Commission Regulation (EU) No 328/2012 of 17 April 2012 amending Regulation (EC) No 62/2006 concerning the technical specification for interoperability relating to the telematic applications for freight subsystem of the trans-European conventional rail system  Text with EEA relevance

18.4.2012 EN Official Journal of the European Union L 106/14
COMMISSION REGULATION (EU) No 328/2012
of 17 April 2012
amending Regulation (EC) No 62/2006 concerning the technical specification for interoperability relating to the telematic applications for freight subsystem of the trans-European conventional rail system
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
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 6(1) thereof,
Whereas:
(1) The Commission has received the recommendation of the European Railway Agency ERA/REC/06-2011/INT of 12 May 2011.
(2) Each technical specification for interoperability (TSI) should indicate the strategy for implementing the TSI and 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. The strategy to implement the telematic applications for freight services (TAF) TSI should not only rely on compliance of subsystems with the TSI but it should also be based on a coordinated implementation.
(3) Commission Regulation (EC) No 62/2006 of 23 December 2005 concerning the technical specification for interoperability relating to the telematic applications for freight subsystem of the trans-European conventional rail system (2) should be aligned with Chapter 7 of Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specifications for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system (3) where relevant.
(4) In accordance with Article 3 of Regulation (EC) No 62/2006, the representative bodies of the European railway sector have sent a Strategic European Deployment Plan (SEDP) for the implementation of the Telematics Applications for Freight to the European Commission. This work should be taken into account by modifying Annex A to the Annex. Annex A refers to the detailed specifications that are the basis for the development of the TAF system. These documents need to be put under a change management process. Through this process, the Agency should update these documents in order to clarify what the baseline is for the implementation.
(5) The individual schedules of the SEDP submitted in 2007 are outdated. Railway undertakings, infrastructures managers and wagon keepers should therefore submit to the Commission through the Steering Committee their detailed schedules indicating the intermediate steps, deliverables and dates for the implementation of the individual TAF TSI functions. Any divergence from schedules of the SEDP should be duly justified with the mitigating measures undertaken to limit further delays. This work should be based on the assumption that change requests processed in accordance with Section 7.2.2 of the Annex would be validated.
(6) There is a need to inform all addressees of their obligations in this Regulation, in particular small freight operators which are not members of the representative bodies of the European railway sector.
(7) Regulation (EC) No 62/2006 should therefore be amended accordingly.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,