COMMISSION IMPLEMENTING DECISION
of 4 October 2011
on the European register of authorised types of railway vehicles
(notified under document C(2011) 6974)
(Text with EEA relevance)
(2011/665/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 34(4) thereof,
Whereas:
(1)
In accordance with Article 34(1) of Directive 2008/57/EC, the European Railway Agency (the Agency) should set up and keep a register of types of vehicles authorised by the Member States for placing in service on the Union rail network.
(2)
For some existing vehicles it is not possible to establish a correspondence to a type of vehicle that is authorised in accordance with Article 26 of Directive 2008/57/EC. A possibility to include the technical characteristics of all the vehicles in service in one single register may, however, be beneficial for the railway sector.
(3)
Restrictions on how the vehicle may be used as mentioned in Article 33(2)(e) of Directive 2008/57/EC are in most cases subject to a specific code. Those restriction codes should be harmonised. The use of national restriction codes should be limited to those restrictions that reflect particular characteristics of the existing railway system of a Member State and are unlikely to be applied with the same meaning in other Member States. The Agency should keep up-to-date the list of harmonised restriction codes and of national codes and publish them on its web site.
(4)
In accordance with Article 34(3) of Directive 2008/57/EC, when an authorisation of type is granted, modified, suspended or withdrawn in a Member State, national safety authorities should inform the Agency so that the latter may update the register. The register should include types of vehicle authorised in accordance with Article 26 of Directive 2008/57/EC. Therefore, when informing the Agency, national safety authorities should indicate which parameters of the given type were checked according to the notified national rules. This indication should be established in accordance with the reference document referred to in Article 27(4) of Directive 2008/57/EC.
(5)
The European Railway Agency submitted its recommendation ERA/REC/07-2010/INT to the Commission on 20 December 2010.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Article 29 of Directive 2008/57/EC,
HAS ADOPTED THIS DECISION:
Article 1
Subject matter
This Decision establishes the specification for the European register of authorised types of vehicles referred to in Article 34 of Directive 2008/57/EC.
Article 2
Specification of the European register of authorised types of vehicles
1. The Agency shall develop, operate and maintain the European register of authorised types of vehicles on the basis of the specification set out in Annexes I and II.
2. The European register of authorised types of vehicles (ERATV) shall contain data on the types of vehicle authorised by the Member States pursuant to Article 26 of Directive 2008/57/EC.
3. Types of vehicle authorised by a Member State before 19 July 2010 for which one or more vehicles have been authorised in one or more Member States pursuant to Article 22 or 24 of Directive 2008/57/EC after 19 July 2010 are deemed to fall under provisions of Article 26 of Directive 2008/57/EC and shall be registered in ERATV. In this case, data to be recorded may be limited to the parameters that have been verified during the type authorisation process.
4. The types of vehicles which can be registered voluntarily are those set out in Section 1 of Annex I.
5. The structure of the number that each type of vehicle receives shall be as set out in Annex III.
6. The register shall be operational by 31 December 2012. In the meantime the Agency shall publish the information relating to the authorised types of vehicles on its website.
Article 3
Information to be sent by national safety authorities
1. The Member States shall make sure that the national safety authorities provide the information on the type authorisations they have granted, as set out in Annex II.
2. The national safety authorities shall provide the information referred to in paragraph 1 of this Article in accordance with the rules laid down in Section 5.2 of Annex I.
3. The national safety authorities shall submit the information by using the standard web-based electronic form with the relevant fields filled in.
4. The national safety authorities shall submit the information related to the authorisations of types of vehicles that they have granted after 19 July 2010 and before the entry into force of this Decision not later than 4 months after the date of entry into force of this Decision.
Article 4
Restriction codes
1. Harmonised restriction codes shall be applicable in all the Member States.
The list of harmonised restriction codes for the whole of the Union rail system shall be kept up-to-date by the Agency and published on its web site.
If a national safety authority considers that a new code needs to be added to the list of harmonised restriction codes, it shall request the Agency to evaluate the inclusion of this new code.
The Agency shall evaluate the request, in consultation with other national safety authorities. If appropriate, the Agency shall include a new restriction code in the list. Prior to the publication of the modified list, the Agency shall communicate it to the Commission together with the change request and its evaluation.
The Commission shall keep the Member States informed through the committee established in accordance with Article 29(1) of Directive 2008/57/EC.
2. The Agency shall keep up-to-date the list of national restriction codes. The use of national restriction codes shall be limited to those restrictions that reflect particular characteristics of the existing railway system of a Member State and are unlikely to be applied with the same meaning in other Member States.
For types of restrictions not indicated in the list referred to in paragraph 1, the national safety authority shall request the Agency the inclusion of a new code in the list of national restriction codes. The Agency shall evaluate the request, in consultation with other national safety authorities. If appropriate the Agency shall include a new restriction code in the list. Prior to the publication of the modified list, the Agency shall communicate it to the Commission together with the change request and its evaluation.
The Commission shall keep the Member States informed through the committee established in accordance with Article 29(1) of Directive 2008/57/EC.
3. The restriction code for multinational safety authorities shall be treated as national restriction codes.
4. The use of non-coded restrictions shall be limited to those restrictions that due to their particular character are unlikely to be applied to several types of vehicle.
Article 5
Final provisions
1. The Agency shall publish and keep up-to-date an application guide for the European register of authorised types of vehicles. Among other information, this guide shall include for each parameter a reference to the clauses of the technical specifications for interoperability that state the requirements for this parameter.
2. The Agency shall submit a recommendation to the Commission on the possible inclusion in the register of types of vehicles that were authorised before 19 July 2010 and on the possible amendment of this Decision based on the experience gained not later than 18 months after the entry into force of this Decision.
Article 6
Date of application
This Decision shall apply from 15 April 2012.
Article 7
Addressees
This Decision is addressed to the European Railway Agency and the Member States.
Done at Brussels, 4 October 2011.