COMMISSION DIRECTIVE 2011/18/EU
of 1 March 2011
amending Annexes II, V and VI to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community
(Text with EEA relevance)
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 30.3 thereof,
Whereas:
(1)
Measures designed to amend non-essential elements of Directive 2008/57/EC and relating to the adaptation of Annexes II to IX to that Directive are to be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 29(4) of Directive 2008/57/EC.
(2)
The control-command and signalling subsystem consist of trackside and on-board equipment, which should be considered as two separate subsystems. Annex II to Directive 2008/57/EC should therefore be amended accordingly.
(3)
The electricity consumption measuring equipment is physically integrated in the rolling stock. Annex II to Directive 2008/57/EC should therefore be amended accordingly.
(4)
In accordance with Article 17(3) of Directive 2008/57/EC, Member States should designate the bodies responsible for carrying out the verification procedures in the case of national rules. Annexes V and VI to Directive 2008/57/EC should therefore be amended to specify these procedures applied by these bodies.
(5)
With regard to Section 2 of Annex VI to Directive 2008/57/EC and recourse to intermediate statements of verification (hereinafter ‘ISV’), the notified body should first draw up an ‘EC’ certificate of intermediate statement of verification and then the applicant should draw up the related ‘EC’ declaration. Annexes V and VI to Directive 2008/57/EC should therefore be amended accordingly.
(6)
The measures provided for in this Directive are in accordance with the opinion of the Committee established pursuant to Article 29(1) of the Directive 2008/57/EC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes II, V and VI to Directive 2008/57/EC are replaced by the text set out in Annexes I, II and III to this Directive respectively.
Article 2
1. The Member States shall bring into force the laws, regulation and administrative provisions necessary to comply with this Directive by 31 December 2011 at the latest. They shall forthwith communicate the text of those provisions to the Commission.
2. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
3. The obligations for transposition and implementation of this Directive shall not apply to the Republic of Cyprus and the Republic of Malta for as long as no railway system is established within their territories.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 1 March 2011.