Commission Directive 2009/131/EC of 16 October 2009 amending Annex VII to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (Text with EEA relevance)

17.10.2009 EN Official Journal of the European Union L 273/12
COMMISSION DIRECTIVE 2009/131/EC
of 16 October 2009
amending Annex VII to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 27(4) thereof,
Having regard to the Agency’s recommendation No ERA/REC/XA/01-2009 of 17 April 2009,
Whereas:
(1) Article 9b(2) of Regulation (EC) No 881/2004 of the European Parliament and of the Council (2) requires the European Railway Agency (hereinafter ‘the Agency’) to review, by 19 January 2009, the list of parameters in Section 1 of Annex VII to Directive 2008/57/EC and to make the recommendations it considers appropriate to the Commission.
(2) As the current Section 1 of Annex VII of Directive 2008/57/EC contains items that are not parameters of vehicles, such items should be removed.
(3) Section 1 of the said Annex also contains parameters that primarily relate only to the rolling stock subsystem part of a vehicle. It is necessary for all the parameters of a vehicle that are to be checked in connection with the authorisation for placing in service and the classification of national rules to be covered by the list of parameters. Therefore parameters of other subsystems that are part of the vehicle should be included.
(4) Directive 2008/57/EC should therefore be amended accordingly.
(5) The measures provided for in this Directive are in accordance with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,