Decision 2007/756 - 2007/756/EC: Commission Decision of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (notified under document number C(2007) 5357) - Main contents

COMMISSION DECISION

of 9 November 2007

adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC

(notified under document number C(2007) 5357)

(2007/756/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (1), and in particular Articles 14(4) and (5) thereof,

Having regard to Directive 2001/16/EC of 19 March 2001 of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system (2), and in particular Articles 14(4) and (5) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The common specifications of the National Vehicle Register in accordance with Article 14(5) of Directive 96/48/EC and Article 14(5) of Directive 2001/16/EC, as set out in the Annex, are hereby adopted.

Article 2

When registering vehicles after the entry into force of this Decision, Member States shall use the common specifications laid down in the Annex.

Article 3

Member States shall register existing vehicles as provided for in section 4 of the Annex.

Article 4

• 1. 

  In accordance with Article 14(4)(b) of Directive 96/48/EC and Article 14(4)(b) of Directive 2001/16/EC, Member States shall designate a national body which shall be responsible for the keeping and updating of the National Vehicle Register. This body can be the National Safety Authority of the Member State concerned. Member States shall ensure that these bodies cooperate and share information in order to ensure that data changes are communicated in a timely manner.

• 2. 

  Member States shall inform the Commission and the other Member States, within one year of the entry into force of this decision, of the body designated in accordance with paragraph 1.

Article 5

• 1. 

  Rolling stock placed in service for the first time in Estonia, Latvia or Lithuania and intended to be used outside the European Union as part of common 1 520 mm rail system wagons fleet shall be registered in both the NVR and the Information Database of the Council of Railway Transport of the Commonwealth of Independent States. In this case, the 8-digit numbering system may be applied instead of the numbering system specified in the Annex.

• 2. 

  Rolling stock placed in service for the first time in a third country and intended to be used inside the European Union as part of the common 1 520 mm rail system wagons fleet shall not be registered in the NVR. However, in conformity with article 14(4) of Directive 2001/16/EC, it must be possible to retrieve information listed in Article 14(5)(c), (d) and (e) from the Information Database of the CIS Council of Railway Transport.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 9 November 2007.

For the Commission

Jacques BARROT

Vice-President

• (1) 

  OJ L 235, 17.9.1996, p. 6. Directive as last amended by Commission Directive 2007/32/EC (OJ L 141, 2.6.2007, p. 63).

• (2) 

  OJ L 110, 20.4.2001, p. 1. Directive as last amended by Commission Directive 2007/32/EC).

• (3) 

  OJ L 164, 30.4.2004, p. 1, as corrected by OJ L 220, 21.6.2004, p. 3.

ANNEX

• 1. 

  DATA

The following list presents the proposed data format of the NVR.

The item numbering follows the logic of the proposed standard registration form in Appendix 4.

In addition, field(s) for comments may be added such as identification of vehicles under investigation (see Section 3.4).

• 2. 

  ARCHITECTURE

2.1.   Links with other registers

Several registers are being set up as a consequence of the new EU regulatory regime. The table below summarises which registers and databases might have links with the NVR when they are implemented.

It is not possible to wait for the development of all registers for implementing the NVR. Therefore the specification of the NVR must allow for later interfacing with the other registers. To this end:

The definition of the architecture of the whole system, as well as the links between the NVR and the other registers, will be specified in such a way so as to allow retrieval of the requested information when necessary.

2.2.   The EU global NVR architecture

The NVR registers shall be implemented by means of a decentralised solution. The objective is to implement a search engine on distributed data, using a common software application, which allows Users to retrieve data from all the Local Registers (LR) in the Member States.

NVR data is stored at national level and will be accessible by using a web-based application (with its own web address).

The European Centralised Virtual Vehicle Register (EC VVR) is composed of two subsystems:

Figure 1

EC-VVR architecture

This architecture is based on two complementary subsystems that enable searches on data which are stored locally in all MS and consists of:

The main principles of this architecture are:

This architecture will be implemented through the following steps:

• 3. 

  OPERATING MODE

3.1.   The use of the NVR

The NVR shall be used with the following purposes:

3.2.   Application forms

3.2.1.   Application for registration

The form to be used is in Appendix 4.

The entity applying for a vehicle registration ticks in the box corresponding to ‘New registration’. It then fills in the first part of the form with all the necessary information from item 2 to item 9 & item 11 and then forwards it to the:

3.2.2.   Registering a vehicle and issuing a European Vehicle Number.

In the case of first registration, the RE concerned issues the European Vehicle number.

It is possible to have an individual registration form per vehicle or a single form for a whole set of vehicles of the same series or order attached with a list of the vehicle numbers.

