Diario Oficial de la Unión Europea del 24/2/2023 - Sección Legislación
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Fuente: Diario Oficial de la Unión Europea - Sección Legislación
24.2.2023
EN
Official Journal of the European Union
L 59/31
5
Thus, the eight trainsets concerned are currently equipped with class B systems, as the owner decided to postpone the installation of Baseline 2 and directly update to Baseline 3 by the end of 2022, on the basis of Implementing Decision C2020 5081 final.
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As regards the current request for temporary non-application of point 4.2.5.1. and point 4.2.8. of the Annex to Regulation EU 2016/919, the information provided by the Dutch and German authorities in accordance with Article 74 of Directive EU 2016/797 enabled the Commission to carry out its analysis.
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The project of updating the eight trainsets with ETCS Baseline 3 on-board equipment faced delays in the first year of the project, mainly due to external factors with only limited leverage by the manufacturer. The reasons for the delays include the lack of upgrading of the infrastructure to ETCS Baseline 3, vagueness regarding the requirements of the implementation of the type of Class B system, and the impact of COVID-19 on decision-making and communication between stakeholders.
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In order to compensate for the delays and continue operating the trains, the Dutch and German authorities accepted the request from the manufacturer to temporarily remove the two functions GPRS packet switching and online key management from the specifications of the trainsets and explore the possibility of applying a restriction or condition of use to compensate for the two functions. However, GPRS packet switching and online key management are two technical functions inherently part of ETCS Baseline 3. GPRS packet switching is part of the requirements under point 4.2.5.1. Radio communications with the train and online key management is part of the requirements under point 4.2.8. Key management of the Annex to Regulation EU 2016/919. Thus, removal of those two functions constitutes non-compliance with Regulation EU 2016/919.
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Therefore, without a derogation from full ETCS Baseline 3 application, the operation of the trainsets would need to be ceased. The trainsets are equipped with specific characteristics, namely three power supply systems 1,5 kV, 3 kV
and 15 kV and three Class B train control systems ATB, TBL1+, and PZB. Trainsets with these or similar characteristics, authorised for running in the Netherlands and Germany, are currently not available on the market.
Temporary replacement by leased trainsets is therefore impossible. As a result, the trainsets would need to be replaced by buses, which would not only have an economic impact in the missing income and high direct costs of an alternative road transportation service, but also have a negative socioeconomic impact on Arriva customers and loss of passenger trust in the operator due to the disruption of the service.
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In accordance with Article 74 of Directive EU 2016/797, the applicants informed the Commission that the delay of implementation of the two functions will not affect safety and interoperability, as the trackside introduction of the two functions is not foreseen before 2026 and ETCS Baseline 3 on-board is fully compatible with the trackside signalling. Furthermore, the impact of the non-application of the two functions is limited, as the trainsets will only travel between Aachen and Maastricht.
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Therefore, in order to avoid disruption of interregional rail services pending installation of the lacking ERTMS
equipment, the condition set out in Article 71, point c of Directive EU 2016/797 should be considered as fulfilled and the derogation from point 4.2.5.1. and point 4.2.8. of the Annex to Regulation EU 2016/919 should be granted until 31 December 2024.
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The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 511 of Directive EU 2016/797,
HAS ADOPTED THIS DECISION:
Article 1
The request of the Kingdom of the Netherlands and of the Federal Republic of Germany not to apply point 4.2.5.1. Radio communications with the train and point 4.2.8. Key Management of the Annex to Regulation EU 2016/919 to eight trainsets FLIRT3 EMU3 Limburg MS L-435, is accepted, subject to the conditions set out in Article 2.
