Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the control-command and signalling subsystems of the rail system in the European Union (Text with EEA relevance)Text with EEA relevance

• Published date: 16 June 2019
• Subject Matter: trasporti,reti transeuropee,transportes,redes transeuropeas,transports,réseaux transeuropéens
• Official Gazette Publication: Gazzetta ufficiale dell’Unione europea, L 158, 15 giugno 2016,Diario Oficial de la Unión Europea, L 158, 15 de junio de 2016,Journal officiel de l’Union européenne, L 158, 15 juin 2016

02016R0919 — EN — 16.06.2019 — 001.001

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►B COMMISSION REGULATION (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (Text with EEA relevance) (OJ L 158 15.6.2016, p. 1)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION IMPLEMENTING REGULATION (EU) 2019/776 of 16 May 2019	L 139I	108	27.5.2019

Corrected by:

C1 Corrigendum, OJ L 279, 15.10.2016, p. 94 (2016/919)

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▼B

COMMISSION REGULATION (EU) 2016/919

of 27 May 2016

on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union

(Text with EEA relevance)

Article 1

Subject matter

The technical specification for interoperability (TSI) relating to the control-command and signalling (CCS) subsystems of the rail system in the European Union, as set out in the Annex, is hereby adopted.

Article 2

Scope

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1. The TSI shall apply to all new, upgraded or renewed ‘trackside control-command and signalling’ and “on-board control-command and signalling subsystems of the rail system as defined in points 2.3 and 2.4 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council ( 1 ). Section 7.2.1a of the Annex shall apply to all changes to an existing On-Board subsystem.

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2. The TSI shall not apply to existing ‘trackside control-command and signalling’ and ‘on-board control-command and signalling’ subsystems of the rail system already placed in service on all or part of any Member State’s railway network on the day this Regulation enters into force, except when the subsystem is subject to renewal or upgrading in accordance with ►M1 ————— ◄ Section 7 of the Annex.

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4. The technical and geographical scope of the TSI is set out in points 1.1 and 1.2 of the Annex.

Article 3

Open points and specific cases

1. Within six months of the entry into force of this Regulation, each Member State shall send to the other Member States and the Commission a list of bodies designated in accordance with ►M1 Article 14 of Directive (EU) 2016/797 ◄ to carry out the conformity assessment and verification procedures in respect of:

(a) the open points specified in Annex G;

(b) the specific cases set out in point 7.6.2 of the Annex;

2. If a Member State has already sent this information pursuant to previous Commission Decisions, it shall be considered to have met this obligation.

Article 4

Projects at an advanced stage of development

In accordance with Article 9(3) of Directive 2008/57/EC, each Member State shall communicate to the Commission a list of projects being implemented within its territory and are at an advanced stage of development. This list shall be sent within one year of the entry into force of this Regulation.

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Article 6

Implementation

1. Suppliers and applicants for authorisation for placing in service shall ensure that all equipment referred to in Article 2.1 and intended to be used on the networks referred to in Article 2(3) complies with the TSI set out in the Annex of this Regulation.

2. Notified bodies shall ensure that certificates based on the TSI set out in the Annex of this Regulation, specifically on the provisions set out in point 6, are issued within their responsibilities in accordance with ►M1 Articles 10 and 15 of Directive (EU) 2016/797 ◄ .

3. National safety authorities shall, within their responsibilities according to ►M1 Article 16 of Directive (EU) 2016/798 of the European Parliament and of the Council ( 2 ) ◄ of the European Parliament and of the Council ( 3 ), ensure that all equipment referred to in Article 2 and placed in service in their territory complies with the TSI set out in the Annex of this Regulation.

4. Member States shall draw up a national implementation plan, describing their actions to comply with this TSI, in accordance with Section 7 of the Annex, setting out the steps to be followed for the implementation of fully interoperable ‘control-command and signalling’ subsystems.

5. Member States shall send their national implementation plan to the other Member States and the Commission within one year of entry into force of this Regulation.

Article 7

Availability of ETCS on-board products compliant with Baseline 3 specifications

The Agency will prepare by 1 January 2018 a report to the Commission on the availability of ETCS on-board products compliant with Baseline 3 specifications. The Commission will present it to the Committee referred to in Article 29(1) of Directive 2008/57/EC and take appropriate measures.

Article 8

Class B systems

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 9

EU-funded projects

1. ETCS shall be installed in railway infrastructure projects receiving financial support from European funds when:

(1) installing the train protection part of a CCS subsystem for the first time; or

(2) upgrading the train protection part of a CCS subsystem already in service, where upgrading changes the functions or the performance of the subsystem.

2. The Commission may grant a derogation from the obligation laid down in the paragraphs above 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 date on which the section of the line is connected to another ETCS equipped line.

3. The Member State concerned shall send the Commission a file with an economic analysis of the project 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 the previous paragraph rather than during the course of the EU-funded project.

4. The Commission shall examine the file and the measures proposed by the Member State and shall inform the committee referred to in ►M1 Article 51(1) of Directive (EU) 2016/797 ◄ of its findings. If the Commission grants a derogation, the Member State shall ensure that ERTMS is installed before the earlier of the two dates mentioned in paragraph 2.

5. This derogation shall not prevent application of ►M1 Article 2(1) of Commission Implementing Regulation (EU) 2017/6 ( 4 ) and point 7.4.1.1 of the Annex to this Regulation. ◄

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Article 10

Error corrections

If errors that do not allow the system to provide a normal service are detected, the Agency shall of its own motion or at the request of the Commission identify as soon as possible solutions to correct them and an evaluation of their impact on the compatibility and stability of the existing ERTMS deployment. In such cases, the Agency shall send to the Commission an opinion on such solutions and the evaluation. The Commission shall analyse the Agency's opinion, assisted by the committee referred to in Article 51(1) of Directive (EU) 2016/797, and may recommend that the solutions specified in the Agency's opinion apply until the next revision of the TSI.

Article 11

ERTMS game changers

1. By June 2021, taking into consideration the input from Shift2Rail and the Agency, the Commission shall issue a report on the definition of the next generation communication system. The report shall include the conditions and possible strategies for the migration to that system with due considerations for the coexistence of the system and spectrum requirements.

2. Where the Agency has issued an opinion with the draft release specifications relating to an ERTMS game changer as identified within ERA-REP-150, suppliers and early implementers shall use those specifications in their pilots and shall inform the Agency.

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Article 11a

ERTMS compatibility and future revision

1. By 1 June 2020, the Agency shall send a report to the Commission on the implementation of ETCS system compatibility (ESC) and radio system compatibility (RSC). The report shall include an assessment of the differing types of ESC and RSC, and the potential for reducing the underlying technical divergences of ESC and RSC types. Member States shall provide the Agency with the necessary information to complete the analysis.

2. By 1 December 2021, the Commission shall, based on input from the Agency, define the necessary steps to eliminate the tests or checks to prove technical compatibility of on-board units with different ERTMS trackside implementations, in particular to achieve harmonisation of engineering and operational rules at Member State level and between Member States. Member States shall provide the Commission and the Agency with the necessary information to complete the analysis.

3. By 1 December 2020, the Agency shall send a report to the Commission on the potential for including further elements of trackside and vehicle control-command and signalling system architecture, in particular to achieve a future proof design, facilitating the use of state of the art technology and ensuring backward compatibility.

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Article 12

Repeal

Decision 2012/88/EU is repealed.

Article 13

Transitional provisions

Points 7.3.1, 7.3.2, 7.3.4 and 7.3.5 of the Annex III to Decision...