Drift og trafikkstyring i det transeuropeiske jernbanesystemet: endringer til gjennomføringsbestemmelser
Kommisjonens gjennomføringsforordning (EU) 2023/1693 av 10. august 2023 om endring av gjennomføringsforordning (EU) 2019/773 om den tekniske spesifikasjonen for samtrafikkevne med hensyn til delsystemet «Drift og trafikkstyring» i Den europeiske unions jernbanesystem
Commission Implementing Regulation (EU) 2023/1693 of 10 August 2023 amending Implementing Regulation (EU) 2019/773 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union
Kommisjonsforordning publisert i EU-tidende 8.9.2023
Tidligere
Utkast til gjennomføringsforordning lagt fram av Kommisjonen 11.11.2022 med tilbakemeldingsfrist 9.12.2022
Utkast til gjennomføringsforordning lagt fram av Kommisjonen 11.11.2022 med tilbakemeldingsfrist 9.12.2022
Nærmere omtale
BAKGRUNN (fra kommisjonsforordningen)
(1) Commission Implementing Regulation (EU) 2019/773 lays down the technical specification for interoperability (TSI) relating to the operation and traffic management subsystem of Union rail system.
(2) In accordance with Article 3(5), points (b) and (f), of Commission Delegated Decision (EU) 2017/1474 TSIs must be reviewed in order to take into account the developments of the Union railway system and related research and innovation activities, and to update references to standards.
(3) Having regard to the role railways are expected to play in a decarbonised transport system, as envisaged in the European Green Deal, and in the light of developments in this field, notably in research and innovation, an extensive revision of the current TSIs is required, in particular with a view to digitalising the railways and making rail freight more attractive.
(4) On 24 January 2020, in accordance with Article 19(1) of Regulation (EU) 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 30 June 2022, the Agency issued the recommendation ERA 1175-1218 as regards the TSI relating to the operation and traffic management subsystem of the Union rail system. The Commission analysed the above recommendation and concluded that it is appropriate to amend Implementing Regulation (EU) 2019/773 to achieve greater harmonisation of rail operation in the Union.
(6) The amendments to Implementing Regulation (EU) 2019/773 aim in particular to (i) incorporate new requirements for a greater harmonisation of the operational rules of the European Rail Traffic Management System (ERTMS), (ii) add new requirements covering ERTMS trackside engineering information relevant to operation that the infrastructure manager is required to provide to railway undertakings, and (iii) introduce a new format for the European Instructions and feedback from the examination of national rules on safety and operation.
(7) In relation to the Future Railway Mobile Communication System (FRMCS) as successor to GSM-R, as it is not yet fully specified in Commission Implementing Regulation (EU) 2023/1695, this Regulation deals with Global System for Mobile Communications – Railway (GSM-R) as the only Railway Mobile Radio (RMR) system.
(8) Information exchange between infrastructure managers and railway undertakings relating to trains specifications and train operations newly defined in this Regulation should be further implemented in relevant provisions of TAF TSI and TAP TSI.
(9) In accordance with Article 14(1) of Directive (EU) 2016/797, Member States are to notify national rules made redundant following the revision of technical specifications for interoperability. In view of the amendments proposed, it is appropriate to set a clear deadline for such notification to avoid legal uncertainty.
(10) In accordance with the procedure laid down in Commission Implementing Regulation (EU) 2018/763, the infrastructure managers and the railway undertaking need to ensure compliance with the Annex to Implementing Regulation (EU) 2019/773.
(11) Implementing Regulation (EU) 2019/773 should therefore be amended accordingly.
(12) 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,
(1) Commission Implementing Regulation (EU) 2019/773 lays down the technical specification for interoperability (TSI) relating to the operation and traffic management subsystem of Union rail system.
(2) In accordance with Article 3(5), points (b) and (f), of Commission Delegated Decision (EU) 2017/1474 TSIs must be reviewed in order to take into account the developments of the Union railway system and related research and innovation activities, and to update references to standards.
(3) Having regard to the role railways are expected to play in a decarbonised transport system, as envisaged in the European Green Deal, and in the light of developments in this field, notably in research and innovation, an extensive revision of the current TSIs is required, in particular with a view to digitalising the railways and making rail freight more attractive.
(4) On 24 January 2020, in accordance with Article 19(1) of Regulation (EU) 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 30 June 2022, the Agency issued the recommendation ERA 1175-1218 as regards the TSI relating to the operation and traffic management subsystem of the Union rail system. The Commission analysed the above recommendation and concluded that it is appropriate to amend Implementing Regulation (EU) 2019/773 to achieve greater harmonisation of rail operation in the Union.
(6) The amendments to Implementing Regulation (EU) 2019/773 aim in particular to (i) incorporate new requirements for a greater harmonisation of the operational rules of the European Rail Traffic Management System (ERTMS), (ii) add new requirements covering ERTMS trackside engineering information relevant to operation that the infrastructure manager is required to provide to railway undertakings, and (iii) introduce a new format for the European Instructions and feedback from the examination of national rules on safety and operation.
(7) In relation to the Future Railway Mobile Communication System (FRMCS) as successor to GSM-R, as it is not yet fully specified in Commission Implementing Regulation (EU) 2023/1695, this Regulation deals with Global System for Mobile Communications – Railway (GSM-R) as the only Railway Mobile Radio (RMR) system.
(8) Information exchange between infrastructure managers and railway undertakings relating to trains specifications and train operations newly defined in this Regulation should be further implemented in relevant provisions of TAF TSI and TAP TSI.
(9) In accordance with Article 14(1) of Directive (EU) 2016/797, Member States are to notify national rules made redundant following the revision of technical specifications for interoperability. In view of the amendments proposed, it is appropriate to set a clear deadline for such notification to avoid legal uncertainty.
(10) In accordance with the procedure laid down in Commission Implementing Regulation (EU) 2018/763, the infrastructure managers and the railway undertaking need to ensure compliance with the Annex to Implementing Regulation (EU) 2019/773.
(11) Implementing Regulation (EU) 2019/773 should therefore be amended accordingly.
(12) 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,