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

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 1996

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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.

GIVEN under my Official Seal

25 April

2006.

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

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

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OJ No. L. 235, 17.9.96, p.6

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OJ No. L.284, 31.10.03, p.1.

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OJ No. L. 164, 30.4.04, p.1

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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).

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 2004

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, hereby make the following regulations