Prováděcí nařízení Komise (EU) 2019/773 ze dne 16. května 2019 o technické specifikaci pro interoperabilitu týkající se subsystému „provoz a řízení dopravy“ železničního systému v Evropské unii a o zrušení rozhodnutí 2012/757/EU (Text s významem pro EHP.)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European UnionOJ L 138, 26.5.2016, p. 44 . , and in particular Article 5(11) thereof,

This Regulation lays down the technical specification for interoperability (TSI) relating to the operation and traffic management subsystem of Union rail system, as set out in the Annex.

The TSI set out in the Annex shall apply to the operation and traffic management subsystem set out in point 2.5 of Annex II to Directive (EU) 2016/797.

OJ L 138, 26.5.2016, p. 44 .

(1) Article 11 of Commission Delegated Decision (EU) 2017/1474Commission Delegated Decision (EU) 2017/1474 of 8 June 2017 supplementing Directive (EU) 2016/797 of the European Parliament and of the Council with regard to specific objectives for the drafting, adoption and review of technical specifications for interoperability (OJ L 210, 15.8.2017, p. 5 ). sets out the specific objectives for drafting, adoption and review of technical specifications for interoperability (TSIs) of the rail system within the Union.

(2) Pursuant to points (b) and (f) of Article 3(5) of Decision (EU) 2017/1474 TSIs are to be reviewed in order to take into account the developments of the Union railway system and related research and innovation activities, and update references to standards.

(3) Pursuant to point (c) of Article 3(5) of Decision (EU) 2017/1474 TSIs should be reviewed in order to close the remaining open points. In particular, the scope of the open points for operations is to be defined and a distinction is to be made between national applicable rules and rules requiring harmonisation through Union law in order to allow for migration to an interoperable system defining the optimal level of technical harmonisation.

(4) On 22 September 2017 , in accordance with Article 19(1) of Regulation (EU) 2016/796 of the European Parliament and of the CouncilRegulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1 ). , the Commission requested the European Union Agency for Railways (the Agency) to prepare recommendations implementing a selection of the specific objectives set out in Decision (EU) 2017/1474.

(5) On 25 October 2018 , the Agency issued the recommendation ERA-REC-125 as regards the technical specification for interoperability (TSI) relating to the operation and traffic management subsystem of Union rail system, covering paragraphs 1 to 6 of Article 11 of Commission Delegated Decision (EU) 2017/1474.

(6) Commission Decision 2012/757/EUCommission Decision 2012/757/EU of 14 November 2012 concerning the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system in the European Union and amending Decision 2007/756/EC (OJ L 345, 15.12.2012, p. 1 ). has been amended on several occasions. In order to ensure the readability and the legal certainty, it is advisable to repeal it and replace it by this Regulation.

(7) Decision 2012/757/EU should thus be repealed.

(8) This Regulation should provide the implementation dates for the different requirements of the TSI relating to the operation and traffic management subsystem of the Union rail system. The implementation dates should take into account that certain Member States have notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797 and certain Member States that have not.

(9) The changes of process and responsibilities brought by Article 23 of Directive (EU) 2016/797 and by Section 4.2.2.5 and Appendix D1 of the Annex to this Regulation should be managed by the railway undertakings and where appropriate the infrastructure managers, through their respective safety management system. Moreover, railway undertakings should apply for an update of their safety certificates in accordance with Article 10(13) of Directive (EU) 2016/798 of the European Parliament and of the CouncilDirective (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102 ). , if due to Article 23 the type or the extent of its operations are substantially altered, or a safety certification body so requires in accordance with Article 10(15) of Directive (EU) 2016/798.

(10) If Member States trigger the deficiency procedure in accordance with Article 6 of Directive (EU) 2016/797, the Commission and the Agency, where appropriate, should act in a timely manner to rectify the situation and issue an opinion constituting an acceptable means of compliance or correct this Regulation.

