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Document 32019R0776

Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474 (Text with EEA relevance.)

OJ L 139I , 27.5.2019, p. 108–311 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/reg_impl/2019/776/oj

27.5.2019   

EN

Official Journal of the European Union

LI 139/108


COMMISSION IMPLEMENTING REGULATION (EU) 2019/776

of 16 May 2019

amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474

(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 Articles 5(11) and 48(2) thereof,

Whereas:

(1)

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

(2)

TSIs should be amended in order to indicate provisions applicable to existing subsystems and vehicles, in particular in the event of their upgrading and renewal as well as to indicate the parameters of the vehicles and fixed subsystems to be checked by the railway undertaking to ensure compatibility between vehicles and the routes on which they are to be operated and the procedures to be applied to check those parameters after the vehicle authorisation for placing on the market and before the first use of the vehicle.

(3)

Commission Delegated Decision (EU) 2017/1474 (3) sets out specific objectives for the drafting, adoption and review of TSIs. On 22 September 2017, the Commission asked the Agency to prepare recommendations implementing a number of those objectives.

(4)

Under Decision (EU) 2017/1474, TSIs should be reviewed in order to take into account developments of the Union railway system relating to research and innovation activities, and update references to standards.

(5)

Furthermore TSIs should be reviewed in order to close the remaining open points. In particular, open points as regards specifications on the design of track to be compatible with the use of eddy current brake and the minimum factor for traffic codes should be closed in Commission Regulation (EU) No 1299/2014 (4). Open points as regards specifications on aerodynamic effects, passive safety and variable gauge systems and braking systems should be closed in Commission Regulation (EU) No 1302/2014 (5). Open points as regards specifications on test conditions for on-track tests and variable gauge systems should be closed in Commission Regulation (EU) No 321/2013 (6).

(6)

Decision (EU) 2017/1474 also sets out specific objectives applicable to the TSI relating to the subsystem ‘rolling stock — locomotives and passenger rolling stock’ and the TSI relating to the subsystem ‘rolling stock — freight wagons’. In particular the provisions on automatic variable gauge systems should be reviewed and access to passenger coaches, the authorisation of passenger vehicles in large areas of use and the composition of passenger trains should be facilitated.

(7)

Certain components for which a single failure has potential to lead directly to a serious accident are critical for the safety of the rail system and should be labelled as ‘safety-critical’ on a case-by-case basis. The manufacturer should identify safety-critical components in the vehicle maintenance file.

(8)

Trackside and on-board investments should be protected by guaranteeing compatibility and stability of the specifications of the European rail traffic management system (ERTMS), giving legal and technical certainty that a compliant Baseline 3 ERTMS on-board unit can safely run on compliant ERTMS line with an acceptable level of performance. In order to keep pace with technological progress and encourage modernisation such as ERTMS game changers, as specified in the Agency's report on ERTMS longer-term perspective (ERA-REP-150), their implementation should, under certain conditions, be allowed. Where the Agency issues draft released specifications of ERTMS game changers before the planned legal release in 2022, suppliers and early implementers should use the specifications in their pilot phase, provided that any Baseline 3 on-board unit can safely run on any infrastructure implementing a game changer.

(9)

On the basis of the system architecture research and innovation work of the Shift2Rail Joint Undertaking, the Agency work on the game changer related to the evolution of the radio communication system aims at proposing solutions that would allow independent life cycle management for the radio communication system and the train protection system, while facilitating the integration of the new radio communication system with the European Train Control system (ETCS) on-boards that follow the set#3 of specifications listed in Table 2.3 of Annex A to Commission Regulation (EU) 2016/919 (7).

