COMMISSION IMPLEMENTING DECISION
of 15 September 2011
on the common specifications of the register of railway infrastructure
(notified under document C(2011) 6383)
(Text with EEA relevance)
(2011/633/EU)
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 of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 35(2) thereof,
Whereas:
(1)
According to Article 35 of Directive 2008/57/EC, each Member State should ensure that a register of infrastructure is published and updated. The Commission should adopt specifications on the register on the basis of a draft prepared by the European Railway Agency (the Agency).
(2)
Complementary common specifications are needed to make data of the registers easily accessible across several Member States. The development and deployment of a computerised common user interface acting as a virtual register of railway infrastructure at European level should be done together with the setting-up of national registers of infrastructure and the collection of data. Member States, with the help of the Agency, should cooperate to ensure that the registers are operational, contain all the data, are interconnected and provide a common interface to the users.
(3)
The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,
HAS ADOPTED THIS DECISION:
Article 1
The common specifications for the register of infrastructure as referred to in Article 35 of Directive 2008/57/EC are set out in the Annex to this Decision.
Article 2
1. Each Member State shall ensure that its register of infrastructure is computerised and fulfils the requirements of the common specifications referred to in Article 1 not later than 3 years after the entry into force of this Decision.
2. Member States shall ensure that their registers are interconnected and connected to the common user interface referred to in Article 4 not later than 6 months after that interface is operational.
Article 3
The Agency shall publish an application guide relating to the specifications referred to in Article 1 not later than 1 year after the entry into force of this Decision and shall keep it up to date. The application guide shall include a reference to the relevant clauses of the Technical Specifications of Interoperability (TSIs) for each parameter.
Article 4
1. The Agency shall draft the detailed specifications, the governance and implementation plan (a) for the development, testing, deployment and operation of a common user interface; and (b) for the interconnection of the national registers. The Agency shall submit them to the Commission not later than 1 year after the entry into force of this Decision.
2. The common user interface referred to in paragraph 1 shall be a web-based application facilitating access to the data of the registers of infrastructure at European level. It shall be operational not later than 3 years after the entry into force of this Decision.
3. When progress in the development of TSIs so requires, the Agency shall recommend updates of the specifications referred to in Article 1 and of the detailed specifications referred to in paragraph 1.
Article 5
1. Member States shall ensure that the necessary data are collected and inserted in their national register of infrastructure in accordance with paragraphs 2 to 5. They shall ensure that these data are reliable and are kept up to date.
2. Data relating to infrastructures for freight corridors defined in the Annex to Regulation (EU) No 913/2010 of the European Parliament and of the Council (2) shall be collected and inserted in the national register of infrastructure no later than 3 years after the entry into force of this Decision.
3. Data relating to infrastructures placed in service after the entry into force of Directive 2008/57/EC and before the entry into force of this Decision, other than the data referred to in paragraph 2, shall be collected and inserted in the national register of infrastructure not later than 3 years after the entry into force of this Decision.
4. Data relating to infrastructures placed in service before the entry into force of Directive 2008/57/EC other than the data referred to in paragraph 2 shall be collected and inserted in the national register of infrastructure in accordance with the national implementation plan referred to in Article 6(1) but not later than 5 years after the entry into force of this Decision.
5. Data relating to private sidings placed in service before the entry into force of Directive 2008/57/EC shall be collected and inserted in the national register of infrastructure in accordance with the national implementation plan referred to in Article 6(1) but not later than 7 years after the entry into force of this Decision.
6. Data relating to infrastructures placed in service after the entry into force of this Decision shall be inserted in the national register of infrastructure as soon as the infrastructures are placed into service and as soon as the register referred to in Article 2(1) is set up.
Article 6
1. Each Member State shall draft a national implementation plan for the implementation of the obligations resulting from this Decision, together with a timetable. The national implementation plan shall be submitted to the Commission not later than 6 months after the entry into force of this Decision.
2. The Agency shall coordinate, monitor and support the implementation of the national registers of infrastructure. In particular, it shall set up and manage a group composed of representatives of the entities in charge of setting up and maintaining the national registers. These entities shall send an implementation progress report to the Agency every 4 months. The Agency shall regularly report to the Commission on progress in implementing this Decision.
Article 7
This Decision shall apply from 16 March 2012.
Article 8
This Decision is addressed to the Member States and to the European Railway Agency.
Done at Brussels, 15 September 2011.