Article 1

A Technical Specification for Interoperability (TSI) relating to the ‘traffic operation and management’ subsystem of the trans-European conventional system referred to in Article 6(1) of Directive 2001/16/EC is hereby adopted by the Commission.

The TSI shall be as set out in the Annex to this Decision.

The TSI shall be applicable to the traffic operation and management subsystem as defined in Annex II section 2.4 to Directive 2001/16/EC.

Article 2

1

With regard to those issues classified as ‘Open points’ set out in Annex U of the TSI, the conditions to be complied with for the verification of the interoperability pursuant to Article 16(2) of Directive 2001/16/EC shall be those applicable technical rules in use in the Member State which authorise the placing in service of the subsystem covered by this Decision.

2

Each Member State shall notify to the other Member States and to the Commission within six months of the notification of this Decision:

a

the list of the applicable technical rules mentioned in paragraph 1;

b

the conformity assessment and checking procedures to be applied with regard to the application of these rules;

c

the bodies it appoints for carrying out those conformity-assessment and checking procedures.

Article 3

Member States shall notify the following types of agreement to the Commission within six months of the entry into force of the attached TSI:

  1. (a)

    national, bilateral or multilateral agreements between Member States and railway undertaking(s) or infrastructure manager(s), agreed on either a permanent or a temporary basis and required due to the very specific or local nature of the intended train service;

  2. (b)

    bilateral or multilateral agreements between railway undertaking(s), infrastructure manager(s) or Member State(s) which deliver significant levels of local or regional interoperability;

  3. (c)

    international agreements between one or more Member State(s) and at least one third country, or between railway undertaking(s) or infrastructure manager(s) of Member States and at least one railway undertaking or infrastructure manager of a third country, which deliver significant levels of local or regional interoperability.

Article 4

Member States shall establish a national implementation plan of the TSI in accordance with the criteria specified in Chapter 7 of the Annex.

They shall forward this implementation plan to the other Member States and the Commission not later than one year after the date on which this Decision becomes applicable.

Article 5

This Decision shall become applicable six months after the date of its notification.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 11 August 2006.

For the Commission

Jacques Barrot

Vice-President