(10)

Even a successful certification process cannot always exclude that, when an on-board CCS subsystem interacts with a trackside CCS subsystem, one of the subsystems repeatedly fails to function or perform as intended under certain conditions. This may be due to variance in national control-command and signalling equipment (e.g. interlockings), engineering and operational rules, deficiencies in the specifications, different interpretations, design errors or equipment being installed incorrectly. Therefore, checks might need to be carried out to demonstrate the technical compatibility of the control-command and signalling subsystems in the area of use for a vehicle. The necessity of these checks should be considered as a temporary measure to increase the confidence on the technical compatibility between the subsystems. In addition, Regulation (EU) 2016/919 should specify the procedure for those checks. In particular, the principles applicable to those checks should be transparent and prepare the ground for further harmonisation. The possibility of executing those checks in a laboratory representing the trackside configuration to be made available by the Infrastructure Manager should be prioritised.

(11)

To limit to a minimum the checks each Member State should promote harmonisation within its infrastructure. Following this principle, only one single set of compatibility checks for radio (one for voice transmission and another one for data transmission), if at all needed, should be requested per Member State.

(12)

Consideration should be given on the necessary steps in the shortest possible time to increase the confidence on the technical compatibility and to reduce and eliminate the tests or checks to prove technical compatibility of on-board units with different European rail traffic management system trackside implementations. Therefore, the Agency should assess the underlying technical divergences and define the necessary steps to eliminate the tests or checks to prove technical compatibility of on-board units with different trackside implementations.

(13)

Certain TSIs may provide transitional measures in order to keep the railway sector competitive and to prevent undue costs triggered by too frequent changes in the legal framework. Such transitional measures apply to contracts in course of performance and to projects at an advanced stage of development on the date of application of the relevant TSI. As long as these transitional measures apply, requests for application of Article 7(1) of Directive 2016/797/EC should not be needed. Once these transitional measures expire, applicants requesting non-application of TSIs or part of them should do so pursuant to Article 7(1) of Directive (EU) 2016/797. Such requests should however only in duly justified cases be based on Article 7(1)(a) of Directive 2016/797/EC.

(14)

Directive (EU) 2016/797 and Commission Implementing Regulation (EU) 2018/545 (8) set out the Agency's role as authorising entity. In addition, Implementing Regulation (EU) 2018/545 sets out the procedure applicable in the event of a change to existing vehicle types, in particular for the creation of versions of a vehicle type and versions of a vehicle type variant. The Agency's role in registering data in the European register of authorised types of railway vehicles (ERATV) and the tasks of authorising entities as regards versions of a vehicle type and versions of a vehicle type variant should be adapted accordingly.

(15)

Regulations (EU) No 321/2013, (EU) No 1302/2014, and (EU) 2016/919 should take into account changes in the procedure for placing mobile subsystems on the market, as provided for in Articles 20 to 26 of Directive (EU) 2016/797. Those TSIs should therefore list the basic design characteristics used to identify the vehicle type and set out requirements regarding changes that impact them. The list of ERATV parameters should be amended accordingly.

(16)

Under Decision (EU) 2017/1474, TSIs should indicate whether it is necessary to re-notify the conformity assessment bodies that were notified on the basis of a previous version of the TSI and whether a simplified notification process should be applied. This Regulation brings about limited changes and it should not be necessary to re-notify bodies notified on the basis of a previous version of the TSIs.

(17)

This Regulation amends TSIs so as to further achieve interoperability within the Union rail system, improve and develop international rail transport, contribute to the progressive creation of the internal market and complement TSIs in view of covering essential requirements. It enables to achieve the objectives and to meet the essential requirements of Directive 2008/57/EC of the European Parliament and of the Council (9) and Directive (EU) 2016/797. Therefore this Regulation should be directly applicable in all Member States including Member States which have notified the Agency and the Commission under Article 57(2) of Directive (EU) 2016/797 that they have extended the transposition period and thus continue to apply Directive 2008/57/EC until 15 June 2020 at the latest. Notified Bodies exercising under Directive 2008/57/EC in the Member States that have extended the transposition period should be able to issue ‘EC’ certificate in accordance with this Regulation as long as Directive 2008/57/EC applies in the Member State where they are established.

