title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Commission 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

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 16.5.2019

               amending Commission 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

               (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)Pursuant to Article 7 of Commission Regulation (EU) No 1300/2014
                  2
               , chapter 7 of the Annex of Commission Regulation (EU) No 1300/2014 is to be amended in order to specify the characteristics of the inventory of assets, including the content, data format, functional and technical architecture, operating mode, rules for data input and consultation, and rules for self-assessment and designation of the entities responsible for data provision.

               (2)Pursuant to Article 5(1) of Regulation (EU) 2016/796 of the European Parliament and of the Council
                  3
                and Article 7(2) of Commission Regulation (EU) 1300/2014 a working party was established in order to make a proposal for a recommendation as regards the minimum structure and content of data to be collected for the inventory of assets with a view to identifying barriers to accessibility, providing information to users and monitoring and evaluating progress on accessibility. That working party completed its work in May 2017, and as a result, the Agency finalised the recommendation ERA-REC-128 for amending Commission Regulation (EU) No 1300/2014.

               (1)The Inventory of Assets is a static tool indicating the existence of the equipment and is therefore not intended to provide information on the status and functioning of the equipment.

               (4)Where a station, or elements thereof, undergoes an upgrade, renewal or any work foreseen by a national implementation plan in accordance with Article 8 of Commission Regulation (EU) 1300/2014, the information related to the compliance of that work with Commission Regulation (EU) 1300/2014 of the station, or elements thereof, should be collected.

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

               HAS ADOPTED THIS REGULATION:

               Article 1

               Commission Regulation (EU) No 1300/2014 is amended as follows:

               (1)The following Article 7a is inserted after Article 7

               "Article 7a

               Collection, maintenance and exchange of accessibility data

               1.Within nine months after [please insert the date of entry into force of this Regulation], each Member State shall decide which entities are in charge of collecting, maintaining and exchanging the accessibility data.

               2.Member States may ask the Commission for an extension of the time limit. This extension shall be exceptional, duly justified and limited in time. In particular it is considered to be justified if the data collection tool and the operating modes as set out in the Annex of this regulation are not made available and fully operational by the European Union Agency for Railways two months following its entry into force.

               3.For each station, there shall be an entity responsible for exchanging the accessibility data.

               4.Collection and conversion of data shall be finalised within 36 months following the entry into force of this Regulation.

               5.Until the architecture for data exchange described in sections 7.2, 7.3 and 7.4 of Annex I to Commission Regulation (EU) No 454/2011
                  4
                is completely operational, the exchange of the accessibility data shall consist of transfer of that data to the European Railway Stations Accessibility Database (ERSAD) hosted by the European Union Agency for Railways. "

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

               Article 2

               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, 16.5.2019

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 138, 26.5.2016, p. 44.

                     (2)

                        Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility, OJ L 356, 12.12.2014, p. 110

                     (3)

                        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

                     (4)

                        Commission Regulation (EU) No 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system, OJ L 123, 12.5.2011, p. 11.

    ---documentbreak---

               ANNEX

               The Annex to Regulation (EU) No 1300/2014 is amended as follows:

               (1)In Chapter 2, section 2.3, the following paragraph is inserted after the first sentence:

               'Accessibility data:

               Accessibility data consists of the information related to the accessibility of passenger railway stations that needs to be collected, maintained and exchanged, that is to say, of a description of the characteristics and equipment of the passenger railway stations. Where relevant that description is complemented by the information regarding the stations' state of conformity to this TSI.'

               (2)In Chapter 7, section 7.2, sub-section 7.2.1, the following sub-sections are inserted:

               '7.2.1.1. Inventory of assets – infrastructure

               7.2.1.1.1. Functional and technical architecture

               The functions of the inventory of assets consist of:

               (1)identifying the existing obstacles and barriers to accessibility;

               (2)providing practical information to users;

               (3)monitoring and evaluating progress on accessibility.

               The architecture for the exchange of accessibility data is provided for in Regulation (EU) No 454/2011 (TAP TSI).

               The following standards shall apply for the formatting and exchange of accessibility data:

               (1)CEN/TS 16614-1:2014 Public transport - Network and Timetable Exchange (NeTEx) - Part 1: Public transport network topology exchange format
                  2014-05-14

               (2)EN 12896-1:2016 Public transport. Reference data model. Common concepts (Transmodel)

               For the intended particular usage, a harmonised specific transmodel profile as is provided for in the technical documents referred to in Appendix O, index 1.

