|
Official Journal |
EN Series L |
|
2024/471 |
22.2.2024 |
DECISION OF THE EEA JOINT COMMITTEE No 248/2021
of 24 September 2021
amending Annex XIII (Transport) to the EEA Agreement [2024/471]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
Whereas:
|
(1) |
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 (1) is to be incorporated into the EEA Agreement. |
|
(2) |
Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail (2) is to be incorporated into the EEA Agreement. |
|
(3) |
Commission Regulation (EU) 2019/554 of 5 April 2019 amending Annex VI to Directive 2007/59/EC of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the Community (3) is to be incorporated into the EEA Agreement. |
|
(4) |
Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006 (4) is to be incorporated into the EEA Agreement. |
|
(5) |
Commission Delegated Regulation (EU) 2018/761 of 16 February 2018 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012 (5) is to be incorporated into the EEA Agreement. |
|
(6) |
Commission Delegated Regulation (EU) 2018/762 of 8 March 2018 establishing common safety methods on safety management system requirements pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulations (EU) No 1158/2010 and (EU) No 1169/2010 (6) is to be incorporated into the EEA Agreement. |
|
(7) |
Commission Implementing Regulation (EU) 2017/6 of 5 January 2017 on the European Rail Traffic Management System European deployment plan (7) is to be incorporated into the EEA Agreement. |
|
(8) |
Commission Implementing Regulation (EU) 2018/278 of 23 February 2018 amending the Annex to Regulation (EU) No 1305/2014 as regards the structure of the messages, data and message model, Wagon and Intermodal Unit Operating Database, and to adopt an IT standard for the communication layer of the Common Interface (8) is to be incorporated into the EEA Agreement. |
|
(9) |
Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (9) is to be incorporated into the EEA Agreement. |
|
(10) |
Commission Implementing Regulation (EU) 2018/763 of 9 April 2018 establishing practical arrangements for issuing single safety certificates to railway undertakings pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council, and repealing Commission Regulation (EC) No 653/2007 (10) is to be incorporated into the EEA Agreement. |
|
(11) |
Commission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment (11) is to be incorporated into the EEA Agreement. |
|
(12) |
Commission Implementing Regulation (EU) 2018/867 of 13 June 2018 laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways (12) is to be incorporated into the EEA Agreement. |
|
(13) |
Commission Implementing Regulation (EU) 2018/868 of 13 June 2018 amending Regulation (EU) No 1301/2014 and Regulation (EU) No 1302/2014 as regards provisions on energy measuring system and data collecting system (13) is to be incorporated into the EEA Agreement. |
|
(14) |
Commission Implementing Regulation (EU) 2019/250 of 12 February 2019 on the templates for ‘EC’ declarations and certificates for railway interoperability constituents and subsystems, on the model of declaration of conformity to an authorised railway vehicle type and on the ‘EC’ verification procedures for subsystems in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 201/2011 (14) is to be incorporated into the EEA Agreement. |
|
(15) |
Commission Implementing Regulation (EU) 2019/772 of 16 May 2019 amending Regulation (EU) No 1300/2014 as regards inventory of assets with a view to identifying barriers to accessibility, providing information to users and monitoring and evaluating progress on accessibility (15) is to be incorporated into the EEA Agreement. |
|
(16) |
Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU (16) is to be incorporated into the EEA Agreement. |
|
(17) |
Commission Implementing Regulation (EU) 2019/774 of 16 May 2019 amending Regulation (EU) No 1304/2014 as regards application of the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ to the existing freight wagons (17) is to be incorporated into the EEA Agreement. |
|
(18) |
Commission Implementing Regulation (EU) 2019/775 of 16 May 2019 amending Regulation (EU) No 454/2011 as regards Change Control Management (18) is to be incorporated into the EEA Agreement. |
|
(19) |
Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474 (19) is to be incorporated into the EEA Agreement. |
|
(20) |
Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU (20) is to be incorporated into the EEA Agreement. |
|
(21) |
Commission Implementing Regulation (EU) 2019/778 of 16 May 2019 amending Regulation (EU) No 1305/2014 as regards Change Control Management (21) is to be incorporated into the EEA Agreement. |
|
(22) |
Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011 (22) is to be incorporated into the EEA Agreement. |
|
(23) |
Commission Implementing Regulation (EU) 2020/387 of 9 March 2020 amending Regulations (EU) No 321/2013, (EU) No 1302/2014 and (EU) 2016/919 as regards the extension of the area of use and transition phases (23) is to be incorporated into the EEA Agreement. |
|
(24) |
Commission Implementing Regulation (EU) 2020/424 of 19 March 2020 on submitting information to the Commission as regards non-application of technical specifications for interoperability in accordance with Directive (EU) 2016/797 (24) is to be incorporated into the EEA Agreement. |
|
(25) |
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 Union (recast) (25) is to be incorporated into the EEA Agreement. |
|
(26) |
Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (recast) (26), as corrected by OJ L 59, 7.3.2017, p. 41 and by OJ L 317, 9.12.2019, p. 114, is to be incorporated into the EEA Agreement. |
|
(27) |
Commission Directive 2014/38/EU of 10 March 2014 amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council as far as noise pollution is concerned (27) is to be incorporated into the EEA Agreement. |
|
(28) |
Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (28) is to be incorporated into the EEA Agreement. |
|
(29) |
Regulation (EU) No 1305/2014 repeals Commission Regulation (EC) No 62/2006 (29), which is incorporated in the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(30) |
Regulation (EU) 2016/796 repeals Regulation (EC) No 881/2004 (30), which is incorporated in the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(31) |
Delegated Regulation (EU) 2018/761 repeals Commission Regulation (EU) No 1077/2012 (31), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(32) |
Delegated Regulation (EU) 2018/762 repeals, with effect from 16 June 2025, Commission Regulations (EU) No 1158/2010 (32) and (EU) No 1169/2010 (33), which are incorporated into the EEA Agreement and which are consequently to be repealed under the EEA Agreement with effect from 16 June 2025. |
|
(33) |
Implementing Regulation (EU) 2018/763 repeals Commission Regulation (EC) No 653/2007 (34), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(34) |
Implementing Decision (EU) 2018/1614 repeals Commission Decision 2007/756/EC (35), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(35) |
Implementing Regulation (EU) 2019/250 repeals Commission Regulation (EU) No 201/2011 (36), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(36) |
Implementing Regulation (EU) 2019/773 repeals, with effect from 16 June 2024, Commission Decision 2012/757/EU (37), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement with effect from 16 June 2024. |
|
(37) |
Implementing Regulation (EU) 2019/777 repeals Commission Implementing Decision 2014/880/EU (38), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(38) |
Implementing Regulation (EU) 2019/779 repeals Commission Regulation (EU) No 445/2011 (39), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(39) |
Directive (EU) 2016/797 repeals Directive 2008/57/EC of the European Parliament and of the Council (40), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(40) |
Directive (EU) 2016/798 repeals Directive 2004/49/EC of the European Parliament and of the Council (41), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
|
(41) |
Annex XIII to the EEA Agreement should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex XIII to the EEA Agreement shall be amended as follows:
|
(1) |
The following is added in point 4a (Regulation (EC) No 1370/2007 of the European Parliament and of the Council): ‘, as amended by:
|
|
(2) |
The following is added in point 37ai (Commission Regulation (EU) No 1304/2014): ‘, as amended by:
|
|
(3) |
The following adaptations are added in point 37ai (Commission Regulation (EU) No 1304/2014):
|
|
(4) |
The following indent is added in point 37d (Directive 2008/57/EC of the European Parliament and of the Council):
|
|
(5) |
The following indent is added in point 37da (Commission Decision 2007/756/EC):
|
|
(6) |
The following indent is added in points 37dba (Commission Regulation (EU) No 1303/2014), 37i (Commission Regulation (EU) 2016/919) and 37n (Commission Regulation (EU) No 321/2013):
|
|
(7) |
The following indent is added in point 37dj (Commission Regulation (EU) No 454/2011):
|
|
(8) |
The following is added in points 37dk (Commission Implementing Decision 2011/665/EU) and 37o (Commission Regulation (EU) No 1299/2014): ‘, as amended by:
|
|
(9) |
The following is added in points 37dn (Commission Regulation (EU) No 1301/2014) and 37do (Commission Regulation (EU) No 1302/2014): ‘, as amended by:
|
|
(10) |
The following indent is added in points 37do (Commission Regulation (EU) No 1302/2014), 37i (Commission Regulation (EU) 2016/919) and 37n (Commission Regulation (EU) No 321/2013):
|
|
(11) |
The text of point 37h (Commission Regulation (EC) No 62/2006) is replaced by the following: ‘ 32014 R 1305: Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006 (OJ L 356, 12.12.2014, p. 438), as amended by:
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation: The following paragraph shall be added after Section 7.1.4.(3) of the Annex:
|
|
(12) |
The following point is inserted after point 37ia (Commission Decision 2012/463/EU):
|
|
(13) |
The following is added in point 37ma (Commission Regulation (EU) No 1300/2014): ‘, as amended by:
|
|
(14) |
The following is inserted after point 37o (Commission Regulation (EU) No 1299/2014):
The provisions of the Directive shall, for the purposes of this Agreement be read with the following adaptations:
The provisions of the Regulation shall, for the purposes of this Agreement be read with the following adaptation: In Articles 8(1) and 10(1), the words “, Icelandic and Norwegian” shall be added after the words “the official languages of the Union”.
|
|
(15) |
The text of point 42f (Regulation (EC) No 881/2004 of the European Parliament and of the Council) is replaced by the following: ‘ 32016 R 0796: 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). The provisions of the Regulation shall, for the purposes of this Agreement be read with the following adaptations:
|
|
(16) |
The following is inserted after point 42f (Regulation (EU) 2016/796 of the European Parliament and of the Council):
|
|
(17) |
The following indent is added in point 42g (Directive 2007/59/EC of the European Parliament and of the Council):
|
|
(18) |
The following is inserted after point 42h (Regulation (EC) No 1371/2007 of the European Parliament and of the Council):
|
|
(19) |
The texts of points 37d (Directive 2008/57/EC of the European Parliament and of the Council), 37dm (Commission Implementing Decision 2014/880/EU), 37df (Commission Regulation (EU) No 201/2011), 42e (Directive 2004/49/EC of the European Parliament and of the Council), 42ea (Commission Regulation (EC) No 653/2007), 42eg (Commission Regulation (EU) No 445/2011) and 42eh (Commission Regulation (EU) No 1077/2012) are deleted. |
|
(20) |
The text of point 37da (Commission Decision 2007/756/EC) is deleted. |
|
(21) |
The text of point 37dl (Commission Decision 2012/757/EU) shall be deleted with effect from 16 June 2024. |
|
(22) |
The text of points 42ee (Commission Regulation (EU) No 1169/2010) and 42ef (Commission Regulation (EU) No 1158/2010) shall be deleted with effect from 16 June 2025. |
Article 2
The texts of Regulations (EU) 2016/796, (EU) 2016/2338, (EU) 2019/554 and (EU) No 1305/2014, Commission Delegated Regulations (EU) 2018/761 and (EU) 2018/762, Commission Implementing Regulations (EU) 2017/6, (EU) 2018/278, (EU) 2018/545, (EU) 2018/763, (EU) 2018/764, (EU) 2018/867, (EU) 2018/868, (EU) 2019/250, (EU) 2019/772, (EU) 2019/773, (EU) 2019/774, (EU) 2019/775, (EU) 2019/776, (EU) 2019/777, (EU) 2019/778, (EU) 2019/779, (EU) 2020/387, (EU) 2020/424, Directives (EU) 2016/797 and (EU) 2016/798, as corrected by OJ L 59, 7.3.2017, p. 41 and by OJ L 317, 9.12.2019, p. 114, Commission Directive 2014/38/EU and Commission Implementing Decision (EU) 2018/1614, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 25 September 2021, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1), or on the day of the entry into force of Decision of the EEA Joint Committee No 247/2021 of 24 September 2021 (42), whichever is the later.
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 24 September 2021.
For the EEA Joint Committee
The President
Rolf Einar FIFE
(1) OJ L 138, 26.5.2016, p. 1.
(2) OJ L 354, 23.12.2016, p. 22.
(4) OJ L 356, 12.12.2014, p. 438.
(5) OJ L 129, 25.5.2018, p. 16.
(6) OJ L 129, 25.5.2018, p. 26.
(8) OJ L 54, 24.2.2018, p. 11.
(10) OJ L 129, 25.5.2018, p. 49.
(11) OJ L 129, 25.5.2018, p. 68.
(12) OJ L 149, 14.6.2018, p. 3.
(13) OJ L 149, 14.6.2018, p. 16.
(14) OJ L 42, 13.2.2019, p. 9.
(15) OJ L 139 I , 27.5.2019, p. 1.
(16) OJ L 139 I, 27.5.2019, p. 5.
(17) OJ L 139 I, 27.5.2019, p. 89.
(18) OJ L 139 I, 27.5.2019, p. 103.
(19) OJ L 139 I, 27.5.2019, p. 108.
(20) OJ L 139 I, 27.5.2019, p. 312.
(21) OJ L 139 I, 27.5.2019, p. 356.
(22) OJ L 139 I, 27.5.2019, p. 360.
(23) OJ L 73, 10.3.2020, p. 6.
(24) OJ L 84, 20.3.2020, p. 20.
(25) OJ L 138, 26.5.2016, p. 44.
(26) OJ L 138, 26.5.2016, p. 102.
(27) OJ L 70, 11.3.2014, p. 20.
(28) OJ L 268, 26.10.2018, p. 53.
(29) OJ L 13, 18.1.2006, p. 1.
(30) OJ L 164, 30.4.2004, p. 1.
(31) OJ L 320, 17.11.2012, p. 3.
(32) OJ L 326, 10.12.2010, p. 11.
(33) OJ L 327, 11.12.2010, p. 13.
(34) OJ L 153, 14.6.2007, p. 9.
(35) OJ L 305, 23.11.2007, p. 30.
(37) OJ L 345, 15.12.2012, p. 1.
(38) OJ L 356, 12.12.2014, p. 489.
(39) OJ L 122, 11.5.2011, p. 22.
(40) OJ L 191, 18.7.2008, p. 1.
(41) OJ L 164, 30.4.2004, p. 44.
(*1) Constitutional requirements indicated.
(42) OJ L, 2024/469, 22.2.2024, ELI: http://data.europa.eu/eli/dec/2024/469/oj
Joint Declaration by the Contracting Parties to Decision of the Joint Committee No 248/2021 of 24 September 2021 incorporating 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 into the EEA Agreement
Bearing in mind the two pillar system of the EEA Agreement and with regard to the transfer of power to the European Union Agency for Railways to issue vehicle authorisations and single safety certificates, and approve European Rail Traffic Management System trackside equipment projects, for applicants in the EFTA States, as well as the arbitration procedure provided for in disputes between national safety authorities of the EFTA States and the European Union Agency for Railways, the Contracting Parties recognise that this solution does not create a precedence for future adaptations of EU acts to be incorporated into the EEA Agreement.
ELI: http://data.europa.eu/eli/dec/2024/471/oj
ISSN 1977-0677 (electronic edition)