The RE shall take reasonable steps to ensure the accuracy of the data it enters in the NVR. To this end the RE can request information from other REs, in particular when the entity applying for registration in a Member State is not established in that Member State.

3.2.3.   Changing one or more registration item(s)

The entity applying for a change of its vehicle registration item(s):

The use of the standard form might not be sufficient for certain cases. If necessary, the RE concerned may, therefore use additional documents, either paper or electronic.

Should a keeper change, it is the responsibility of the keeper currently registered to notify the RE and the RE has to notify the new keeper of the change of registration. The former keeper is only removed from the NVR and relieved of his responsibilities when the new keeper has acknowleged the acceptance of keeper status.

Should an owner change, it is the responsibility of the owner currently registered to notify the RE. Then the former owner will be removed from the NVR. The new owner may request his details to be entered into the NVR.

Following the registration of changes, the NSA may deliver a new authorisation number and in some cases a new EVN.

3.2.4.   Withdrawal of registration

The entity applying for a withdrawal of registration ticks in the box corresponding to ‘Withdrawal’. It then fills in the item No 10 and forwards it to the RE of any Member State where the vehicle is registered.

The RE delivers the withdrawal registration by filling in the date of withdrawal and acknowledging the withdrawal to the said entity.

3.2.5.   Authorisation in several Member States

When a vehicle already authorised and registered in one Member State is authorised in another Member State, it needs to be registered in the NVR of the latter Member State. However, in this case, only data related to Items 1, 2, 6, 11, 12 and 13 have to be recorded, as these data only relate to the latter Member State.

As long as the VVR and the link with all NVRs are not fully operational, the Registration Entities concerned shall exchange information in order to ensure that data relating to the same vehicle is consistent.

Freight wagons and passenger cars are only registered in the NVR of the Member State where they are first placed in service.

3.3.   Access rights

The access rights to data of a NVR from a given MS ‘XX’ are listed in the table below, in which the access codes are defined as follows:

Each RE shall have full access and update rights only for the data in its own database. Therefore, the access coding is shown as 3.

3.4.   Historical records

All data in the NVR must be retained for 10 years from the date a vehicle is withdrawn and de-registered. As a minimum, for the first three years data must be available online. After three years data may be kept either electronically, in paper form or any other archival system. If at any time during the 10-year period an investigation involving a vehicle or vehicles is started, data relating to these vehicles must be retained beyond the 10-year period if so required.

Any changes in the NVR should be recorded. The management of the historical changes could be solved by IT technical functions.

• 4. 

  EXISTING VEHICLES

4.1.   Considered data content

Each of the 13 retained items have been considered in order to specify which of them are compulsory and which are not.

4.1.1.   Item No 1 — European Vehicle Number (Compulsory)

• a) 

  Case of vehicles already numbered with a 12-digit identification

Countries where there is a unique country code: the vehicles should keep their current number. The 12-digit number should be registered as such without any modification.

Countries where there are both a main country code and a specific code allocated formerly:

The vehicles should keep their current number. The 12-digit number should be registered as such without any modification (8).

The IT system has to consider both codes (main country code and specific code) as related to the same country.

• b) 

  Case of vehicles used in international traffic without a 12-digit identification

A two-step procedure should apply:

• c) 

  Case of vehicles used in domestic traffic without a 12-digit identification

The above mentioned procedure might apply for vehicles used solely in domestic traffic on a voluntary basis.

4.1.2.   Item No 2 — Member State and NSA (compulsory)

The item ‘Member State’ must always refer to the MS where the vehicle is being registered in its NVR. The item ‘NSA’ refers to the entity which has delivered the authorisation of placing the vehicle in service.

4.1.3.   Item No 3 — Manufacturing Year

Where the manufacturing year is not known precisely the approximate year should be entered.

4.1.4.   Item No 4 — EC Reference

Normally such a reference does not exist for existing vehicles except with a handful of HS RS. To be recorded only if available.

4.1.5.   Item No 5 — Reference to the RRS

To be recorded only if available.

4.1.6.   Item No 6 — Restrictions

To be recorded only if available.

4.1.7.   Item No 7 — Owner

To be recorded only if available and/or required.

4.1.8.   Item No 8 — Keeper (compulsory)

Normally available and compulsory.

4.1.9.   Item No 9 — Entity in charge of maintenance

This item is compulsory.

4.1.10.   Item No 10 — Withdrawal

Applicable as such.

4.1.11.   Item No 11 — MS where the Vehicle is authorised

Normally RIV wagons, RIC coaches and vehicles under bilateral or multilateral agreements are registered as such. If this information is available it should be recorded accordingly.

4.1.12.   Item No 12 — Authorisation number

To be recorded only if available.