(18)

On 17 December 2015, 6 January 2016 and 14 November 2017, the Agency issued three recommendations to amend Regulation (EU) No 1302/2014 covering the conditions for having an authorisation for placing on the market not limited to particular national networks, the closing of open-points, requirements regarding safety critical components and the revision of provisions on automatic variable gauge systems.

(19)

On 11 April 2016, the Agency issued a recommendation on the amendment to Regulation (EU) No 321/2013 covering the closing of open-points.

(20)

On 4 October 2017, the Agency issued a recommendation on the amendment to Regulation (EU) No 1299/2014 covering the closing of open-points.

(21)

On 19 July 2018, the Agency issued a recommendation on the amendment to Regulations (EU) No 321/2013 and (EU) No 1302/2014 and Commission Implementing Decision 2011/665/EU (10) covering the changes in the procedure for placing mobile subsystems on the market, including the checking of vehicle-route compatibility after the vehicle authorisation and before the first use of authorised vehicles and provisions applicable to existing subsystems and vehicles, in particular in the event of their upgrading and renewal.

(22)

On 19 October 2018, the Agency issued a recommendation on the amendment to Regulation (EU) 2016/919 covering the changes in the procedure for placing mobile subsystems on the market, including the checking of vehicle-route compatibility before the first use of authorised vehicles and provisions applicable to existing subsystems and vehicles, in particular in the event of their upgrading and renewal.

(23)

On 15 November 2018, the Agency issued a recommendation on the amendment to Regulation (EU) No 1303/2014 covering the changes to align that Regulation with Directive (EU) 2016/797.

(24)

On 29 November 2018, the Agency issued a recommendation on the amendment to Regulations (EU) No 1299/2014 and (EU) No 1301/2014 covering the changes to align those Regulations with Directive (EU) 2016/797.

(25)

Regulation (EU) No 321/2013, Regulation (EU) No 1299/2014, Regulation (EU) No 1301/2014, Regulation (EU) No 1302/2014, Regulation (EU) No 1303/2014, Regulation (EU) 2016/919 and Implementing Decision 2011/665/EU should therefore be amended accordingly.

(26)

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 321/2013 is amended as follows:

(1)

in Article 2(1), the reference to ‘point 2.7 of Annex II to Directive 2008/57/EC’ is replaced by a reference to ‘point 2.7 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)

(*)

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 (OJ L 138, 26.5.2016, p. 44).’;

(2)

in Article 3, the second subparagraph is amended as follows:

(a)

point (a) is replaced by the following:

‘(a)

when it is renewed and upgraded in accordance with section 7.2.2 of the Annex to this Regulation’;

(b)

point (c) is replaced by the following:

‘(c)

with regards to the marking “GE” as depicted in point 5 of Appendix C of the Annex, wagons of the existing fleet which have been authorised in accordance with Commission Decision 2006/861/EC as amended by Decision 2009/107/EC or with Decision 2006/861/EC as amended by Decisions 2009/107/EC and 2012/464/EU and meeting the conditions set out in point 7.6.4 of Decision 2009/107/EC may receive this marking “GE” without any additional third party assessment or new authorisation for placing on the market. The use of this marking in wagons in operation remains under the responsibility of the railway undertakings.’;

(3)

Article 4 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   With regard to “open points” set out in Appendix A, the conditions to be complied with for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation’;

(b)

point (c) of paragraph 2 is replaced as follows:

‘(c)

the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points’;

(4)

Article 5 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   With regard to specific cases set out in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements of Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation’;

(b)

point (c) of paragraph 2 is replaced as follows:

‘(c)

the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.3 of the Annex’;

(5)

Article 8 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   An EC certificate of verification for a subsystem that contains interoperability constituents which do not have an EC declaration of conformity or suitability for use may be issued during a transition period ending on 1 January 2024, provided the provisions set out in Section 6.3 of the Annex are met.’;

(b)

paragraph 2 is replaced by the following:

‘2.   The production or upgrade/renewal of the subsystem using non-certified interoperability constituents shall be completed within the transition period set out in paragraph 1, including placing on the market.’;

(c)

in point (b) of paragraph 3, the reference to ‘Article 18 of Directive 2004/49/EC’ is replaced by a reference to ‘Article 19 of Directive (EU) 2016/798 of the European Parliament and of the Council (*)

(*)

Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).’;

(d)

paragraph 4 is replaced by the following:

‘4.   After a transition period ending on 1 January 2015, newly produced interoperability constituents of “rear-end signals”, shall be covered by the required EC declaration of conformity.’;

(6)

Article 8a is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Notwithstanding the provisions in Section 6.3 of the Annex, an EC certificate of verification may be issued for a subsystem containing components corresponding to the “friction element for wheel tread brakes” interoperability constituent that does not have an EC declaration of conformity during a transition period ending on 1 January 2024, if the following conditions are met:

(a)

the component was manufactured before the date of application of this Regulation; and

(b)

the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the date of application of this Regulation.’;

(b)

paragraph 2 is replaced by the following:

‘2.   The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing on the market, before the transition period set out in paragraph 1 expires.’;

(c)

in point (b) of paragraph 3, the reference to ‘Article 18 of Directive 2004/49/EC’ is replaced by a reference to ‘Article 19 of Directive (EU) 2016/798’;

(7)

Article 8 c is amended as follows:

(a)

point (b) of paragraph 1 is replaced by the following:

‘(b)

the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the expiry of its approval period.’;

(b)

paragraph 2 is replaced by the following:

‘2.   The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing on the market, before the transition period set out in paragraph 1 expires.’;

(c)

in point (b) of paragraph 3, the reference to ‘Article 18 of Directive 2004/49/EC’ is replaced by a reference to ‘Article 19 of Directive (EU) 2016/798’;

(8)

Article 9 is amended as follows:

‘The declaration of verification and/or conformity to type of a new vehicle established in accordance with Decision 2006/861/EC shall be considered valid until the end of a transition period ending on 1 January 2017.’;

(9)

Article 10a is amended as follows:

(a)

in paragraph 4, the reference to ‘Article 6 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 5 of Directive (EU) 2016/797’;

(b)

in paragraph 5, the reference to ‘Directive 2008/57/EC’ is replaced by a reference to ‘Directive (EU) 2016/797’;

(10)

the Annex is amended in accordance with Annex I to this Regulation.

Article 2

Regulation (EU) No 1299/2014 is amended as follows:

(1)

Article 2 is amended as follows:

(a)

in paragraph 1, the reference to ‘point 2.1 of Annex I to Directive 2008/57/EC’ is replaced by a reference to ‘point 2.1 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)

(*)

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 (OJ L 138, 26.5.2016, p. 44).’;

(b)

in paragraph 3, the reference to ‘Article 20 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 18 of Directive (EU) 2016/797’;

(c)

paragraph 4 is replaced as follows:

‘4.   The TSI shall apply to the network of the Union rail system as described in Annex I of Directive (EU) 2016/797 with the exclusion of cases referred to in Article 1(3) and (4) of Directive (EU) 2016/797’;

(2)

Article 3 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   With regard to the aspects listed as “open points” in Appendix R to the Annex to this Regulation, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.’;

(b)

point (c) of paragraph 2 is replaced as follows:

‘(c)

the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points’;

(3)

in Article 4, paragraph 1 is replaced by the following:

‘1.   With regard to specific cases listed in Section 7.7 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.7 of the Annex or by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation’;

(4)

point (c) of paragraph 2 of Article 4 is replaced by the following:

‘(c)

the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.7 of the Annex’;

(5)

Article 7(3) is amended as follows;