               7.2.1.1.2 Rules for the input and self-assessment of accessibility data

               The rules for the input and self-assessment of accessibility data shall be the following:

               (1)entities that collect the accessibility data relative to assets need not be independent from the daily management of those assets;

               (2)during the first collection of accessibility data pursuant to the entry into force of Commission Implementing Regulation (EU) …/...
                  1
                [OP, please insert the number of this Amending Act], the state of conformity of stations to this TSI may be inventoried as unassessed;

               (3)where a station, or elements thereof, undergoes an upgrade, renewal work or any type of work foreseen by a national implementation plan for this TSI, the corresponding accessibility data shall be updated, including the state of conformity to this TSI, where relevant;

               (4)the state of conformity to this TSI may be updated on the basis of an ISV as described in point 6.2.4 of this TSI;

               (5)the working order of the equipment does not need to be inventoried.

               A data collection tool, the operating modes of which are described in the technical documents referred to in Appendix O, index 2, shall be made available by the Commission.

               Alternatively, where structured accessibility data exist and may be converted to the harmonised profile, those data may be transferred after conversion. The methodology for the conversion of existing accessibility data and the communication protocol are provided for in the technical documents referred to in Appendix O, index 3.

               7.2.1.1.3 Rules for consultation

               From the ERSAD:

               (1)the public shall be able to access information from a public website hosted by the European Union Agency for Railways;

               (2)registered national authorities shall be able to retrieve all accessibility data that are relevant to the Member State;

               (3)the Commission and the Agency shall be able to retrieve all accessibility data.

               The ERSAD database hosted by the Agency shall not be linked to other database(s).

               7.2.1.1.4 Rules for the management of user feedback

               Feedback from users may take the form of:

               (1)institutional feedback from users associations, including organisations representing persons with disabilities: existing structures may be used as long as they include representatives from organisations of persons with disabilities and persons with reduced mobility and reflect the situation at an appropriate level,   not necessarily at a national level. The procedure for giving user feedback shall be organised so as to permit the participation of those organisations on an equal basis;

               (2)individual feedback: website visitors shall be provided with the possibility to report incorrect information about accessibility data regarding a particular station and get an acknowledgement that their comment has been received.

               In both situations, the feedback from users shall be adequately considered by the entity(ies) responsible for collecting, maintaining and exchanging the data.'

               (3)The following Appendix is added:

               'Appendix O – List of technical documents

                        Index No°

                        Label

                        1

                        Harmonised specific Network and Timetable Exchange (NeTEx) profile used for the description of stations.

                        2

                        Data collection tool operating modes

                        3

                        Methodology for the conversion of existing accessibility data including description of the external interface and of the communication protocol.

                     (1)

                        [Commission Implementing Regulation (EU) …/… amending Commission 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, OJ xxx]


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Commission Regulation (EU) No 1305/2014 as regards Change Control Management

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 16.5.2019

               amending Commission Regulation (EU) No 1305/2014 as regards Change Control Management

               (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 13 of Commission Delegated Decision (EU) 2017/1474
                  3
                requires the Section 7.2 of the Annex to Commission Regulation (EU) No 1305/2014
                  4
                to be amended for specifying the modified change control procedure for the TAF TSI.

               (3)According to Article 5 of Regulation (EU) 2016/796, a working party has been established for making a proposal for a recommendation as regards the changes of the section 7.2 of the TSI TAF.

               (4)On 20 April 2018, the Agency addressed a recommendation to the Commission on the revision of section 7.2 of the Annex to Commission Regulation No 1305/2014.

               (5)Section 7.2 of of the Annex to Commission Regulation No 1305/2014 related to TAF TSI should be amended accordingly.

               (6)The list of the relevant technical documents referenced in TAF TSI should be updated.

               (7)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

               Section 7.2 of the Annex to Commission Regulation (EU) No 1305/2014 is replaced by Annex 1 to this Regulation.

               Article 2

               Appendix 1 of Commission Regulation (EU) No 1305/2014 (TAF TSI) is replaced by the text in Annex 2 to this 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, 16.5.2019

                     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) 881/2004 (OJ L 138, 26.5.2016, p. 1)

                     (3)

                        Commission Delegated Decision (EU) 2017/1474 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 L210, 15.8.2017, p.5)

                     (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 (OJ L 356, 12.12.2014, p. 438).

    ---documentbreak---

               ANNEX 1

               Section 7.2 of the Annex to Commission Regulation (EU) No 1305/2014 is replaced by the following:

               "7.2. Change Management

               7.2.1. Change Management Process

               Change management procedures shall be designed to ensure that the costs and benefits of change are properly analysed and that changes are implemented in a controlled way. These procedures shall be defined, put in place, supported and managed by the Agency and shall include:

               ·the identification of the technical constraints underpinning the change,

               ·a statement of who takes responsibility for the change implementation procedures,

               ·the procedure for validating the changes to be implemented,

               ·the policy for change management, release, migration and roll-out,

               ·the definition of the responsibilities for the management of the detailed specifications and for both its quality assurance and configuration management.

               The Change Control Board (CCB) shall be composed of the Agency, rail sector representative bodies and Member States. Such an affiliation of the parties shall ensure a perspective on the changes that are to be made and an overall assessment of their implications. The CCB ultimately shall be brought under the aegis of the Agency.

               7.2.2. Specific Change Management Process for documents listed in Appendix I to this Regulation

               The change control management for the documents listed in Appendix I to this Regulation shall be established by the Agency in accordance with the following criteria:

               1.The change requests affecting the documents are submitted either via the Member States or via the representative bodies from the railway sector acting on a European level as defined in Article 38(4) of Regulation (EU) 2016/796, or via the TAF TSI Steering Committee.

               2.The Agency shall gather and store the change requests.

               3.The Agency shall present the change requests to the dedicated ERA working party, which will evaluate them and prepare a proposal accompanied by an economic evaluation, where appropriate.

               4.Afterwards the Agency shall present each change request and the associated proposal to the change control board that will or will not validate or postpone the change request.

               5.If the change request is not validated, the Agency shall send back to the requester either the reason for the rejection or a request for additional information about the draft change request.

               6.If the change request is validated, the technical document shall be amended.

               7.If no consensus about the validation of a change request can be reached, the Agency shall submit to the Commission a recommendation to update the documents listed in Appendix I together with the draft new version of the document, the change requests and their economic evaluation and shall make these documents available on their web site.

               8.The new version of the technical document with the validated change requests shall be made available at the site of the Agency. The Agency will keep the Member States informed via the Committee established in accordance with Article 29(1) of Directive 2008/57/EC.

               9.If a change request would require a change of the legal text of the TAF TSI, the Agency shall send a request to the European commission to request a revision of the TAF TSI and/or request the technical opinion from the Agency.

               Where change control management affects elements which are in common use within the TAP TSI, the changes shall be made so as to remain compliant to the implemented TAP TSI  in order to achieve optimum synergies."

               ANNEX 2

               Appendix I of Commission Regulation (EU) No 1305/2014 is replaced by the following:

               "Appendix I

               List of technical documents

                        No

                        Reference

                        Title

                        1

                        ERA-TD-100

                        TAF TSI - ANNEX A.5:FIGURES AND SEQUENCE DIAGRAMS OF THE TAF TSI MESSAGES

                        2

                        ERA-TD-101

                        Annex D.2: Appendix A (Wagon/ILU Trip Planning)

                        3

                        ERA-TD-102

                        Annex D.2: Appendix B — Wagon and Intermodal Unit Operating

                        Database (WIMO)

                        4

                        ERA-TD-103

                        Annex D.2: Appendix C — Reference Files

                        5

                        ERA-TD-104

                        Annex D.2: Appendix E — Common Interface

                        6

                        ERA-TD-105

                        Annex D.2: Appendix F — TAF TSI Data and Message Model

               "


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Commission Regulation (EU) No 454/2011 as regards Change Control Management

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 16.5.2019

               amending Commission Regulation (EU) No 454/2011 as regards Change Control Management

               (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 14 of Commission Delegated Decision (EU) 2017/1474
                  3
                requires section 7.5 of Annex I to Commission Regulation (EU) No 454/2011 to be amended for specifying the modified change control procedure for the TAP TSI.

               (3)In accordance with Article 5 of Regulation (EU) 2016/796, a working party has been established for making a proposal for a recommendation as regards the changes of the section 7.5 of the TAP TSI.

               (4)On 20 April 2018, the Agency  addressed  a recommendation to the Commission on the revision of section 7.5  of Regulation 454/2011 (TAP TSI)

               (5)Section 7.5 of Annex I to Commission Regulation (EU) No 454/2011
                  4
                related to TAP TSI should be amended accordingly.

               (6)The list of the relevant technical documents referenced in TAP TSI should be updated.

               (7)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

               Section 7.5 of Annex I to Commission Regulation (EU) No 454/2011 is replaced by the text in Annex 1 to this Regulation.

               Article 2

               Annex III to Commission Regulation (EU) No 454/2011 (TAP TSI) is replaced by the text in Annex 2 to this 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, 16.5.2019

                     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) 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 454/2011 of 5 May 2011 on the technical specification for interoperability relating to the subsystem ‘telematics applications for passenger services’ of the trans-European rail system (OJ L 123, 12.5.2011, p. 11)

    ---documentbreak---

               ANNEX 1

               Section 7.5 of Annex I to Commission Regulation (EU) No 454/2011 is replaced by the following:

               "7.5. Change Management

               7.5.1. Change Management Process

               Change management procedures shall be designed to ensure that the costs and benefits of change are properly analysed and that changes are implemented in a controlled way. These procedures shall be defined, put in place, supported and managed by the Agency and shall include:

               ·the identification of the technical constraints underpinning the change,

               ·a statement of who takes responsibility for the change implementation procedures,

               ·the procedure for validating the changes to be implemented,

               ·the policy for change management, release, migration and roll-out,

               ·the definition of the responsibilities for the management of the detailed specifications and for both its quality assurance and configuration management.

               The Change Control Board (CCB) shall be composed of the Agency, rail sector representative bodies, a ticket vendor representative body, a passenger representative body and Member States. Such an affiliation of the parties shall ensure a perspective on the changes that are to be made and an overall assessment of their implications. The CCB ultimately shall be brought under the aegis of the Agency.

               7.5.2. Specific Change Management Process for documents listed in Annex III to this Regulation

               The change control management for the documents listed in Annex III to this Regulation shall be established by the Agency in accordance with the following criteria:

               1.The change requests affecting the documents are submitted either via the Member States or via the representative bodies from the railway sector acting on a European level as defined in Article 38(4) of Regulation (EU) 2016/796, or the ticket vendors’ representative or via the International Union of Railways (UIC) for error corrections in relation to specifications originally developed by UIC or via the TAP TSI Steering Committee.

               2.The Agency shall gather and store the change requests.

               3.The Agency shall present the change requests to the dedicated ERA working party, which will evaluate them and prepare a proposal accompanied by an economic evaluation, where appropriate.

               4.Afterwards the Agency shall present each change request and the associated proposal to the change control board that will or will not validate or postpone the change request.

               5.If the change request is not validated, the Agency shall send back to the requester either the reason for the rejection or a request for additional information about the draft change request.

               6.If the change request is validated, the technical document shall be amended.

               7.If no consensus about the validation of a change request can be reached, the Agency shall submit to the Commission a recommendation to update the documents listed in Annex III together with the draft new version of the document, the change requests and their economic evaluation and shall make these documents available on their web site.

               8.The new version of the technical document with the validated change requests shall be made available at the site of the Agency. The Agency will keep the Member States informed via the Committee established in accordance with Article 29(1) of Directive 2008/57/EC.

               9.If a change request would require a change of the legal text of the TAP TSI, the Agency shall send a request to the European commission to request a revision of the TAP TSI and/or request the technical opinion from the Agency.

               Where change control management affects elements which are in common use within the TAF TSI, the changes shall be made so as to remain compliant to the implemented TAF TSI  in order to achieve optimum synergies."

               ANNEX 2

               Annex III to Regulation (EU) No 454/2011 is replaced by the following:

               "Annex III

               List of technical documents

                        No

                        Reference

                        Title

                        1

                        B.1

                        Computer generation and exchange of tariff data meant for international or foreign sales - NRT tickets

                        2

                        B.2

                        Computer generation and exchange of tariff data meant for international and foreign sales - Integrated Reservation Tickets (IRT)

                        3

                        B.3

                        Computer generation and exchange of data meant for international or foreign sales - Special offers

                        4

                        B.4

                        Implementation guide for EDIFACT messages covering timetable data exchange

                        5

                        B.5

                        Electronic reservation of seats/berths and electronic production of travel documents - Exchange of messages

                        6

                        B.6

                        Electronic seat/berth reservation and electronic production of transport documents (RCT2 standards)

                        7

                        B.7

                        International Rail ticket for Home Printing

                        8

                        B.8

                        Standard numerical coding for railway undertakings, infrastructure managers and other companies involved in rail-transport chains

                        9

                        B.9

                        Standard numerical coding of locations

                        10

                        B.10

                        Electronic reservation of assistance for persons with reduced mobility — Exchange of messages

                        12

                        B.30

                        Schema - messages/datasets catalogue needed for the RU/IM communication of TAP TSI

               "