(11) The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 51(1) of Directive (EU) 2016/797,

Member States shall notify the following types of agreement to the Commission by 1 January 2020 , where they have not already been notified pursuant to Commission Decisions 2006/920/ECCommission Decision 2006/920/EC of 11 August 2006 concerning the technical specification of interoperability relating to the subsystem Traffic Operation and Management of the trans-European conventional rail system (OJ L 359, 18.12.2006, p. 1 ). , 2008/231/ECCommission Decision 2008/231/EC of 1 February 2008 concerning the technical specification of interoperability relating to the operation subsystem of the trans-European high-speed rail system adopted referred to in Article 6(1) of Council Directive 96/48/EC and repealing Commission Decision 2002/734/EC of 30 May 2002 (OJ L 84, 26.3.2008, p. 1 ). , 2011/314/EUCommission Decision 2011/314/EU of 12 May 2011 concerning the technical specification for interoperability relating to the operation and traffic management subsystem of the trans-European conventional rail system (OJ L 144, 31.5.2011, p. 1 ). or 2012/757/EU:

(a) bilateral or multilateral agreements between railway undertakings, infrastructure managers or safety authorities that deliver significant levels of local or regional interoperability;

(b) international agreements between one or more Member States and at least one third country, or between Member State(s') railway undertakings or infrastructure managers and at least one railway undertaking or infrastructure manager of a third country, that deliver significant levels of local or regional interoperability.

Commission Delegated Decision (EU) 2017/1474 of 8 June 2017 supplementing Directive (EU) 2016/797 of the European Parliament and of the Council with regard to specific objectives for the drafting, adoption and review of technical specifications for interoperability (OJ L 210, 15.8.2017, p. 5 ).

Article 1 Article 1

Article 2 Article 2

Article 3 Article 3

Article 4 Article 4

Article 5 Article 5

Article 6 Article 6

The conditions to be complied with for verifying the interoperability pursuant to Article 13 of Directive (EU) 2016/797 shall be as set out in the national rules applicable in the Member State where the operation takes place, in the following situations:

(a) in the specific situations referred to in point 7.2 of the Annex to this Regulation;

(b) with regard to the topics listed as open points and areas for national rules referred to in Appendix I to that Annex.

Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1 ).

By 1 July 2019 at the latest, the Agency shall publish a guide on the application of the operation and traffic management subsystem (application guide). The Agency shall keep the application guide up to date.

Commission Decision 2012/757/EU of 14 November 2012 concerning the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system in the European Union and amending Decision 2007/756/EC (OJ L 345, 15.12.2012, p. 1 ).

Decision 2012/757/EU is repealed with effect from 16 June 2021 .

However, Appendix A and C of the Annex to Decision 2012/757/EU may continue to apply by 16 June 2024 at the latest.

Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102 ).

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

It shall apply from 16 June 2021 .

However, Sections 4.2.2.1.3.2 and 4.4 of the Annex shall apply from 16 June 2019 .

Section 4.2.2.5 and Appendix D1 of the Annex to this Regulation shall apply from 16 June 2019 in the Member States that have not notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797.

Section 4.2.2.5 and Appendix D1 of the Annex to this Regulation shall apply from 16 June 2020 in the Member States that have notified the Agency and the Commission in accordance with Article 57(2) of Directive (EU) 2016/797.

Appendix A and C of the Annex to this regulation shall apply from 16 June 2024 at the latest.

Commission Decision 2006/920/EC of 11 August 2006 concerning the technical specification of interoperability relating to the subsystem Traffic Operation and Management of the trans-European conventional rail system (OJ L 359, 18.12.2006, p. 1 ).

Commission Decision 2008/231/EC of 1 February 2008 concerning the technical specification of interoperability relating to the operation subsystem of the trans-European high-speed rail system adopted referred to in Article 6(1) of Council Directive 96/48/EC and repealing Commission Decision 2002/734/EC of 30 May 2002 (OJ L 84, 26.3.2008, p. 1 ).

Commission Decision 2011/314/EU of 12 May 2011 concerning the technical specification for interoperability relating to the operation and traffic management subsystem of the trans-European conventional rail system (OJ L 144, 31.5.2011, p. 1 ).

HAS ADOPTED THIS REGULATION: