Commission Decision of 23 July 2012 amending Decisions 2002/731/EC, 2002/732/EC, 2002/733/EC, 2002/735/EC and 2006/66/EC and repealing Decision 2002/730/EC concerning technical specifications for interoperability (notified under document C(2012) 4982) (Text with EEA relevance) (2012/462/EU)

Commission Decision

of 23 July 2012

amending Decisions 2002/731/EC, 2002/732/EC, 2002/733/EC, 2002/735/EC and 2006/66/EC and repealing Decision 2002/730/EC concerning technical specifications for interoperability

(notified under document C(2012) 4982)

(Text with EEA relevance)

(2012/462/EU)

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) Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation)(2) requires the European Railway Agency (hereinafter referred to as ‘the Agency’) to ensure that the technical specifications for interoperability (hereinafter referred to as ‘TSIs’) are adapted to technical progress and market trends and to the social requirements and to propose to the Commission the amendments to the TSIs which it considers necessary.

(2) By Decision C(2007) 3371 of 13 July 2007, the Commission gave a framework mandate to the Agency to perform certain activities under Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system(3) and Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system(4). Under the terms of that framework mandate, the Agency was requested to revise the TSIs on high-speed rolling stock, freight wagons, locomotives and passenger rolling stock, noise, infrastructure, energy, control-command and signalling, operation and traffic management, telematic applications for freight and passenger services, safety on railway tunnels and accessibility to persons with reduced mobility.

(3) On 31 March 2011, the Agency issued a recommendation on the specification of the register of infrastructure, the procedure of demonstrating the level of compliance with the basic parameters of the TSIs for existing lines, and subsequent amendments to TSIs (ERA/REC/04-2011/INT).

(4) On 9 June 2011, the Committee established in accordance with Article 29(1) of Directive 2008/57/EC gave a positive opinion on the draft Commission Implementing Decision on the European register of authorised types of railway vehicles and on the draft Commission Implementing Decision on the common specifications of the register of railway infrastructure. Following the adoption of the two Commission acts based on these drafts, namely Commission Implementing Decision 2011/633/EU of 15 September 2011 on the common specifications of the register of railway infrastructure(5) and Commission Implementing Decision 2011/665/EU of 4 October 2011 on the European register of authorised types of railway vehicles(6), the relevant TSIs need to be updated to ensure global consistency.

(5) For practical reasons, it is preferable to amend a series of TSIs by a single Commission Decision to implement particular corrections and updates in the legal texts. These corrections and updates are not arising from a global revision of the TSIs or from the extension of their geographical scope.

(6) It is therefore necessary to amend the following Decisions:

• 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 96/48/EC(7),

• Commission Decision 2002/732/EC of 30 May 2002 concerning the technical specification for interoperability relating to the infrastructure subsystem of the trans-European high-speed rail system referred to in Article 6(1) of Council Directive 96/48/EC(8),

• Commission Decision 2002/733/EC of 30 May 2002 concerning the technical specification for interoperability relating to the energy subsystem of the trans-European high-speed rail system referred to in Article 6(1) of Directive 96/48/EC(9),

• Commission Decision 2002/735/EC of 30 May 2002 concerning the technical specification for interoperability relating to the rolling stock subsystem of the trans-European high-speed rail system referred to in Article 6(1) of Directive 96/48/EC(10),

• Commission Decision 2006/66/EC of 23 December 2005 concerning the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ of the trans-European conventional rail system(11).

(7) Decision 2002/731/EC was repealed by Commission Decision 2006/860/EC of 7 November 2006 concerning a technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high speed rail system and modifying Annex A to Decision 2006/679/EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system(12). Decision 2002/732/EC was repealed by Commission Decision 2008/217/EC of 20 December 2007 concerning a technical specification for interoperability relating to the ‘infrastructure’ sub-system of the trans-European high-speed rail system(13). Decision 2002/733/EC was repealed by Commission Decision 2008/284/EC of 6 March 2008 concerning a technical specification for interoperability relating to the ‘energy’ sub-system of the trans-European high-speed rail system(14). Decision 2002/735/EC was repealed by Commission Decision 2008/232/EC of 21 February 2008 concerning a technical specification for interoperability relating to the ‘rolling stock’ sub-system of the trans-European high-speed rail system(15). Decision 2006/66/EC was repealed by Commission Decision 2011/229/EU of 4 April 2011 concerning the technical specifications of interoperability relating to the subsystem ‘rolling stock – noise’ of the trans-European conventional rail system(16).

(8) However Decisions 2006/860/EC, 2008/217/EC, 2008/232/EC, 2008/284/EC and 2011/229/EU contain transitional provisions on the application of the Decisions they repeal in relation to the maintenance of projects authorised in accordance with the TSI annexed to those Decisions and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the respective date of notification of Decisions 2006/860/EC, Decision 2008/217/EC, Decision 2008/232/EC, Decision 2008/284/EC and Decision 2011/229/EU. Therefore Decisions 2002/731/EC, 2002/732/EC, 2002/733/EC, 2002/735/EC and 2006/66/EC should nevertheless be amended accordingly.

(9) The Committee established in accordance with Article 29(1) of Directive 2008/57/EC agreed in its session of 22 and 23 April 2004 to delete the TSI for Maintenance set out in Commission Decision 2002/730/EC(17), transferring its contents into the other TSIs. Subsequently, the revised high-speed TSIs published in 2006 incorporated the content of Decision 2002/730/EC, which should therefore be repealed, in the interest of clarity.

(10) The measures provided for in this Decision are in conformity with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,

HAS ADOPTED THIS DECISION:

(1)

OJ L 191, 18.7.2008, p. 1.

(2)

OJ L 164, 30.4.2004, p. 1.

(3)

OJ L 235, 17.9.1996, p. 6.

(4)

OJ L 110, 20.4.2001, p. 1.

(5)

OJ L 256, 1.10.2011, p. 1.

(6)

OJ L 264, 8.10.2011, p. 32.

(7)

OJ L 245, 12.9.2002, p. 37.

(8)

OJ L 245, 12.9.2002, p. 143.

(9)

OJ L 245, 12.9.2002, p. 280.

(10)

OJ L 245, 12.9.2002, p. 402.

(11)

OJ L 37, 8.2.2006, p. 1.

(12)

OJ L 342, 7.12.2006, p. 1.

(13)

OJ L 77, 19.3.2008, p. 1.

(14)

OJ L 104, 14.4.2008, p. 1.

(15)

OJ L 84, 26.3.2008, p. 132.

(16)

OJ L 99, 13.4.2011, p. 1.

(17)

OJ L 245, 12.9.2002, p. 1.