(Utkast) Kommisjonens gjennomføringsforordning om endring av gjennomføringsforordning (EU) 2019/773 med hensyn til utfasing av spesielle sluttsignaler
(Draft) Commission Implementing Regulation amending Implementing Regulation (EU) 2019/773 as regards the phasing out of specific cases for rear end signal
Utkast til kommisjonsforordning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 1.12.2021
BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)
(1) Point 18.104.22.168.3.2 of the Annex to Commission Implementing Regulation (EU) 2019/773 sets out deadlines after which national authorities in all Member States without exception must accept all freight trains equipped with a rear end signal in the form of two reflective plates, and must cease to require any other type of rear end signal for freight trains.
(2) Point 22.214.171.124.3.2 outlines the specific cases of several Members States, including Belgium, France, Portugal and Spain, which were authorised to apply notified national rules that require freight trains to be equipped with two steady red lights as a condition to run on sections of their network. Those specific cases should be phased out.
(3) To ensure that Member States are taking all necessary measures to enable full harmonisation of rear end signals on freight trains at Union level by 1 January 2026, they should report periodically on the implementation of the proposed mitigation measures and take urgent action if deviations from the envisaged plan are identified.
(4) Belgium, France, Portugal and Spain submitted reports to the Commission on their use of reflective plates, identifying serious obstacles to the planned elimination by 1 January 2022 of national rules along the rail freight corridors specified in accordance with Regulation (EU) No 913/2010 of the European Parliament and of the Council .
(5) The European Union Agency for Railways submitted, on 29 June 2021, the recommendation ’REC TSI OPE 422132’ proposing the amendment of point 126.96.36.199.3.2 of the Annex to Regulation (EU) 2019/773. The Commission, on the basis of this recommendation and taking into account the findings in the reports delivered by Member States, reviewed the dates of harmonisation of reflective plates in the Union. The Commission also concluded that at this moment a revision of the specification set under Appendix E of Regulation (EU) No 321/2013 is not required. The Commission gave due consideration to safety and capacity concerns, as well as the cost impact of the transition to harmonisation of the use of reflective plates.
(6) As a result of the findings in the reports delivered by Belgium, France, Portugal and Spain, and of the review of those findings by the Commission, the deadline of 1 January 2022 for accepting freight trains equipped with 2 reflective plates along the rail freight corridors specified in accordance with Regulation (EU) No 913/2010 should be postponed for those Member States.
(7) This decision is without prejudice of the ongoing work at the European Union Agency for Railways with a view to further harmonisation of the rear end signal and of the possible future review of Appendix E of Regulation (EU) No 321/2013, which the Commission may adopt bearing in mind the effect on safety, capacity and cost.
(8) 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