Commission Decision of 23 December 2005 concerning the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ of the trans-European conventional rail system (notified under document number C(2005) 5666) (Text with EEA relevance) (2006/66/EC) (repealed)

Article 1

The Technical Specification for Interoperability (hereinafter referred to as the TSI) relating to the subsystem ‘noise’ of the trans-European conventional rail system referred to in Article 6(1) of Directive 2001/16/EC shall be as set out in the Annex to this Decision.

The TSI shall be fully applicable to the rolling stock of the trans-European conventional rail system as defined in Annex I to Directive 2001/16/EC.

Article 2

The TSI shall comprise a two-step approach, as specified in Chapter 7 of the Annex. Without prejudice to the regular revision mechanism provided for in Chapter 7, the Commission shall deliver to the Committee set up by Article 21 of Directive 96/48/EC, no later than seven years after the date on which this Decision becomes applicable, a report and, if needed, a proposal for revising section 7.2 of the Annex.

Article 3

Where agreements contain requirement relating to noise emission limits, Member States shall notify them to the Commission within six months of the entry into force of this Decision. The types of agreements to be notified shall be:

(a)

national agreements between the Member States and railway undertakings or infrastructure managers, agreed on either a permanent or a temporary basis and necessitated by the very specific or local nature of the intended transport service;

(b)

bilateral or multilateral agreements between railway undertakings, infrastructure managers or safety authorities which deliver significant levels of local or regional interoperability;

(c)

international agreements between one or more Member States and at least one third country, or between railway undertakings or infrastructure managers of Member States and at least one railway undertaking or infrastructure manager of a third country which deliver significant levels of local or regional interoperability.

Article 4

The provisions of Decision 2004/446/EC concerning the basic parameters of the trans-European conventional rail system shall no longer apply as from the date on which this Decision becomes applicable.

Article 5

This Decision shall become applicable six months after the date of its notification.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 23 December 2005.

For the Commission

Jacques Barrot

Vice-President