Commission Implementing Regulation (EU) 2017/6Show full title

Commission Implementing Regulation (EU) 2017/6

of 5 January 2017

on the European Rail Traffic Management System European deployment plan

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU(1), and in particular Article 47(2) thereof,

Whereas:

(1) The aim of the European Rail Traffic Management System (ERTMS) European deployment plan is to ensure that vehicles referred to in point 1.1 of the Annex to Commission Regulation (EU) 2016/919(2) equipped with ERTMS can gradually have access to an increasing number of lines, ports, terminals and marshalling yards without needing Class B systems in addition to ERTMS. The ERTMS European deployment plan established in the Commission Decision 2012/88/EU(3) should be adapted in order to take into account the state of ERTMS deployment made by the Member States, and to align it with the requirements of Article 39(2) of Regulation (EU) No 1315/2013 and with the definition of core network corridors provided for in Article 2(14) of Regulation (EU) No 1316/2013 of the European Parliament and of the Council(4). This plan in combination with the National Implementation Plan as referred to in point 7.4.4 of the Annex to Regulation (EU) 2016/919 should give sufficient visibility to the vehicles owners to allow appropriate business planning.

(2) A deployment plan for the core network corridors should include stations, junctions, access to core maritime ports and inland ports, airports, rail/road terminals and infrastructure components as referred to in Article 11 of Regulation (EU) No 1315/2013 as they are essential to achieve interoperability in the European railway network.

(3) Full compliance with Regulation (EU) 2016/919 is a critical prerequisite for ERTMS deployment. Member States have not yet reached this objective, in particular because they introduced national or project specific solutions.

(4) For new ERTMS track-side deployment, Member States should use the most recent set of specifications, referred to in Annex A to Regulation (EU) 2016/919, which corrects errors and misinterpretations of the previous baseline, leads to simpler technical solutions and ensures compatibility with Baseline 3 on-board units.

(5) Trackside implementation rules are complementary to the on-board implementation rules laid down in the Regulation (EU) 2016/919; therefore it is necessary to align the ERTMS European Deployment Plan with the technical specifications for interoperability relating to the control command and signalling subsystems set out in that Regulation.

(6) ERTMS deployment at cross-border sections can be technically challenging and therefore should be the subject of priority intervention by the Union, the Member States and the infrastructure managers concerned. Rail freight corridors within the meaning in Regulation (EU) No 913/2010 of the European Parliament and of the Council(5) could also play a crucial role in ERTMS deployment on cross-border sections, in particular by implementing coordinated solutions.

(7) As synchronisation of cross-border deployment is an important element for the railway undertakings' business cases, the infrastructure managers concerned should sign an agreement ensuring coordination of deployment dates and technical solutions. In case of a disagreement, the Commission can provide support in identifying solutions.

(8) In order to follow the progress of ERTMS deployment on the core network corridors, Member States should notify to the Commission the timely implementation of their sections by means of the TENtec system and the European Register of Infrastructure. Postponement of the relevant dates can be granted at the Member State's request and only in exceptional circumstances.

(9) The revision of Regulation (EU) No 1316/2013 could have consequences on the alignment of the core network corridors. This Regulation should be reviewed accordingly. This Regulation sets out implementation dates of those corridor sections where ERTMS can be put into operation by 2023 at the latest. All dates beyond 2023 will be subject to review by 31 December 2023 in relation to the time horizon defined in Regulation (EU) No 1315/2013 with the objective of a realistic implementation timeline and to identify possibilities for earlier implementation dates.

(10) As of the date of application of this Regulation, which is an implementing act within the meaning of Article 13 of Regulation (EU) 2016/919, points 7.3.1, 7.3.2, 7.3.2.1, 7.3.2.2, 7.3.2.4, 7.3.2.5, 7.3.2.6, 7.3.4 and 7.3.5 of Annex III to Decision 2012/88/EU will cease to apply. However, point 7.3.2.3 should not be covered by this Regulation, because it is beyond the scope of its legal basis. Therefore point 7.3.2.3 of Annex III to Decision 2012/88/EU should continue to apply until the adoption of another implementing act.

(11) Regarding high-speed lines located on the core network corridors covered by this Regulation, if one of the conditions laid down in point 7.3.2.3 in Annex III to Decision 2012/88/EU is fulfilled before the date specified for the same section in Annex I, the railway infrastructure managers should fit ERTMS trackside on that section in accordance with that provision.

(12) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 52 of Regulation (EU) No 1315/2013,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 348, 20.12.2013, p. 1.

(2)

Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the 'control-command and signalling' subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).

(3)

Commission Decision 2012/88/EU of 25 January 2012 on the technical specification for interoperability relating to the control-command and signalling subsystems (OJ L 51, 23.2.2012, p. 1).

(4)

Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).

(5)

Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight (OJ L 276, 20.10.2010, p. 22).