Commission Decision of 25 January 2012 on the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European rail system (notified under document C(2012) 172) (Text with EEA relevance) (2012/88/EU) (repealed)

Article 4

1. The Commission may grant a derogation to the obligation laid down in Section 7.3.2.4 of Annex III concerning the mandatory equipment of lines with the European Train Control System (ETCS) in the context of EU funded projects (Section 7.3.2.4), when signalling is renewed on short (less than 150 km) and discontinuous sections of a line and provided that ETCS is installed before the earlier of these two dates:

• 5 years after the end of the project,

• the time by which the section of the line is connected to another ETCS equipped line.

2. The Member State concerned shall forward a file concerning the project to the Commission. This file shall contain an economic analysis showing that there is a substantial economic and/or technical advantage in putting ERTMS into service at the earlier of the two dates mentioned in paragraph 1 rather than during the course of the EU-funded project.

3. The Commission shall examine the file sent to it and the measures proposed by the Member State and shall notify the results of its examination to the Committee referred to in Article 29 of Directive 2008/57/EC. If a derogation is granted, the Member State shall ensure that ERTMS is installed before the earlier of the two dates mentioned in paragraph 1.