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 (Text with EEA relevance.)

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 5(11) thereof,

Whereas:

(1) Article 19 of Regulation (EU) 2016/796 of the European Parliament and of the Council (2) requires the European Union Agency for Railways (the ‘Agency’) to address recommendations to the Commission on the technical specifications for interoperability (‘TSIs’) and their revision, in accordance with Article 5 of Directive (EU) 2016/797, and to ensure that TSIs are adapted to technical progress, market trends and social requirements.

(2) Article 3(5)(c) of Commission Delegated Decision (EU) 2017/1474 (3) requires TSIs to be reviewed in order to close the remaining open points.

(3) On 22 September 2017, the Commission requested the Agency to issue recommendations pursuant to Article 5 paragraph 2 of Directive (EU) 2016/797 for the revision of the TSIs relating to the ‘energy’ subsystem of the rail system in the Union (‘ENE TSI’), and the TSI relating to the ‘rolling stock — locomotives and passenger rolling stock’ subsystem of the rail system in the Union (‘LOC&PAS TSI’).

(4) The Annex to Commission Regulation (EU) No 1301/2014 (4) should be amended in order to close the open point addressing the specification related to interface protocols between energy measuring system (‘EMS’) and data collecting system and to improve the clarity of the text.

(5) The Annex to Commission Regulation (EU) No 1302/2014 (5) related to EMS should be amended in order to ensure coherence between the two TSIs.

(6) On 4 October 2017, the Agency issued a recommendation on the amendments to the Regulation (EU) No 1301/2014.

(7) On 14 November 2017, the Agency issued a recommendation on the amendments to the Regulation (EU) No 1302/2014, covering among others the provisions related to EMS.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 51(1) of Directive (EU) 2016/797,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 1301/2014 is amended as follows:

(1) the last sentence in recital 6 is deleted;

(2) Article 3 is deleted;

(3) in Article 9, paragraph 4 is replaced by the following: ‘4.   In addition to the implementation of the on-ground energy data collecting system (DCS) defined in point 7.2.4 of the Annex and without prejudice to provisions of point 4.2.8.2.8 of the Annex to Commission Regulation (EU) No 1302/2014(1), Member States shall ensure that an on-ground settlement system capable to receive data from a DCS and accept it for billing is implemented by 4 July 2020. The on-ground settlement system shall be able to exchange compiled energy billing data (CEBD) with other settlement systems, validate the CEBD and allocate the consumption data to the correct parties. This shall be done by taking into account the relevant legislation concerning the energy market. (1)  Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the ‘rolling stock — locomotives and passenger rolling stock’ subsystem of the rail system in the European Union (See page 228 of this Official Journal).’;"

(4) the Annex to Regulation (EU) No 1301/2014 is amended in accordance with the Annex I to this Implementing Regulation.

Article 2

The Annex to Regulation (EU) No 1302/2014 is amended in accordance with Annex II to this Implementing Regulation.

Article 3

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

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

Done at Brussels, 13 June 2018.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 138, 26.5.2016, p. 44.

(2) 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).

(3) Commission Delegated Decision (EU) 2017/1474 of 8 June 2017 supplementing Directive (EU) 2016/797 of the European Parliament and of the Council with regard to specific objectives for the drafting, adoption and review of technical specifications for interoperability (OJ L 210, 15.8.2017, p. 5).

(4) Commission Regulation (EU) No 1301/2014 of 18 November 2014 on the technical specifications for interoperability relating to the ‘energy’ subsystem of the rail system in the Union (OJ L 356, 12.12.2014, p. 179).

(5) Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the ‘rolling stock — locomotives and passenger rolling stock’ subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 228).