S.I. No. 212/2006 - European Communities (Interoperability of the Trans-European Conventional and High-Speed Rail Systems) Regulations 2006

S.I. No 212 of 2006

REGULATIONS

entitled

European Communities (Interoperability of the Trans-European Conventional and High-Speed Rail Systems) Regulations 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive No. 2004/50/EC of the European Parliament and of the Council of 29 April 2004¹ , hereby make the following regulations:

1. (1) These Regulations may be cited as European Communities (Interoperability of the Trans-European conventional and High-Speed Rail Systems) Regulations 2006.

(2) Insofar as these Regulations amend the European Communities (Interoperability of the Trans-European High-Speed Rail System) Regulations 2002 ( S.I. No. 118 of 2002 ) (“the 2002 Regulations”), these Regulations and the 2002 Regulations may be cited as the European Communities (Interoperability of the Trans-European High-Speed Rail System) Regulations 2002 to 2006.

(3) Insofar as these Regulations amend the European Communities (Interoperability of the Trans-European conventional rail system) Regulations 2004 ( S.I. No. 61 of 2004 ) (“the 2004 Regulations”), these Regulations and the 2004 Regulations may be cited as the European Communities (Interoperability of the Trans-European conventional rail system) Regulations 2004 to 2006.

2. In these Regulations, unless otherwise indicated -

(a) a reference to a Regulation is to a Regulation of these Regulations, and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs.

3. (1) Regulation 2(1) of the 2002 Regulations is amended as follows:

(a) by substituting for the definition of “Directive” the following definition -

““Directive” means Council Directive No. 96/48/EC of 2 July 1996¹ as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003² and as further amended by Directive No. 2004/50/EC of the European Parliament and of the Council of 29 April 2004”;

(b) by inserting in alphabetical order the following definitions-

(i) ““basic parameter” means any regulatory, technical or operational condition which is critical to interoperability and requires a decision or recommendation in accordance with the procedure laid down in Article 21(2) before any development of complete draft TSIs;”,

of the existing rail system plus the existing rolling stock of all categories and origin travelling on that infrastructure;”,

(iii) ““infrastructure register” shall have the meaning given to it by Regulation 12(2) of the European Community (Interoperability of the Trans-European conventional rail system) Regulations 2004 ( S.I. No. 61 of 2004 );”,

(iv) ““national vehicle register” shall mean the register created or caused to be created by the Minister pursuant to Article 14 of the Directive;”,

(v) ““placing in service” means all the operations by which a subsystem is put into its design operating state;”,

(vi) ““rolling stock register” shall have the meaning given to it in Regulation 12(1) of the European Community (Interoperability of the Trans-European conventional rail system) Regulations 2004 ( S.I. No. 61 of 2004 );”,

(vii) ““specific case” means any part of the trans-European high-speed rail system which needs special provisions in the TSIs either temporary or definitive, because of geographical topographical or urban environment constraints or those affecting compatibility with the existing system. This may include in particular railway lines and networks isolated from affecting compatibility with the existing system. This may include in particular railway lines and networks isolated from the rest of the Community territory, the loading gauge, the track gauge or space between the tracks;”,

(viii) ““renewal” means any major substitution work on a subsystem or part of a subsystem which does not change the overall performance of the subsystem;”,

(ix) ““upgrading” means any major modification work on a subsystem or part of a subsystem which improves the overall performance of the subsystem;”.

(2) Regulation 3(2) of the 2002 Regulations is amended as follows:

(a) by substituting for Regulation 3(2)(a) the following:

“(a) the design, construction, placing in service, upgrading, renewal operation and maintenance of subsystems which form or are intended to form part of the trans-European high speed rail system,”;

(b) by inserting as Regulation 3(2)(f) the following:

“(f) the qualifications and health and safety conditions of the staff operating a subsystem which forms or is intended to form part of the trans-European high speed rail system.”

(3) Regulation 4 of the 2002 Regulations is amended as follows:

(a) by substituting for Regulation 4(1)(a) the following:

“(a) if a proposed new line, the renewal or upgrading of an existing line, or any element referred to in Regulation 3(2)(a) of these Regulations is at an advanced stage of development or is the subject of a contract in course of performance when the relevant TSIs are published,”;

(b) by substituting for Regulation 4(1)(b) the following:

“(b) where an existing line is being renewed or upgraded for high speed and where the loading gauge, track gauge, space between the tracks or electrical voltage in the TSI is not compatible with those of the existing line,”;

“(c) in the case of a proposed new line or for the proposed renewal or upgrading of an existing line when the rail network is separated or isolated by the sea from the rail network of the rest of the Community territory,”;

(d) by inserting the following as a new Regulation 4(1)(d):

“(d) in the case of a proposed renewal, extension or upgrading of an existing line, when the application of the relevant TSIs would compromise the economic viability of the project or the compatibility of the rail system or both,”;

(e) by inserting the following as a new Regulation 4(1)(e):

“(e) where, following an accident or a natural disaster, the conditions for the rapid restoration of the network do not economically or technically allow for partial or total application of the relevant TSIs,”;

(f) by substituting for Regulation 4(2) the following:

“(2) Where the Minister proposes to make a decision under paragraph (1), the Minister shall serve prior notice of its intended derogation to the Commission and shall forward to it a file setting out the TSIs or the parts of TSIs that the Minister does not wish to apply as well as the corresponding specification that the Minister does wish to apply.”

(g) by deleting Regulation 4(3).

(4) Regulation 5(2) of the 2002 Regulations is substituted by the following:

“(2) Where no relevant European specification referred to in paragraph 1(a has been so published, a person shall not place on the market within the State any interoperability constituent unless it conforms to such standards and technical specification relating to such interoperability constituents as may have been notified by the Minister to the Commission pursuant to Article 10(5) of the Directive as being in use in the State and a certificate of conformity or suitability for use or both (as required by the circumstances) has been prepared in relation to the interoperability constituent by the person responsible in accordance with the requirements of Annex IV.”;

(5) Regulation 7 of the 2002 Regulations is amended as follows:

(a) By replacing the full stop with a comma after the word “service” in Regulation 7(4)(a)(iv);

(b) By inserting as a new Regulation 7(4)(a)(v) the following:

“(v) is compatible with the system into which it is being integrated.”;

“(10A) The Minister may require additional checks in relation to a subsystem, which the Minister considers to be necessary, when the subsystem is placed in service to ensure that they are operated and maintained in accordance with the essential requirements. In assessing whether the essential requirements are met, the Minister shall have regard to the assessment and verification procedures laid down in the respective structural and functional TSIs.”

(d) By inserting after Regulation 7(10) as a new Regulation 7(10B) the following:

“(10B) (a) In the event of the renewal or upgrading, the railway undertaking shall send to the Minister a file describing the project.

(b) The Minister, upon receipt of the file, shall examine the file, and taking account of the implementation strategy indicated in the applicable TSI, shall decide whether the size of the works means that a new authorisation for placing in service the prospective works is needed. The Minister shall require a new authorisation for placing in service the prospective works in circumstances where the overall safety level of the subsystem may be affected by the prospective works.”.

(e) By inserting after Regulation 7(10) as a new Regulation 7(10C) the following:

“(10C)(a) Where the Minister authorises the placing in service of rolling stock, the Minister shall assign an alphanumeric identification code to each vehicle (the “identification code”), which shall be included in the national vehicle register.

(b) The owner of the relevant rolling stock shall mark upon each vehicle the identification code.

(6) Regulation 10(2)(b) is substituted as follows:

“(b) to apply the procedures for verification of structural subsystems referred to in Regulation 9 and to verify the interfaces of the subsystem with the system in which it is integrated on the basis of the relevant TSI and the rolling stock register and the infrastructure register.”

4. (1) Regulation 2 of the 2004 Regulations is amended as follows:

(a) by substituting for the definition of “Directive” in Regulation 2(1) the following definition -

(b) by inserting in Regulation 2(1) the following definitions in alphabetical order -

(i) ““European Railway Agency” means the agency for railway safety and interoperability established by Regulation (EC) No 881/2004/EC of the European Parliament and the Council of 29th April 2004¹ ;”

(ii) ““national vehicle register” shall mean the register created or caused to be created by the Minister pursuant to Article 14 of the Directive;”, and

(iii) ““placing in service” means all the operations by which a subsystem is put into its design operating state;”;

““renewal” means any major substitution work on a subsystem or part of a subsystem which does not change the overall performance of the subsystem;”;

(d) by substituting for the definition of “upgrading” in Regulation 2(1) the following definition -

““renewal” means any major substitution work on a subsystem or part of a subsystem which does not change the overall performance of the subsystem;”;

(d) by substituting for the definition of “upgrading” in Regulation 2(1) the following definition -

““upgrading” means any major modification work on a subsystem or part of a subsystem which improves the overall performance of the subsystem;”.

(2) Regulation 4(1)(a) of the 2004 Regulations is substituted by the following:

“(a) For a proposed new line, for the renewal or upgrading of an existing line, or for any element referred to in Article 1(1) at an advanced stage of development or the subject of a contract in the course of performance when the relevant TSI is published.”

(3) Regulation 5(2) of the 2004 Regulations is substituted by the following:

“(2) (a) All interoperability constituents shall be subject to the procedure for assessing conformity and suitability for the use indicated in the respective TSI and shall be accompanied by the corresponding certificate.

(b) An interoperability constituent shall meet the essential requirements if it complies with the conditions laid down in the corresponding TSI or the corresponding European specifications developed to comply with these conditions.”

(4) Regulation 7 of the 2004 Regulations is amended as follows:

(a) the following shall be added at the end of Regulation 7(1) -

“In the event of the renewal or upgrading, the railway undertaking shall send to the Minister a file describing the project. The Minister, upon receipt of the file, shall examine the file, and taking account of the implementation strategy indicated in the applicable TSI, shall decide whether the size of the works means that a new authorisation for placing in service the prospective works is needed. The Minister shall require a new authorisation for placing in service the prospective works in circumstances where the overall safety level of the subsystem may be affected by the prospective works. If a new authorisation is needed, the Minister shall decide to what extent the TSIs need to be applied to the project.”;

(b) the following shall be added at the end of Regulation 7(11) -

“In assessing whether the essential requirements are met, the Minister shall have regard to the assessment and verification procedures laid down in the respective structural and functional TSIs.”

(5) Regulation 12 of the 2004 Regulations is amended as follows:

(a) by the insertion of, “the European Railway Agency” after “the Minister” and before “and the Committee” in paragraph 6(a); and,

(b) by the insertion of a new paragraph (7) as follows:

“(7) (a) Where the Minister authorises the placing in service of rolling stock, the Minister shall assign an alphanumeric identification code to each vehicle (the “identification code”), which shall be included in the national vehicle register.

(b) The owner of the relevant rolling stock shall mark upon each vehicle the identification code.

(6) Schedule 1 of these Regulations is substituted for Schedule 1 of the 2004 Regulations.

(7) The following shall be added as a new paragraph 2.4.4. of Schedule 3 of the 2004 Regulations:

“2.4.4. Controls

Trains must be equipped with a recording device. The data collected by this device and the processing of the information must be harmonised.”

(8) The following shall be added at the end of paragraph 2 of Schedule 7 of the 2004 Regulations:

“The notified body and its servants or agents responsible for the checks must be functionally independent of the authorities designated to issue authorisations for placing in service in the framework of these Regulations licences issued under the European Communities (Licensing of Railway Undertakings) Regulations 2003 ( S.I. No. 537 of 2003 ) and safety certificates issued under section 46(1) of the Railway Safety Act 2005 (No. 31 of 2005) and of the bodies in charge of investigations in the event of accidents.”

SCHEDULE 1

THE TRANS-EUROPEAN CONVENTIONAL RAIL SYSTEM

1. INFRASTRUCTURE

(1). The infrastructure of the trans-European conventional rail system will be that on the lines of the trans-European transport network identified in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996¹ or listed in any update to the same Decision as a result of the revision provided for in Article 21 of that Decision.

(2). For the purposes of this Directive, this network may be subdivided into the following categories:

- lines intended for passenger services;

- lines intended for mixed traffic (passengers and freight);

- lines specially designed or upgraded for freight services;

- passenger hubs;

- freight hubs, including intermodal terminals;

- lines connecting the abovementioned elements.

(3). This infrastructure includes traffic management, tracking, and navigation systems: technical installations for data processing and telecommunications intended for long-distance passenger services and freight services on the network in order to guarantee the safe and harmonious operation of the network and efficient traffic management.

2. ROLLING STOCK

(1). The rolling stock will comprise all the stock likely to travel on all or part of the trans-European conventional rail network, including:

- self-propelling thermal or electric trains;

- thermal or electric traction units;

- passenger carriages;

- freight wagons, including rolling stock designed to carry lorries.

(2). Mobile railway infrastructure construction and maintenance equipment is included but is not the first priority.

(3). Each of the above categories is subdivided into:

- rolling stock for international use;

- rolling stock for national use.

3. COMPATIBILITY OF THE TRANS-EUROPEAN CONVENTIONAL RAILWAY SYSTEM

(1). The quality of rail services in Europe depends, inter alia, on excellent compatibility between the characteristics of the infrastructure (in the broadest sense, i.e. the fixed parts of all the subsystems concerned) and those of the rolling stock (including the onboard components of all the subsystems concerned). Performance levels, safety, quality of service and cost depend upon that compatibility.

4. EXTENSION OF THE SCOPE

(1). Subcategories of lines and rolling stock

In order to deliver interoperability cost-effectively further subcategories of all categories of lines and rolling stock mentioned in this Schedule will, where necessary, be developed. If necessary, the functional and technical specifications mentioned in Article 5(3) may vary according to the subcategory.

(2). Cost safeguards

The cost-benefit analysis of the proposed measures will take into consideration, among others, the following:

- cost of the proposed measure,

- reduction of capital costs and charges due to economies of scale and better utilisation of rolling stock.

- reduction of investment and maintenance/operating costs due to increased competition between manufacturers and maintenance companies,

- environmental benefits, due to technical improvements of the rail system,

- increase of safety in operation.

In addition, this assessment will indicate the likely impact for all the operators and economic agents involved.

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GIVEN under my Official Seal

25 April 2006.

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Minister for Transport.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to give effect to Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system

¹ OJ No. L.164, 30.4.04, p.114 as set out in OJ No. L.220, 21.6.04, p.40.

¹ OJ No. L. 235, 17.9.96, p.6

² OJ No. L.284, 31.10.03, p.1.

¹ OJ No. L. 164, 30.4.04, p.1

¹ OJ No. L.228, 9.9.96, p.1 as amended by Decision No 1346/2001/EC (OJ No. L.185, 6.7.01, p.1).