COMMISSION DECISION of 29 April 2004 modifying Annex A to Decision 2002/731/EC of 30 May 2002 and establishing the main characteristics of Class A system (ERTMS) of the control-command and signalling subsystem of the trans-European conventional rail system referred to in Directive 2001/16/EC of the European Parliament and of the Council (notified under document number C(2004) 1559) (Text with EEA relevance) (2004/447/EC)

[X1 COMMISSION DECISION

of 29 April 2004

modifying Annex A to Decision 2002/731/EC of 30 May 2002 and establishing the main characteristics of Class A system (ERTMS) of the control-command and signalling subsystem of the trans-European conventional rail system referred to in Directive 2001/16/EC of the European Parliament and of the Council

(notified under document number C(2004) 1559)

(Text with EEA relevance)

(2004/447/EC)]

[X1 THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (1) , and in particular Article 6(2) thereof,

Having regard to Directive 2001/16/EC of 19 March 2001 on the interoperability of the trans-European conventional rail system (2) , and in particular Article 6(1) thereof,

Whereas:

(1) This Decision refers to infrastructure and rolling stock equipment which are subject to Directives 96/48/EC and Directives 2001/16/EC and are to be placed in service after the date on which this Decision takes effect.

(2) The first objective of this Decision is to guide the technical choices made by authorities responsible for planning, constructing, renewing, upgrading and operating the abovementioned infrastructure and rolling stock.

(3) The second objective of this Decision is to update the Annex A of the Commission Decision 2002/731/EC of 30 May 2002 concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high-speed rail system referred to in Article 6(1) of Council Directive 96/49/EC (3) .

(4) The third objective of this Decision is to establish a definitive reference of the set of specifications that are to be considered in the context of the control-command and signalling subsystem of the trans-European conventional rail system referred to in Article 6(1) of Directive 2001/16/EC. It does not preclude the need to validate and, if necessary, further amend, update or modify these parameters in the corresponding TSI (TSI CCS-CR), which shall be adopted in accordance with Directive 2001/16/EC. These parameters may also be updated as part of the review of the TSIs provided for in this Directive and considering the opinion expressed in the change control management procedure as provided for in the TSI CCS-HS.

(5) In accordance with Article 2(c) of Directive 96/48/EC, the trans-European high-speed rail system is subdivided into structural or functional subsystems. Each of the subsystems is to be covered by a technical specification for interoperability (TSI).

(6) Decision 2002/731/EC has set up the TSI relating to the control-command and signalling subsystem of the trans-European high speed rail system (TSI CCS-HS).

(7) The Committee set up under Article 21 of Directive 96/48/EC (hereafter the Committee) has appointed the European Association for Railway Interoperability (hereafter the AEIF) as the joint representative body.

(8) The joint representative body shall be responsible for preparing the review and updating of TSIs and making recommendations to the Committee referred to in Article 21 in order to take account of developments in technology or social requirements.

(9) The AEIF has been given a mandate to review the TSI CCS-HS.

(10) As a result of technological evolution as well as of the feedback of the first set of field applications, a major update of the set of specifications included in Annex A of the above mentioned TSI CCS-HS is deemed required. The AEIF has drawn up the draft of the revised Annex A to the TSI CCS-HS.

(11) The draft revised Annex A has been examined by the representatives of the Member States, in the framework of the Committee.

(12) In accordance with Article 2(c) of Directive 2001/16/EC, the trans-European conventional rail system is subdivided into structural or functional subsystems. Each of the subsystems is to be covered by a technical specification for interoperability (TSI).

(13) As a first step, draft TSIs have to be drawn up by the joint representative body under a mandate from the Commission in accordance with the procedure set out in Article 21(2) to the Directive.

(14) The Committee set up under Article 21 of Directive 2001/16/EC (hereafter the Committee) has appointed the European Association for Railway Interoperability (hereafter the AEIF) as the joint representative body.

(15) The AEIF has been given a mandate to draw up a draft TSI for the control-command and signalling subsystem of the trans-European conventional rail system (TSI CCS-CR).

(16) However, in accordance with Article 6(4) of Directive 2001/16/EC, the first stage in developing the abovementioned TSI is to establish the characteristics of its basic parameters.

(17) In accordance with the abovementioned mandate the AEIF has already drafted a complete TSI for the command-control and signalling subsystem of the trans-European conventional rail system (TSI CCS-CR). This TSI will be adopted once the cost-benefit analysis foreseen by Directive 2001/16/EC are developed and after consultation of users organisations and social partners.

(18) The multiplication of ERTMS-related projects for conventional applications both within the European Union and in the accessing countries does press for a reference for conventional rail to emerge. Most of these projects evolve nowadays based on a loose compliance with the current TSI CCS-HS, a situation that could potentially lead to yet another non-interoperable legacy at European level then rooted on different national flavours of ERTMS.

(19) The extension of the high-speed parameters to conventional rail is clearly justified by both market and operational reasons. They range from the scale-effects associated to a uniqueness of solutions between high-speed and conventional rail, to the fulfilment of the operational needs of high-speed trains when they are bound to use the conventional network.

(20) A unique solution for both high-speed and conventional rail is a pivotal concept underpinning ERTMS that has commanded a strong support within the railway sector at large — both by the supply industry and by the railway companies alike.

(21) The revised reference basic parameters for the TSI CCS-HS should therefore be also adopted as the reference basic parameters for the Class A system of the TSI CCS-CR.

(22) The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Directive 96/48/EC,

HAS ADOPTED THIS DECISION:]

Editorial Information

X1 Substituted by Corrigendum to Commission Decision 2004/447/EC of 29 April 2004 modifying Annex A to Decision 2002/731/EC of 30 May 2002 and establishing the main characteristics of Class A system (ERTMS) of the control-command and signalling subsystem of the trans-European conventional rail system referred to in Directive 2001/16/EC of the European Parliament and of the Council (Official Journal of the European Union L 155 of 30 April 2004).

(1)

[X1 OJ L 235, 17.9.1996, p. 6 .]

(2)

[X1 OJ L 110, 20.4.2001, p. 1 .]

(3)

[X1 OJ L 245, 12.9.2002, p. 37 .]

Editorial Information

X1 Substituted by Corrigendum to Commission Decision 2004/447/EC of 29 April 2004 modifying Annex A to Decision 2002/731/EC of 30 May 2002 and establishing the main characteristics of Class A system (ERTMS) of the control-command and signalling subsystem of the trans-European conventional rail system referred to in Directive 2001/16/EC of the European Parliament and of the Council (Official Journal of the European Union L 155 of 30 April 2004).