Commission Decision of 25 January 2012 on the technical specification for interoperability relating to the control-command and signalling subsystems (notified under document C(2012) 172) (Text with EEA relevance) (2012/88/EU) (repealed)

Article 1 U.K.

1. The technical specification for interoperability (‘TSI’) relating to the ‘track-side control-command and signalling’ subsystem and ‘on-board control-command and signalling subsystems’ of the trans-European rail system, as set out in Annex III, is adopted.

2. The TSI set out in Annex III to this Decision shall apply to the track-side control-command and signalling subsystem as described in point 2.3 and to the on-board control-command and signalling subsystem as described in point 2.4 of Annex II to Directive 2008/57/EC.

Article 2 U.K.

1. Member States shall ensure that, whenever a national protection control-command system is requested on board rolling stock to run on a given line or part of the trans-European network, this system is included in the list of Class B systems, having equal legal value as annexes to the TSI.

2. Member States shall ensure that the functionality, performance and interfaces of the Class B systems remain as currently specified, except where modifications are needed to mitigate safety-related flaws in those systems.

Article 3 U.K.

Each Member State shall notify to the other Member States and to the Commission, with regard to Class B systems and to those issues identified as open points in Appendix G to the TSI adopted by this Decision, within 6 months of the notification of this Decision, the following:

(a)

the list of applicable technical rules;

(b)

the conformity assessment and checking procedures to be used for ensuring that the applicable technical rules are indeed applied;

(c)

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

If these elements have already been notified in the context of Decisions 2006/679/EC and 2006/860/EC this obligation is considered fulfilled.

Article 4 U.K.

1. The Commission may grant a derogation to the obligation laid down in Section 7.3.2.4 of Annex III concerning the mandatory equipment of lines with the European Train Control System (ETCS) in the context of EU funded projects (Section 7.3.2.4), when signalling is renewed on short (less than 150 km) and discontinuous sections of a line and provided that ETCS is installed before the earlier of these two dates:

• 5 years after the end of the project,

• the time by which the section of the line is connected to another ETCS equipped line.

2. The Member State concerned shall forward a file concerning the project to the Commission. This file shall contain an economic analysis showing that there is a substantial economic and/or technical advantage in putting ERTMS into service at the earlier of the two dates mentioned in paragraph 1 rather than during the course of the EU-funded project.

3. The Commission shall examine the file sent to it and the measures proposed by the Member State and shall notify the results of its examination to the Committee referred to in Article 29 of Directive 2008/57/EC. If a derogation is granted, the Member State shall ensure that ERTMS is installed before the earlier of the two dates mentioned in paragraph 1.

Article 5 U.K.

Commission Decision 2011/291/EU of 26 April 2011 concerning a technical specification for interoperability relating to the rolling stock sub-system – ‘Locomotives and Passenger rolling stock’ of the trans-European conventional rail system(1) is amended as follows:

(1)

the second indent under the headline ‘Legislative measures in force’ in Section 1.4 ‘Referenced documents’ of the Annex is replaced by ‘Control-Command and Signalling TSI’;

(2)

Section 4.2.3.3.1 is replaced by Annex I to this Decision;

(3)

Table 10 in Section 4.3.4 is replaced by Annex II to this Decision.

F1 Article 6 U.K.

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Textual Amendments

F1 Deleted by Commission Decision of 6 November 2012 amending Decision 2012/88/EU on the technical specifications for interoperability relating to the control-command and signalling subsystems of the trans-European rail system (notified under document C(2012) 7325) (Text with EEA relevance) (2012/696/EU).

[F2 Article 6a U.K.

When implementing the TSI set out in Annex III to this Decision, one of the two sets of specifications listed in table A-2 of Annex A shall be applied. Baseline 3 specifications shall be maintained in order to ensure that trains equipped with Baseline 3-compliant ERTMS/ETCS can run on Baseline 2-compliant ERTMS/ETCS lines without any additional technical or operational restrictions.]

Textual Amendments

F2 Inserted by Commission Decision of 6 November 2012 amending Decision 2012/88/EU on the technical specifications for interoperability relating to the control-command and signalling subsystems of the trans-European rail system (notified under document C(2012) 7325) (Text with EEA relevance) (2012/696/EU).

Article 7 U.K.

Decisions 2006/679/EC and 2006/860/EC are hereby repealed. Their provisions shall however continue to apply in relation to maintenance of projects authorised in accordance with the TSIs annexed to those Decisions and, unless the applicant requests to apply this Decision, to projects for new, renewed or upgraded subsystems which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision.

[F3 Article 7a U.K.

1. By 1 July 2015 the European Railway Agency shall publish the mandatory specifications referred to in Table A2 of Annex A to this Decision, at Index 37b and 37c, column ‘ Set of specifications # 2 ’ .

Before their publication, it shall send to the Commission a technical opinion on the insertion of these documents in Table A2 of Annex A to this Decision, with reference, name and version. The Commission shall inform accordingly the Committee established under Article 29 of Directive 2008/57/EC.

2. The European Railway Agency shall publish the specifications related to train interface (FFFIS — Form Fit Functional Interface Specification — Index 81 and 82 of Table A2 of Annex A to this Decision) when it considers that they are mature. The European Railway Agency shall regularly report on the assessment of this maturity to the Committee established under Article 29 of Directive 2008/57/EC. Before their publication, it shall send to the Commission a technical opinion on the insertion of these documents in Table A2 of Annex A to this Decision, with reference, name and version. The Commission shall inform accordingly the Committee established under Article 29 of Directive 2008/57/EC.]

Textual Amendments

F3 Inserted by Commission Decision (EU) 2015/14 of 5 January 2015 amending Decision 2012/88/EU on the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European rail system (notified under document C(2014) 9909) (Text with EEA relevance).

Article 8 U.K.

This Decision shall apply 6 months after its notification to the Member States.

Article 9 U.K.

This Decision is addressed to the Member States.