(Utkast) Kommisjonens gjennomføringsforordning om den tekniske spesifikasjonen for samtrafikkevne med hensyn til delsystemet «Drift og trafikkstyring» i Den europeiske unions jernbanesystem, og om oppheving av beslutning 2012/757/EU
(Draft) Commission Implementing Regulation on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU
Utkast til kommisjonsforordning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 13.4.2019
BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)
(1) Article 11 of Commission Delegated Decision (EU) 2017/1474 sets out the specific objectives for drafting, adoption and review of technical specifications for interoperability (TSIs) of the rail system within the Union.
(2) Pursuant to points (b) and (f) of Article 3(5) of Decision (EU) 2017/1474 TSIs are to be reviewed in order to take into account the developments of the Union railway system related research and innovation activities, and update references to standards.
(3) Pursuant to point (c) of Article 3(5) of Decision (EU) 2017/1474 TSIs should be reviewed in order to close the remaining open points. In particular, the scope of the open points for operations is to be defined and a distinction is to be made between national applicable rules and rules requiring harmonisation through Union law in order to allow for migration to an interoperable system defining the optimal level of technical harmonisation.
(4) On 22 September 2017, in accordance with Article 19(1) of Regulation (EU) No 2016/796 of the European Parliament and of the Council , the Commission requested the European Union Agency for Railways (the 'Agency') to prepare recommendations implementing a selection of the specific objectives set out in Decision (EU) 2017/1474.
(5) On 25 October 2018, the Agency issued the recommendation ERA-REC-125 as regards the technical specification for interoperability (TSI) relating to the operation and traffic management subsystem of Union rail system, covering paragraphs 1 to 6 of Article 11 of Commission Delegated Decision (EU) 2017/1474.
(6) Decision 2012/757/EU has been amended on several occasions. In order to ensure the readability and the legal certainty, it is advisable to repeal it and replace it by this Regulation.
(7) Commission Decision 2012/757/EU should thus be repealed.
(8) This Regulation should provide the implementation dates for the different requirements of the TSI relating to the ‘operation and traffic management’ subsystem of Union rail system. The implementation dates should take into account that certain Member States have notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797 and certain Member States that have not.
(9) The changes of process and responsibilities brought by Article 23 of Directive (EU) 2016/797 and by section 18.104.22.168 and appendix D1 of the Annex to this Regulation should be managed by the railway undertakings and where appropriate the infrastructure managers, through their respective safety management system. Moreover, railway undertakings should apply for an update of their safety certificates in accordance with Article 10(13) of Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 , if due to Article 23 the type or the extent of its operations are substantially altered, or a safety certification body so requires in accordance with Article 10(15) of Directive (EU) 2016/798.
(10) If Member States trigger the deficiency procedure in accordance with Article 6 of (EU) 2016/797, the Commission and the Agency, where appropriate, should act in a timely manner to rectify the situation and issue an opinion constituting an acceptable means of compliance or correct this Regulation.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 51(1) of Directive (EU) 2016/797