2011/291/EU: Commission Decision of 26 April 2011 concerning a technical specification for interoperability relating to the rolling stock subsystem — ‘Locomotives and passenger rolling stock’ of the trans-European conventional rail system (notified under document C(2011) 2737) Text with EEA relevance

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 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. In accordance with Article 2(e) and Annex II of Directive 2008/57/EC, the rail system is subdivided into structural and functional subsystems, including a rolling stock subsystem.

2. By Decision C(2006) 124 final of 9 February 2007, the Commission gave a mandate to the European Railway Agency (hereinafter ‘the Agency’) to develop technical specifications for interoperability (TSIs) under 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⁽²⁾. Under the terms of that mandate, the Agency was requested to draw up the draft TSIs related to passenger carriages and locomotives and traction units, related to the rolling stock subsystem of the conventional rail system.

3. Technical specifications for interoperability (TSIs) are specifications adopted in accordance with Directive 2008/57/EC. The TSI to be set up by this Decision should cover the rolling stock subsystem in order to meet the essential requirements and ensure the interoperability of the rail system.

4. The TSI on rolling stock to be set up by this Decision does not fully deal with all essential requirements. In accordance with Article 5(6) of Directive 2008/57/EC, technical aspects which are not covered should be identified as open points.

5. The TSI on rolling stock should refer to Commission Decision 2010/713/EU of 9 November 2010 on modules for the procedures for assessment of conformity, suitability for use and EC verification to be used in the technical specifications for interoperability adopted under Directive 2008/57/EC of the European Parliament and of the Council⁽³⁾.

6. In accordance with Article 17(3) of Directive 2008/57/EC, Member States are to notify to the Commission and other Member States the technical rules, the conformity assessment and verification procedures to be used for the specific cases, as well as the bodies responsible for carrying out these procedures.

7. Commission Decision 2008/163/EC of 20 December 2007 concerning the technical specification of interoperability relating to ‘safety in railway tunnels’ in the trans-European conventional and high-speed rail system⁽⁴⁾, includes in its scope some requirements of the rolling stock running in the conventional rail system. Therefore Decision 2008/163/EC should be amended

8. The TSI on rolling stock should be without prejudice to the provisions of other relevant TSIs which may be applicable to rolling stock subsystems.

9. The TSI on rolling stock should not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the rail system within the European Union.

10. In accordance with Article 11(5) of Directive 2008/57/EC, the TSI on rolling stock should allow, for a limited period of time, for interoperability constituents to be incorporated into subsystems without certification if certain conditions are met.

11. To continue to encourage innovation and to take into account the experience acquired, this Decision should be subject to periodic revision.

12. 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⁽⁵⁾,

HAS ADOPTED THIS DECISION: