Commission Regulation (EU) No 1236/2013 of 2 December 2013 concerning the technical specification for interoperability relating to the subsystem ‘rolling stock — freight wagons’ of the rail system in the European Union and amending Regulation (EU) No 321/2013 Text with EEA relevance

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 6(1) thereof,

Whereas:

(1) Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency (2) requires the European Railway Agency (hereinafter ‘the Agency’) to ensure that the technical specifications for interoperability (hereinafter ‘the TSIs’) are adapted to technical progress, market trends and social requirements and to propose to the Commission the amendments to the TSIs which it considers necessary.

(2) By Decision C(2007) 3371 of 13 July 2007, the Commission gave the Agency a framework mandate to perform certain activities under Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (3) and Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system (4). Under the terms of that framework mandate, the Agency was requested to revise the TSI on freight wagons.

(3) On 25 March 2013, the Agency issued a recommendation on amendments to the TSI on freight wagons (ERA/REC/01-2013/INT).

(4) It is therefore necessary to amend Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification for interoperability relating to the subsystem ‘rolling stock — freight wagons’ of the rail system in the European Union (5).

(5) The measures provided for in this Regulation are in conformity with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 321/2013 is amended as follows:

(1) Article 8(4) is replaced by the following: ‘4.   After a transitional period of one year following the entry into force of this Regulation, newly produced interoperability constituents of “rear-end signals”, shall be covered by the required EC declaration of conformity.’;

(2) the Annex is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 January 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 December 2013.

For the Commission The President José Manuel BARROSO

(1) OJ L 191, 18.7.2008, p. 1.

(2) OJ L 164, 30.4.2004, p. 1.

(3) OJ L 235, 17.9.1996, p. 6.

(4) OJ L 110, 20.4.2001, p. 1.

(5) OJ L 104, 12.4.2013, p. 1.