Following long negotiations marked by intense debates and amendments proposed by European rapporteurs, in June, the European Transport Council set an agreement on increasing the quality and efficiency of railway services in Europe and managed, in the end, to eliminate technical barriers and to set the bases for railway interoperability. The vote of the Transport Council represents the approval of the European Commission’s proposal to review the Directive on Interoperability, part of the Fourth Railway Package. After adopting the proposal to review the Directive on Interoperability, the Council also adopted a “general approach” on the new rules introducing a single authorisation for placing in service the rail vehicles. The new rules will also enhance the role of the European Railway Agency.
The Council introduced some changes in the proposal, such as the concept of “area of use” of a vehicle, a longer transitional period and the possibility for national safety authorities to issue authorisations for vehicles operating in one Member State only. Vice-President Kallas emphasized the importance of a shorter transitional period, as the provisions are urgently needed to boost competitiveness and promote modal shift towards rail transport. He also underlined that deviations from the concept of a single EU-wide vehicle authorisation must be limited in time.
The current barriers in railway intero-perability include the lack of transparency of the national legal frameworks on the authorisation of vehicles and the fact that national norms are not public. These two aspects are approached by the European Railway Agency within its current activity related to the classification and correlation of national norms.
The problem of preserving national rules that are redundant or are in conflict with the TSIs should also be approached more carefully by member states, first, and then by ERA. In fact, until the TSIs are not fully extended to the entire Union rail system, a large number of national rules is still being notified by Member States. Following the extension of the TSIs to the entire Union’s rail system and the closure of open points in the TSIs, Member States should remove national rules which are in conflict or redundant with the TSIs. The Commission’s fourth package clarifies this. Furthermore, the Agency should be given more power vis-à-vis Member States with a view to removing inconsistent/discriminatory/disproportionate national rules Therefore, the fourth package will enable the Agency to adopt opinions addressed to a Member State and stating the reasons why a national rule which is redundant or in conflict with the TSIs or any other EU legislation should not entry into force or be applied.
Secondary legislation on interoperability (TSIs and other legal measures) is now complete as far as the trans-European rail system is concerned. As already foreseen by the current legal framework, the large majority of TSIs are expected to be extended to the whole rail system in the European Union by 2015. Beyond this date, TSIs will be subject to regular revision to keep up with technical progress, market trends and social requirements. Future revisions of TSIs should also simplify the regulatory environment, ensuring the relevance, effectiveness and proportionality of railway legislation. For example, greater use of voluntary European standards will be considered.
This simplification process, already possible under the current legislative framework, is enhanced and further clarified by the Commission in its fourth package proposals.
Similarly, in the fourth package the Commission proposes clarifications regarding the application of TSIs when existing subsystems are renewed or upgraded. In the same package, the Commission emphasises the importance of the role and correct functioning of Notified Bodies by aligning the interoperability legislation with the new legislative framework for the marketing of products.
Finally, the fourth package also addresses the difficulties experienced in the current vehicle authorisation process, by introducing the notion of a single vehicle authorisation for placing on the market which will be valid throughout the European Union. This will entail a reinforced role for the Agency and an increased focus by national safety authorities on supervision tasks.
According to the proposal of recasting the Directive on Interoperability, the vehicle authorisation for placing on the market is issued by the Agency and contains all information needed later by the railway undertaking to place a vehicle in commercial service.
The applicant (railway undertaking, manufacturer, etc.) may ask the Agency to complement the vehicle authorisation for placing on the market with a statement concerning the technical compatibility of the vehicle with a particular set of lines or networks defined by the applicant on the basis of commercial and/or technical considerations. This complementary statement will facilitate the railway undertaking in its task of placing the vehicle in service.
In its recast proposal, the Commission introduced a series of new articles aimed at improving procedures and at supporting the establishment of the Single European Railway Area. One of the new articles, shows that “the pursuit of interoperability within the Union’s rail system should lead to the definition of an optimal level of technical harmonisation and make it possible to facilitate, improve and develop international rail transport services within the Union and with third countries and contribute to the progressive creation of the internal market in equipment and services for the construction, renewal, upgrading and operation of the rail system within the Union”.
The final vote of the European Parliament on the proposals submitted by the European Commission is scheduled for November 2013.
Share on:
