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S.I. No. 523/2014 - European Communities (Interoperability of the Rail System) Regulations 2011 (Amendment) Regulations 2014.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th November, 2014.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 2008/57/EC of the European Parliament and of the Council of 18 June 20081 as amended by Commission Directive 2014/38/EU of 10 March 20142 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Interoperability of the Rail System) Regulations 2011 (Amendment) Regulations 2014.

2. The European Communities (Interoperability of the Rail System) Regulations 2011 ( S.I. No. 419 of 2011 ) are amended in Regulation 2 (1) (as amended by Regulation 2(a) of the European Communities (Interoperability of the Rail System) Regulations 2011 (Amendment) Regulations 2013 ( S.I. No. 186 of 2013 )), by substituting for the definition of “Railway Interoperability Directive” the following:

“ ‘Railway Interoperability Directive’ means Directive 2008/57/EC of the European Parliament and of the Council of 17 June 20081 as amended by—

(a) Commission Directive 2009/131/EC of 16 October 20093 ,

(b) Commission Directive 2011/18/EU of 1 March 20114 ,

(c) Commission Directive 2013/9/EU of 11 March 20135 , and

(d) Commission Directive 2014/38/EU of 10 March 20142; ”.

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GIVEN under my Official Seal,

18 November 2014.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to give effect to Commission Directive 2014/38/EU of 10 March 2014 which, as far as noise pollution is concerned, amends Annex III to Directive 2008/57/EC on the interoperability of the rail system within the EU. This new Directive amends Point 1.4.4 of Annex III to specify that the design and operation of the rail system must not lead to an inadmissible level of noise generated by it in areas close to railway infrastructure and in the driver’s cab.

1 OJ No. L. 191, 18.07.2008, p. 1.

2 OJ No. L. 70, 10.03.2014, p. 20.

3 OJ No. L 273, 17.10.2009, p. 12.

4 OJ No. L 57, 2.03.2011, p. 21.

5 OJ No. L. 68, 12.03.2013, p. 55