carried out in the
framework of the coordination group. The Commission,
when appropriate, will propose the measures needed to rem-
edy the problems.

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

set out

In accordance with the procedure

in
2.
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 Council of
19 March 2001 on the interoperability of the trans-European
conventional rail system (*).

the European Parliament and of

16. Article 21 shall be replaced by the following:

Article 21c

‘Article 21

1.

The Commission shall be assisted by a committee.

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:

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of implement-
ing powers conferred on the Commission (*) shall apply, hav-
ing regard to the provisions of Article 8 thereof.

‘Article 22a

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.

4.
Should it prove necessary, the Committee may set up
working parties to assist it in carrying out its tasks, in par-
ticular 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

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

2.
The Committee may discuss any matter relating to the
implementation of this Directive. If necessary, the Commis-
sion shall adopt an implementing recommendation in accor-
dance with the procedure set out in Article 21(2).

1. Member States shall ensure that a register of infrastruc-
ture 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 regis-
ters 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 avail-
able 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 point shall be added to Annex III:

‘2.4.4. C o n t r o l s

Trains must be equipped with a recording device. The
data collected by this device and the processing of the
information must be harmonised.’

Article 21b

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

22. 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

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framework of this Directive, licences in the framework of
Council Directive 95/18/EC of 19 June 1995 on the licens-
ing of railway undertakings (*) and safety certificates in the
framework of Directive 200./49/EC, and of the bodies in
charge of investigations in the event of accidents.

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

(*) 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
2001/16/EC of the European Parliament and of the Council
of 19 March 2001 on the interoperability of the conven-
tional rail system’;

2. Article 1 is hereby amended as follows:

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

This Directive sets out to establish the conditions
‘1.
to be met to achieve interoperability within the Commu-
nity territory of the trans-European conventional rail
system, as described in Annex I. These conditions con-
cern the design, construction, placing in service, upgrad-
ing, renewal, operation and maintenance of the parts of
this system placed in service after the date of entry into
force of this Directive, as well as the professional quali-
fications and health and safety conditions of the staff
who contribute to its operation and maintenance.’

(b)

the introductory part of paragraph 2 shall be replaced by
the following:

‘2.
The pursuit of this objective must lead to the defi-
nition of an optimal level of technical harmonisation
and make it possible to:’

(c)

the following paragraph shall be added:

‘3.
The scope of this Directive shall be progressively
extended to the whole conventional rail system, includ-
ing 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 net-
work 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.

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
principle of proportionality of measures taken at Com-
munity 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;

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

‘(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
identical function and performance in the frame-
work of preventive or corrective maintenance;

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(p)

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

4. Article 5 shall be amended as follows:

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

The Agency shall be responsible for preparing the
2.
review and updating of TSIs and making any recommenda-
tions 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.

‘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 pro-
cedures are to be used in order to assess the confor-
mity or the suitability for use of the interoperability
constituents, on the one hand, or the “EC” verifica-
tion 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:

‘7.
TSIs may make an explicit, clearly identified refer-
ence to European standards or specifications where this
is strictly necessary in order to achieve the objectives of
this Directive. In such case, these European standards or
specifications (or the relevant parts) shall be regarded as
annexes to the TSI concerned and shall become manda-
tory from the moment the TSI is applicable. In the
absence of 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 acces-
sible and in the public domain.’

5. Article 6 shall be replaced by the following:

‘Article 6

1.
Draft TSIs and subsequent amendments to TSIs shall 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 Regulation(EC) No 881/2004 of the
European Parliament and of the Council of 29 April 2004
establishing a European railway agency (Agency Regula-
tion) (*) and in cooperation with the working parties men-
tioned 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.

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 accompanied by technical and
economic justification shall be put forward for each of these
parameters and interfaces. A decision shall be taken in accor-
dance with the procedure set out in Article 21(2); if neces-
sary, 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
estimated costs and benefits 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 drafting, adoption and review of each TSI (includ-
4.
ing 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.

5.
The Committee referred to in Article 21 shall be kept
regularly informed of the preparatory work on the TSIs. Dur-
ing this work the Committee may formulate any terms of ref-
erence or useful recommendations concerning the design of
the TSIs and the cost-benefit analysis. In particular, the Com-
mittee may, at the request of a Member State, require that
alternative solutions be examined and that the assessment of
the cost and benefits of these alternative solutions be set out
in the report annexed to the draft TSI.

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 sub-
systems have to be placed in service simultaneously for rea-
sons of technical compatibility, the dates of entry into force
of the corresponding TSIs shall be the same.

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The drafting, adoption and review of the TSIs shall take
7.
account of the opinions of the 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 of the first TSI and may be re-examined
and updated at the request of a Member State or the
Commission.

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 consultation of the
committee set up under Directive 98/34/EC.’

8.
The drafting, adoption and review of the TSIs shall take
account of the opinion of the social partners as regards the
conditions referred to in Article 5(3)(g).

9. Article 14 shall be amended as follows:

To this end, the social partners shall be consulted before the
draft TSI is submitted, for adoption or review, to the Com-
mittee 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 164, 30.4.2004, p. 1
(**) OJ L 225, 12.8.1998, p. 27.’

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
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;’

for any element

7. Article 10 shall be amended as follows:

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

‘2.
All interoperability constituents shall be subject to
the procedure for assessing conformity and suitability
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 specifica-
tions developed to comply with these conditions.’

(a)

the following subparagraph shall be added to paragraph 2:

‘To that end, the assessment and verification procedures
laid down in the respective structural and functional TSIs
shall be used.’