4.1.13.   Item No 13 — Placing in service (compulsory)

Where the date of placing into service is not known precisely, the approximate year should be entered.

4.2.   Procedure

The entity which was previously responsible for vehicle registration should make all information available to the NSA or RE of the country where it is located.

Existing freight wagons and passenger cars should only be registered in the NVR of the Member State where the former registration entity was located.

If an existing vehicle had been authorised in several Member States, the RE which registers this vehicle shall send the relevant data to the REs of the other Member States concerned.

The NSA or RE takes over the information in its NVR.

The NSA or RE informs all the involved parties when the information transfer is completed. At least the following entities should be informed:

4.3.   Transition period

4.3.1.   Making registration information available to NSA

The former registering entity responsible for vehicle registration should make all required information available according to an agreement between itself and the RE. The data transfer should be done at least within 12 months following the Commission’s decision. If possible electronic format should be used.

4.3.2.   Vehicles used in international traffic

The RE of each MS should take these vehicles into its NVR within two years, at the latest, after the Commission’s decision.

See also 4.1.1 (b)

4.3.3.   Vehicles used in domestic traffic

The RE of each MS should take these vehicles into its NVR within three years, at the latest, after the Commission’s decision.

• (1) 

  On 11 August 2006, the Commission adopted Decision 2006/920/EC concerning the technical specification of interoperability relating to the subsystem ‘Traffic Operation and Management’ of the trans-European conventional rail system (notified on 14 August 2006). The corresponding TSI for High-Speed is expected to be adopted in 2007 and uses the same numbering system.

• (2) 

  According to Article 5.1 of this Decision, the 8-digit numbering system of the Council of Railway Transport of the Commonwealth of Independent States might also apply.

• (3) 

  The registers provided for in Article 22a of Directive 96/48/EC and Article 24 of Directive 2001/16/EC.

• (4) 

  This entity can be the Railway Undertaking using the vehicle, a subcontractor to it, or the keeper.

• (5) 

  Authorisation delivered in accordance with Article 14 of Directive 96/48/EC or Directive 2001/16/EC.

• (6) 

  The registration entity (hereafter RE) is the entity designated by each Member State, in accordance with Article 14(4)(b) of Directive 96/48/EC and Article 14(4)(b) of Directive 2001/16/EC, for keeping and updating the NVR.

• (7) 

  As provided for in the Draft Protocol to the convention on international interests in mobile equipment on matters specific to railway rolling stock.

• (8) 

  However any new vehicles placed in service for AAE, BLS, FNME and GySEV/ROeEE should be given the standard country code.

Appendix 1

RESTRICTIONS CODING

• 1. 

  PRINCIPLES

Restrictions (technical characteristics) already recorded in other Registers to which access is given to NSAs do not need to be repeated in the NVR.

Acceptance in cross-border traffic is based on:

Therefore such information does not need to be repeated in the NVR.

• 2. 

  STRUCTURE

The codes structured for three levels:

Restriction coding

• (1) 

  If the vehicle is equipped with more than one B system, an individual code for each system shall be indicated.

The numeric code is composed of three characters where:

Appendix 2

STRUCTURE AND CONTENT OF THE EIN

Code for the harmonised numbering system, called European Identification Number (EIN), for Safety Certificates and other documents

Example:

FIELD 1 —   COUNTRY CODE (2 LETTERS)

The codes are those officially published and updated on the European website in the Interinstitutional style guide (http://publications.eu.int/code/en/en-5000600.htm)

The code for multinational safety authorities should be composed in the same way. Currently there is only one authority: the Channel Tunnel Safety Authority. It is proposed to use the following code:

FIELD 2 —   TYPE OF DOCUMENT (2 DIGIT NUMBER)

Two digits allow identifying the type of document:

With the need for other codes this numbering system can be extended. The following is the proposed list of known, possible combinations of two digit numbers extended with the proposal for authorisation for placing in service of vehicles:

FIELD 3 —   ISSUE YEAR (4 DIGIT NUMBER)

This field indicates the year (in the specified format yyyy, i.e. 4 digits) in which the authorisation has been issued.

FIELD 4 —   COUNTER

The counter shall be a progressive number to be incremented by one unit each time a document is issued, regardless if it is a new, renewed or updated/amended authorisation. Even in the case when a certificate is revoked or an authorisation is suspended, the number to which it refers cannot be used again.

Every year the counter shall restart from zero.

• (1) 

  If the 4 digits foreseen for field 4 ‘Counter’ is fully used within a year, the first two digits of field 2 will move respectively from:

Appendix 3

WITHDRAWAL CODING

Use of codes

Registration issues

Appendix 4

STANDARD FORM FOR REGISTRATION

Appendix 5

GLOSSARY

This summary has been adopted from EUR-Lex.