Commission Decision of 23 January 2009 amending Decisions 2006/861/EC and 2006/920/EC concerning technical specifications of interoperability relating to subsystems of the trans-European conventional rail system (notified under document number C(2009) 38) (Text with EEA relevance) (2009/107/EC)

Article 1Amendments to Decision 2006/861/EC

Decision 2006/861/EC is amended as follows:

a)

The following Article is inserted:

Article 1aTechnical Documents

1.The European Railway Agency (ERA) shall publish on its website the content of Annex LL as an ERA Technical Document.

2.The ERA shall publish on its website the list of fully approved composite brake-blocks for international transport referred to in Annexes P and JJ as an ERA Technical Document.

3.The Agency shall publish on its website the additional specifications related to the draw gear referred to in Annex JJ as an ERA Technical Document.

4.The Agency shall keep the Technical Documents referred to in paragraphs 1 to 3 up to date and inform the Commission of any revised version. The Commission shall inform the Member States through the Committee established under Article 29 of Directive 2008/57/EC. Should the Commission or a Member State consider that a Technical Document does not meet the requirements of Directive 2008/57/EC or of any other Community legislation, the matter shall be discussed in the Committee. On the basis of the Committee's deliberations and upon request of the Commission, the Technical Documents shall be withdrawn or modified by the Agency.

b)

The Annexes are amended as set out in Annex I.

Article 2Amendment to Decision 2006/920/EC

Annex P.5 to Decision 2006/920/EC is amended as set out in Annex II.

Article 3

If the marking ‘TEN’ of freight wagons which were placed in service before the entry into force of this Decision is not in conformity with the meaning specified in Annex II, that marking shall be removed by 31 December 2010.

Article 4

This Decision shall apply from 1 July 2009.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 23 January 2009.

For the Commission

Antonio Tajani

Vice President