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(5) The individual schedules of the SEDP submitted in 2007 are outdated.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,
The following Articles 4a, 4b and 4c shall be inserted to Regulation (EC) No 62/2006:
‘Article 4a
1.   Railway undertakings, infrastructures managers and wagon keepers shall develop and deploy the computerised system in accordance with the provisions of Chapter 7 of the Annex to this Regulation, and in particular in accordance with the functional requirement specifications and with the master plan referred to in Section 7.1.2.
2.   Railway undertakings, infrastructures managers and wagon keepers shall submit to the Commission through the Steering Committee referred to in Section 7.1.4 of the Annex not later than 13 May 2012 the master plan referred to in Section 7.1.2 based on their detailed schedules indicating the intermediate steps, deliverables and dates for the implementation of the individual TAF TSI functions.
3.   They shall report on their progress to the Commission through the Steering Committee referred to in Section 7.1.4 of the Annex following the provisions of Chapter 7 of the Annex to this Regulation.
b
1.   The Agency shall publish the master plan referred to in Section 7.1.2, and keep it up to date.
2.   The Agency shall update the documents referred to in Annex A on the basis of change requests that are validated before 13 May 2012 in accordance with the change management process described in Section 7.2.2. The Agency shall submit a recommendation to the Commission by 13 October 2012 on the update of Annex A which sets the baseline for implementation.
3.   The Agency shall assess the implementation of TAF with a view to determining whether the objectives pursued and deadlines have been achieved.
c
Member States shall ensure that all railway undertakings, infrastructure managers, wagon keepers established on their territory are informed of this Regulation and shall designate a national contact point for the follow-up of its implementation.’
The Annex to Regulation (EC) No 62/2006 shall be amended as follows:
(1) Sections 7.1, 7.2 and 7.3 are replaced by the text set out in Annex I to this Regulation.
(2) Annex A is replaced by the text set out in Annex II to this Regulation.
(3) In Section 2.3.1, in the paragraph starting with ‘some specific service providers…’, the text ‘(see also Annex A index 6)’ is deleted.
(4) In Sections 4.2, 4.2.3.1, 4.2.4.1, 4.2.8.1, the reference to ‘index 1’ is replaced by a reference to ‘Appendix F’.
(5) In Section 4.2.1.1, the sentence
(6) In Section 4.2.1.2, the sentences
(7) In Section 4.2.2.1, ‘index 4’ is replaced by ‘Appendix F’, and ‘index 1’ is replaced by ‘Appendix F’.
(8) In Section 4.2.11.2, ‘index 2’ is replaced by ‘Appendices D and F’.
(9) In Section 4.2.11.3, ‘index 2’ is replaced by ‘Appendices A, B, F and Annex 1 to Appendix B’.
(10) In Section 6.2, ‘index 1’ is replaced by ‘Appendices E and F’.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.