http://www.legislation.gov.uk/id/eudn/2012/757

concerning the technical specification for interoperability relating to the ‘operation and traffic management’ subsystem of the rail system in the European Union and amending Decision 2007/756/EC

(notified under document C(2012) 8075)

(Text with EEA relevance)

(2012/757/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 Community1, 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 (the Agency) to ensure that the technical specifications for interoperability (TSIs) are adapted to technical progress, market trends and social requirements and to propose to the Commission the amendments to the TSIs which it considers necessary.

(2)

By Decision C(2010) 2576 of 29 April 2010, the Commission gave the Agency a mandate to develop and review the technical specifications for interoperability with a view to extending their scope to the whole rail system in the Union. Under the terms of that mandate, the Agency was asked to merge and extend the scope of the high-speed TSI and the conventional rail TSI relating to the ‘Traffic Operation and Management’ subsystem. These TSIs were adopted respectively by Commission Decision 2008/231/EC3, and Commission Decision 2011/314/EU4.

(3)

On 5 September 2011, the Agency issued a recommendation on the merging of the TSI on operation and traffic management for conventional rail and the TSI on operation and traffic management for high-speed rail, the extension of the geographical scope of these TSIs and the transfer of details of the European vehicle number (EVN) to Commission Decision 2007/756/EC5.

(4)

Implementation of the TSI set out in Annex I, and conformity with the relevant points of that TSI, should be determined in accordance with an implementation plan that each Member State is required to update for the lines for which it is responsible.

(5)

Rail traffic currently operates under existing national, bilateral, multinational or international agreements. It is important that those agreements do not hinder current and future progress towards interoperability. Therefore a procedure of notification of these agreements by Member States should set up.

(6)

Railway vehicles are registered by the bodies that keep the national vehicle registers pursuant to Decision 2007/756/EC, based on Article 33 of Directive 2008/57/EC.

(7)

The format of the European vehicle number and the requirement to have it painted on the vehicle are both necessary for identifying the vehicle and should therefore remain in the TSI on operation and traffic management.

(8)

To make it easier to understand the national vehicle register and the vehicle registration processes, it is appropriate to transfer the details of the technical codes that are part of the European vehicle number to Decision 2007/756/EC. Decision 2007/756/EC should therefore be amended accordingly.

(9)

Via the Committee established in accordance with Article 29 of Directive 2008/57/EC, the Commission must inform the Member States of changes in the lists of codes published by the Agency.

(10)

Directive 2008/57/EC defines the ‘operation and traffic management’ subsystem as functional. Consequently, the TSI on operation and traffic management is not assessed when authorising a vehicle to be brought into service but when assessing the safety management systems of railway undertakings and infrastructure managers.

(11)

For the sake of clarity and simplicity, it is appropriate not to amend the transitional provisions set out in Articles 3, 5 and 7 of Decision 2011/314/EU.

(12)

Decisions 2008/231/EC and 2011/314/EU should be repealed.

(13)

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: