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European Commission
The Latest European Commission
proposals and decisions regarding
cross-border acceptance of rolling
stock
Warsaw, 23 January 2007
Winfried KLEINEGRIS
Principal Administrator
European Commission – DG TREN
“Railway Transport and Interoperability” Unit
Content
European Commission
Interoperability : achievements today and future steps
The second railway package and the modification of
the interoperability directives
Safety and interoperability
Cross acceptance
Experience and challenges
European Commission Interoperability in the ‘50s
European Commission
Interoperability today
Legal basis
European Commission
TREATY
Single Market
Objective
Competition TEN
Open Access Interoperability
Policy Policy
Dir. 91/440, 95/18, 95/19 Dir. 96/48
Infrastructure Package Dir. 2001/16
Second Railway Package
European Commission
The interoperability Directives
Directive 96/48/EC of 23 July 1996 (OJ L235 of 17
September 1996)
Trans-European high-speed rail system
Directive 2001/16/EC of 19 March 2001 (OJ L 110 of
20 April 2001)
Trans-European conventional rail system
Interoperability – the definition
European Commission
Interoperability
• The ability of the trans-European rail system to
allow the safe and uninterrupted movement of
trains which accomplish the specified levels of
performance.
• This ability rests on all the regulatory, technical
and operational conditions which must be met in
order to satisfy the essential requirements
TSI – elaboration and approval process
European Commission
Commission TSI Proposal
TSI Proposal
Art. 21
TSI Mandate
TSI Mandate Committee
Technical
Technical
subjects
subjects
Cost-benefit
Cost-benefit
Analysis
TSI
TSI
Analysis
TSI Project
TSI Project
OFFICIAL JOURNAL
High speed interoperability
European Commission
State of play - 1
TSI Commission Decisions of 30 May 2002, published
on the OJEC of 12 September 2002 :
Decision 2002/730/EC - Maintenance
Decision 2002/731/EC - Control-Command and Signalling
Decision 2002/732/EC - Infrastructure
Decision 2002/733/EC - Energy
Decision 2002/734/EC - Operation
Decision 2002/735/EC - Rolling Stock
Their 1st revision has received a favorable opinion by
the Rail Interoperability Committee on 21 June 2006
High speed interoperability
European Commission
Draft Decisions on HS TSI Revised voted by the
Committee on 21 June 2006
State of play
Control-Command and Signalling
Adoption foreseen on 7 November 2006
Infrastructure
Energy
Operation
Rolling Stock
Under translation - adoption foreseen beginning 2007
High speed interoperability
European Commission
State of play - 2
Notified Bodies : coordination
Mandate to CEN/CENELEC/ETSI in 1999: adoption of
100 standards by 2005 (more than 60 standards
already available) (30 still pending on RST)
National law implementation: 15/15 done + acquis for
the others
TSI Implementation Guide published in three
languages and available on Europa site
Conventional Rail Interoperability
European Commission
Decision 2004/446/EC of 29 April 2004 (OJ L155
of 30 April 2004)
Basic parameters of four TSIs of the first TSIs
group (Noise, Freight Wagons, Telematic
Applications for Freight, Operations and Traffic
Management) (still valid until February 2007)
Decision 2004/447/EC of 29 April 2004 (OJ L155
of 30 April 2004)
Basic parameters of a fifth TSI of the first TSIs
group (Control-Command and Signalling)
Conventional Rail Interoperability
European Commission
First group of CR TSIs :
Telematics applications for freight services (Regulation 62/2006/EC
of 23.12.2005, OJ L13 of 18.01.2006)
Noise (infrastructure and rolling stock) (Decision 2006/66/EC of
23.12.2005, OJ L37 of 08.02.2006)
Control-Command and Signalling (Decision 2006/679/EC of
28.03.2006, OJ L284 of 16.10.2006)
Freight wagons (Decision adopted by the Commission on 28.07.2006
and notified on 31.07.2006, doc. C(2006)3345, publication in OJ L 344, 8
December 2006)
Traffic operation and management (incl. Staff qualifications)
(Decision adopted by the Commission on 11.08.2006 and notified on
14.08.2006, doc. C(2006)3593, publication in OJ L 359 of 18 December
2006)
Article 254 of the Treaty
European Commission
Article 254
• 1. Regulations, directives and decisions adopted in accordance
with the procedure referred to in Article 251 shall be signed by
the President of the European Parliament and by the President
of the Council and published in the Official Journal of the
European Union. They shall enter into force on the date
specified in them or, in the absence thereof, on the 20th day
following that of their publication.
• 2. Regulations of the Council and of the Commission, as well as
directives of those institutions which are addressed to all
Member States, shall be published in the Official Journal of the
European Union. They shall enter into force on the date
specified in them or, in the absence thereof, on the 20th day
following that of their publication.
• 3. Other directives, and decisions, shall be notified to those to
whom they are addressed and shall take effect upon such
notification.
Conventional Rail Interoperability
European Commission
Second group of CR TSIs:
Safety of railway tunnels (Adoption expected by beginning
2007)
Accessibility to persons with reduced mobility (Adoption
expected by beginning 2007)
Conventional Rail Interoperability
European Commission
Third group of CR TSIs to be adopted by 2007-2008
(mandated to the European Railway Agency):
Infrastructure
Rolling Stock
Locomotives & Traction Units
Passager Coaches
Energy
Telematics for passengers
Conventional Rail Interoperability
European Commission
Draft Directive modifying Annex VI to the Interoperability Directives
Draft Regulation on harmonised format for the safety certificates
Adoption likely to take place by end 2006
Draft Decision on mandate to the ERA on 2nd set of CSMs
Adoption procedure in progress
The Second Railway Package
European Commission
Directive 2004/50/EC
Modifies Directives 96/48/EC and 2001/16/EC:
Updates the provisions of these two directives in line with
the directive on safety and the role of the new agency
States the principle of interoperability for the whole railway
system, to be implemented progressively as of 2008. This
shall be based on a program established according to
cost/benefit analysis
Alignes the two directives
The Second Railway Package
European Commission
Directive 2004/49/EC on railway safety
Sets up a framework for the development of common
approaches to rail safety and for maintaining safety
levels : definition of Common safety indicators,
Common safety methods and targets
Requires the creation of safety authorities
Establishes the principle of independent safety
investigation in the event of accidents and incidents
European Commission
A system approach
Safety directive deals with system aspects
Role and responsibilities of the actors,
regulatory structure, safety levels and
methods
Interoperability directives deal with subsystem
aspects
Rolling stock, operational rules, staff
requirements, signalling, infrastructure,
etc.
The Second Railway Package
European Commission
Regulation n° 881/2004/EC creating the ERA -
European Railway Agency
Establishes the creation of the European Railway
Agency
Sets up its role in the legal framework regulating the
European rail system
Defines its functioning principles
Mutual recognition of homologations
European Commission
Mutual recognition of homologations
European Commission
Old regulations in place for a very long time, coming from
decades of rail traffic management
Sensitive activity, usually based on good intentions but
sometimes used to create barriers to new entrants
The international use of vehicles in an open system leads to
problems not tackled up to now
Mutual recognition: at which level?
« easy »: respect of international regulations + all the national ones
« difficult »: items different for each country
– Type of anti-slipping sand
– Closed-circuit WC
– Analogical tachimeter…
Mutual recognition of homologations
European Commission
Need to establish:
• The principles of EU mutual recognition applied to the
rail sector
• The principles of acceptance for “foreign” regulations
and of abandon of their own national prescriptions
• The connected procedural aspects
• When a unified prescription can be developed covering
all the needs
• Which national prescriptions must necessarily be
respected to guarantee an efficient and safe rail traffic
Mutual recognition of homologations
European Commission
UE actions - Visibility / transparency of national rules
• Art. 16 of Interoperability Directives – imposes the notification of
national rules (applicable in cases not covered by the TSIs), of
conformity of evaluation and control procedures as well as of the
bodies in charge of performing these tasks
• Art. 8 of the Safety Directive – imposes the notification of the
national safety rules
• Creation of a « task force » within the Rail Interoperability
Committee, in charge of developing a methodology for the mutual
recognition of national rules related to rolling stock homologation
• Recommendation published on EC website, to be then included in
the future recasting of the interoperability legislation
Mutual recognition of homologations
European Commission
Benefits
- Less restrictions for the international use of rolling stock
- Increased legal certainty for the rail system stakeholders
- Faster and cheaper homologation procedures
- In summary reduced costs for the acquisition of rolling stock from
the rail operators
- Essential to compete in international rail services
- Important despite the publication of the RST TSIs, as “additional
national rules” will remain valid for years
Latest Commission proposals
European Commission
‘Cross-Border proposals’
Objectives:
• Legislative simplification
• Reduction of costs for the industry and for the administrations
improvement of the Cross Acceptance
Tools:
• Merging of the interoperability directives
• Clarification of the present prescriptions
• Modification of Art. 14 of the interoperability Directives
• Modification of Art. 14 of the safety Directive
• Modification of the ERA Regulation
New legislative initiative
European Commission
Based on:
• Real scale experience
• Works of the Cross Acceptance task force
• Requests from the sector (to act, and quickly)
Calendar:
• Adoption by the Commission 13 December 2006
• Then EP discussions & Council discussions
(Codecision). Strong interest for EU German
Presidency
New rolling stock
European Commission Authorisation of placing in service
Interoperability Directive Art. 14
Non harmonised area:
Verification by NSA National rules
or by designated body open points, specific
cases, derogations,
compatibility with
existing systems
Harmonised area:
TSI
Verification by
Notified Body safety,
EU rules health,
environment,
technical compatibility,
reliability/availability
Existing rolling stock
European Commission Placing in service of in-use vehicles
Safety Directive Art. 14
C
Purely
infrastructure related
national requirements
B
Verification by NSA Requirements
or by designated body that are currently used
in specific countries
but that could be moved
to A or to C
A
Internationally
accepted standards
Summary: experience and challenges
European Commission
Application of TSIs to new projects
funding and derogation requests
Committee: role of MS and representation
Role of IM, RU and industry, and representation (AEIF – ERA)
Baltic States and regional interoperability
Interoperability with third countries
Technical/social interoperability
Cost/benefit analysis
Infrastructure and Rolling Stock Registers
Information, Communication and Training
Conclusions: state of the art
European Commission
Interoperability
Development of TSIs in progress, clear methodology and clear time-table.
But need to apply on real scale basis
Safety
Implementation of the safety directive needs toolbox and methodologies
a lot of preparatory works
European Railway Agency
An essential tool for progress of interoperability; its role is called to
become more relevant
European Commission
For further information, please consult our website:
http://ec.europa.eu/transport/rail/index_en.html
Or google:
Rail Transport Interoperability
European Commission Thank you for your attention !
WORKSHOP ON RAIL SAFETY & INTEROPERABILITY – RAILWAY TRANSPORT LIBERALISATION CHALLENGES
Railway Scientific and Technical Centre Warsaw 23-24 January 2005
INFRA 23618
RAILWAY TRANSPORT LIBERALISATION
CHALLENGES
EC DG ENLARGEMENT TAIEX WORKSHOP
ON RAIL SAFETY & INTEROPERABILITY
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