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

‘3.
In the event of renewal or upgrading, 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, 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 sub-
system concerned may be affected by the works envis-
aged. If a new authorisation is needed, 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.’

(c)

the following paragraphs shall be inserted:

‘4. Where Member States authorise the placing in ser-
vice of rolling stock, they shall be responsible for ensur-
ing 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:

(c) paragraphs 4 and 5 shall be deleted;

(a)

the register shall comply with the common specifi-
cations defined in paragraph 5;

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(b)

the register shall be kept and updated by a body
independent of any railway undertaking;

(c)

the register shall be accessible to the safety authori-
ties and investigating bodies designated in Articles 16
and 21 of Directive 2004/49/EC of the Euro-
pean Parliament and of the Council of 29 April
2004 on safety on the Community’s railways (Rail-
way Safety Directive) (*). It shall also be made acces-
sible, in response to any legitimate request, to the
regulatory bodies designated in Article 30 of Direc-
tive 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 Agency, to the railway
undertakings and to the infrastructure managers.

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 plac-
ing in service of such vehicles on its territory, it must be
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.
adopted in accordance with the procedure laid down in
Article 21(2), on the basis of the draft specifications pre-
pared by the Agency. These draft specifications shall
include: content, data format, functional and technical
architecture, operating mode, rules for data input and
consultation. The register shall contain at least the fol-
lowing information:

(a)

references to the EC declaration of verification and
the issuing body;

(b)

references to the register of rolling stock mentioned
in Article 24;

(c)

identification of the owner of the vehicle or the
lessee;

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

(e)

safety-critical data relating to the maintenance
schedule of the vehicle.

(*) OJ L 164, 30.4.2004, p. 44
(**) 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)’

each subsystem, a list of the technical rules in use for imple-
menting the essential requirements. This shall be notified
before 30 April 2005 and following that, 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.’

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
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.’

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

‘5.
The Commission shall set up a notified bodies coordi-
nation group (hereinafter referred to as the coordination
group) which shall discuss any matter relating to the appli-
cation of the procedures for assessing conformity or suitabil-
ity 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’ representatives may take part in
the work of the coordination group as observers.

The Commission and the observers shall inform the commit-
tee referred to in Article 21 of the work carried out in the
framework of this coordination group. The Commission,
when appropriate, will propose the measures needed to rem-
edy the problems.

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

13.

in Article 21 the following paragraph shall be added:

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

14. the following Article shall be inserted:

‘Article 21a

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

‘3.
In the absence of TSIs, and including cases when a
derogation has been notified under Article 7, Member States
shall send the other Member States and the Commission, for

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

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Article 21b

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

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

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

solutions set out in the TSIs;

15. Article 23 shall be replaced by the following:

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

‘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):

(a)

(b)

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

the following aspects shall also be discussed in the light
of the resources of the Commission and the Agency:
telematic applications for passenger services, mainte-
nance, with particular regard to safety, passenger car-
riages, traction units and locomotives, infrastructure,
energy and air pollution. As regards rolling stock, that
intended for international use shall be developed first;

(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 sub-
system mentioned in Annex II.

2.
The Commission, in accordance with the procedure set
out in Article 21(2), shall draw up a work programme observ-
ing 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.

(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 2004/50/EC (*) of the Euro-
pean Parliament and of the Council of 29 April 2004
amending Council Directive 96/48/EC on the interoper-
ability 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 and publication of
the TSIs, including the adoption of the reference system
mentioned in Article 25.

(*) OJ L 164, 30.4.2004, p. 114’;

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

‘2.
A copy of those registers shall be sent to the Member
States concerned and to the Agency and shall be made avail-
able 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 Member

‘1.
The Agency shall develop, in accordance with Articles 3
and 12 of Regulation (EC) No 881/2004, on the basis of the
information notified by
States under
Article 16(3), technical documents from the profession and
the texts of the relevant international agreements, a draft ref-
erence system of technical rules ensuring the current degree
of interoperability 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.’

The work programme shall consist of the following

3.
stages:

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

Directive;

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

19. the following point shall be added to Annex III:

‘2.4.4. C o n t r o l s

Trains must be equipped with a recording device. The
data collected by this device and the processing of the
information must be harmonised.’

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

Article 4

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 licens-
ing of railway undertakings (*)and safety certificates in the
framework of Directive 2004/49/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).’

Member States shall bring into force the laws, regulations and
administrative provisions needed to comply with this Directive
before 30 April 2006. They shall forthwith inform the Commis-
sion 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 mak-
ing such reference shall be laid down by the Member States.

Article 5

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

21. Annex VIII shall be deleted.

Article 6

Article 3

This Directive is addressed to 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 Direc-
tives 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.

Done at Strasbourg, 29 April 2004.

For the European Parliament
The President
P. COX

For the Council
The President
M. McDOWELL

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ANNEX I

‘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 Com-
munity guidelines for the development of the trans-European transport network (*) or listed in any update of that Deci-
sion 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 pro-
cessing and telecommunications intended for passenger services on these lines in order to guarantee the safe and har-
monious 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 infra-
structure (in the broadest sense, i.e. the fixed parts of all the subsystems concerned) and those of the rolling stock (includ-
ing the onboard components of all the subsystems concerned).

(*) 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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Official Journal of the European Union

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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

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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 trans-
port 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 (*) 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 pro-
cessing 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 net-
work, 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 infra-
structure (in the broadest sense, i.e. the fixed parts of all the subsystems concerned) and those of the rolling stock (includ-
ing the onboard components of all the subsystems concerned). Performance levels, safety, quality of service and cost
depend upon that compatibility.

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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 specifica-
tions 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 manufactur-

ers 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.

(*) 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).’