Commission Decision 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 (notified under document number C(2008) 648) (Text with EEA relevance) (2008/232/CE)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

1. In accordance with Article 2(c) and Annex II of Directive 96/48/EC, the trans-European high speed rail system is subdivided into structural and functional subsystems, including a rolling stock subsystem.

2. Commission Decision 2002/735/EC⁽²⁾ established the first technical specification for interoperability (TSI) concerning the trans-European high speed rolling stock sub-system.

3. It is necessary to review that first TSI in light of technical progress and experience gained from its implementation.

4. The AEIF, as joint representative body, had been given a mandate to review and revise that first TSI. Decision 2002/735/EC should therefore be replaced by this Decision.

5. The draft revised TSI has been examined by the Committee set up by Directive 96/48/EC

6. This TSI should apply to new or upgraded and renewed rolling stock, under certain conditions.

7. This TSI is without prejudice to the provisions of other relevant TSIs which may be applicable to rolling stock subsystems.

8. The first TSI concerning the ‘rolling stock’ sub-system, came into force in 2002. Due to existing contractual commitments, new rolling stock sub-systems or interoperability constituents, or their renewal and upgrade should fall under conformity assessment under the provisions of this first TSI. Further, the first TSI should remain applicable for the purposes of maintenance, maintenance related replacements for components of the subsystem and interoperability constituents authorised under the first TSI. Therefore, the effects of Decision 2002/735/EC should be maintained in force in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision 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 date of notification of the present Decision. In order to determine the difference in scope of applicability of the first TSI, from the new TSI which is in annex to the present Decision, Member States shall notify, not later than six months after the date on which the present Decision becomes applicable, a list of the sub-systems and interoperability constituents to which the first TSI is still applicable.

9. This TSI does not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the trans-European high speed rail system.

10. This TSI allows, for a limited period of time, for interoperability constituents to be incorporated into sub-systems without certification if certain conditions are met.

11. In its current version this TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 96/48/EC technical aspects which are not covered are identified as ‘Open Points’ in Annex L of this TSI. In accordance with Article 16(3) of Directive 96/48/EC, Member States shall notify to the Commission and other Member States a list of their national technical rules relating to the ‘Open Points’ and the procedures to be used for their conformity assessment.

12. In relation to the specific cases described in Chapter 7 of this TSI, Member States shall notify to the Commission and other Member States the conformity assessment procedures to be used.

13. 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. To this end, it is necessary that the Commission examine those agreements in order to determine whether the TSI presented in this Decision needs to be revised accordingly.

14. The TSI is based on best available expert knowledge at the time of preparation of the relevant draft. To continue to encourage innovation and to take into account the experience acquired, the attached TSI should be subject to periodic revision.

15. This TSI allows for innovative solutions. Where these are proposed the manufacturer or the contracting entity shall state the deviation from the relevant section of the TSI. The European Rail Agency will finalise the appropriate functional and interface specifications of the solution and develop the assessment methods.

16. The provisions of this Decision are in conformity with the opinion of the Committee set up by Article 21 of Council Directive 96/48/EC,

HAS ADOPTED THIS DECISION: