(Recast)
(Text with EEA relevance) Page 7 of 45

CHAPTER I - GENERAL PROVISIONS

Article 1 (Purpose and scope)

This Directive sets out to establish the conditions to be met to achieve interoperability within the Community rail system in a manner compatible with the provisions of Directive 2004/49/EC. These conditions concern the design, construction, placing in service, upgrading, renewal, operation and maintenance of the parts of this system as well as the professional qualifications and health and safety conditions of the staff who contribute to its operation and maintenance.

The pursuit of this objective must lead to the definition of an optimal level of technical harmonisation and make it possible to:
(a)facilitate, improve and develop international rail transport services within the European Union and with third countries;
(b)contribute to the progressive creation of the internal market in equipment and services for the construction, renewal, upgrading and operation of the rail system within the Community;
(c)contribute to the interoperability of the rail system within the Community.

1 . . .

2 . . .

3. Member States may exclude from the measures they adopt in implementation of this Directive:

(a) metros, trams and other light rail systems;

(b) networks that are functionally separate from the rest of the railway system and intended only for the operation of local, urban or suburban passenger services, as well as railway undertakings operating solely on these networks;

(c) privately owned railway infrastructure and vehicles exclusively used on such infrastructure that exist solely for use by the owner for its own freight operations;

(d) infrastructure and vehicles reserved for a strictly local, historical or touristic use.

Article 1(3)(b): networks (infrastructure) that are functionally separate from the rest of the rail system and intended only for the operation of local, urban or suburban passenger services and railway undertakings (and their vehicles) operating on such networks

Island Line: Isle of Wight (Ryde to Shanklin)

Article 1(3)(d): infrastructure and vehicles reserved for a strictly local use

Vehicles only

Parry People Mover (vehicles only)

Class 08 (0-6-0) shunters (built by BR)

Class 09 (0-6-0) shunters (built by BR)

Infrastructure only

St Ives – St Erth

Looe Valley: Liskeard - Looe

Tamar Valley: St Budeaux - Gunnislake

St Albans Abbey: Watford Junction – St Albans Abbey

Penistone – Barnsley - Huddersfield

Esk Valley: Middlesbrough - Whitby

Tarka Line: Barnstaple to Cowley Bridge Jnc

Maritime Line: Falmouth to Truro September

Source: House or Commons Standard note by Louise Butcher from House of Commons Library
Railways: EU policy
Standard Note: SN/BT/184
Last updated: 3 March 2010

Directive 96/48/EC of 23 July 1996 on the interoperability of the European high-speed train network came into force on 16 May 2002. The aim of the Directive was to make it easier for train operators to use the systems in other Member States by ensuring infrastructures, equipment and rolling stock were all compatible and also to assist the EC railway manufacturing industry by the adoption of common standards. It was made clear that the proposal did not require interoperability from every point in the network to every other point in the network, but only where necessary for the operation of international services over the network.

Update 24th March

"I have read Rogers issues, but the 2008 EU directive that I have, which is still not adopted by the UK, does not say (infrastucture) next to networks in article 1(3)(b).

The DRAFT UK list of exclusions does say "networks(infrastructure)" and excludes the Isle of Wight ONLY under this article1(3)(B). This is not UK law yet, and I would be very surprised if the UK Gov't would try to change a definition contained in the Directive.

The Tamar Valley line is excluded from infrastructure under this UK draft under article 1(3)(D) BUT the EU directive specifically separates "infrastructure" from "control-command and signalling" in Annex 11 (Sub systems) , as did the previous 2001/4 directives which are the ones adopted by the UK at present and quoted by Network Rail." Bill

Dear Bill

The only issue here is that the UK Draft document appends the word Infrastructure in brackets after Network, presumably to acknowledge the change in word.

The underlying legislation has not changed.

The purpose of the UK Draft is to define the parts of the network,(infrastructure) that are excluded from the legislation as they are not part of either the High-speed or Conventional networks. Whether some wishes to call parts of the Tamar Valley line sub systems of a larger infrastructure of the local railway network is irrelevant. The meaning and intention is to clarify to UK operators and to lodge with the bureaucrats in Brussels, those areas in the UK network of rail systems, infrastructures or networks that are not subject to the legislation.

Anyway both the 2004 and the 2008 Directives clearly state that although there may be many sub sections and more can be added, telecommunications and tracking and navigation systems are part of the network read (infrastructure).

DIRECTIVE 2008/57/EC

Annex I :Scope
1. Trans-European conventional rail system

1.1. Network
....

This network includes traffic management, tracking and navigation systems, technical installations for data processing and telecommunications intended for long-distance passenger services and freight services on the network in order to guarantee the safe and harmonious operation of the network and efficient traffic management.

DIRECTIVE 2004/50/EC
Annex III

THE TRANS-EUROPEAN CONVENTIONAL RAIL SYSTEM
1. THE INFRASTRUCTURE

....
This infrastructure includes traffic management, tracking, and navigation systems: technical installations for data processing and telecommunications intended for long-distance passenger services and freight services on the network in order to guarantee the safe and harmonious operation of the network and efficient traffic management.

That Annex II defines Sub systems does not detract from the overall meaning of infrastructure when applied to the previous declaration.

Infrastructure is any structure than can be separated from a larger one that is dependent upon it. There can be, and more often than not are, infrastructures within infrastructures, systems or sub-systems within each other.

As the Tamar Valley Line is exempt, it not being included in either the Conventional or High-speed networks to which this legislation applies, the exact terms used to define parts of the Trans EU Interoperability Rail Network are irrelevant to this line.

The majority of the UK rail infrastructure is managed by Network Rail and there is provision for national governments to list parts of railway infrastructure (domestic for example) to assist network infrastructure managers in deciding what parts and sub parts are subject to the legislation. This is again different for the rolling stock as this is managed separately.

LEGISLATION SCOPE

Interoperability is being applied, by means of the Regulations[2] to the UK part of the High Speed rail system and the Conventional Trans-European rail system. This includes the infrastructure, and all rail vehicles - passenger, freight, locomotives, and maintenance - that use those systems. The Regulations do not apply to the remainder of the heavy rail UK rail system, or to other systems such as metros and light rail. ....


Network Rail is the infrastructure manager for the majority of the mainland network, comprising approximately 30100 track kilometres, of which approximately 70% is on the Trans European Network and the remainder domestic railway outwith the scope of the Regulations;

You may like to avail yourself of the map that delineates those parts of the network that are subject to the legislation being either High-speed and Conventional lines and those that are domestic and hence do not.

The exemption speaks in terms of infrastructure so as to acknowledge that
rolling stock may pass from domestic to High-speed or Conventional etc. Signalling is part of the rail network infrastructure. Roger