(a)

in point (a), the reference to ‘Article 18 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 15 of Directive (EU) 2016/797’;

(b)

in point (b), the references to ‘Article 16(2)(c) of Directive 2004/49/EC’ and ‘Article 18 of Directive 2004/49/EC’ are replaced by references to ‘Article 16(2)(d) of Directive (EU) 2016/798 of the European Parliament and of the Council (*)

(*)

Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).’

and ‘Article 19 of Directive (EU) 2016/798’ respectively;

(6)

in Article 9, paragraph 2 is deleted;

(7)

Article 10 is amended as follows:

(a)

in paragraph 4, the reference to ‘Article 6 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 5 of Directive (EU) 2016/797’;

(b)

in paragraph 5, the reference to ‘Directive 2008/57/EC’ is replaced by a reference to ‘Directive (EU) 2016/797’;

(8)

the Annex is amended in accordance with Annex II to this Regulation.

Article 3

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

(1)

Article 2 is amended as follows:

(a)

in paragraph 1, the reference to ‘point 2.2 of Annex II to Directive 2008/57/EC’ is replaced by a reference to ‘point 2.2 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)

(*)

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 (OJ L 138, 26.5.2016, p. 44).’;

(b)

in paragraph 3, the reference to ‘Article 20 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 18 of Directive (EU) 2016/797’;

(c)

paragraph 4 is replaced as follows:

‘4.   The TSI shall apply to the network of the Union rail system as described in Annex I of Directive (EU) 2016/797 with the exclusion of cases referred to in Article 1(3) and (4) of Directive (EU) 2016/797’;

(2)

Article 4 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   With regard to specific cases listed in Section 7.4.2 of the Annex, the conditions to be met for the verification of compliance with the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.4.2 of the Annex or by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.’;

(b)

point (c) of paragraph 2 is replaced by the following:

‘(c)

the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.4.2 of the Annex’;

(3)

Article 7(3) is amended as follows:

(a)

in point (a), the reference to ‘Article 18 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 15 of Directive (EU) 2016/797’;

(b)

in point (b), the references to ‘Article 16(2)(c) of Directive 2004/49/EC’ and ‘Article 18 of Directive 2004/49/EC’ are replaced by references to ‘Article 16(2)(d) of Directive (EU) 2016/798 of the European Parliament and of the Council (*)

(*)

Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).’

and ‘Article 19 of Directive (EU) 2016/798’ respectively;

(4)

in Article 9, paragraph 2 is deleted;

(5)

Article 10 is amended as follows:

(a)

in paragraph 4, the reference to ‘Article 6 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 5 of Directive (EU) 2016/797’;

(b)

in paragraph 5, the reference to ‘Directive 2008/57/EC’ is replaced by a reference to ‘Directive (EU) 2016/797’;

(6)

the Annex is amended in accordance with Annex III to this Regulation.

Article 4

Regulation (EU) No 1302/2014 is amended as follows:

(1)

in Article 2(1), the reference to ‘point 2.7 of Annex II to Directive 2008/57/EC’ is replaced by a reference to ‘point 2.7 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*)

(*)

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 (OJ L 138, 26.5.2016, p. 44).’;

(2)

in Article 3, paragraph 2 is replaced by the following:

‘2.   The TSI shall not apply to existing rolling stock of the rail system in the Union which is already placed in service on all or part of the network of any Member State on 1 January 2015, except when it is subject to renewal or upgrading in accordance with Section 7.1.2 of the Annex.’;

(3)

Article 4 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   With regard to the aspects listed as “open points” in Appendix I of the Annex, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member States which are part of the area of use of the vehicles covered by this Regulation.’;

(b)

point (c) of paragraph 2 is replaced as follows:

‘(c)

the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points’;

(4)

in Article 5, paragraph 1 is replaced by the following:

‘1.   With regard to specific cases listed in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member States which are part of the area of use of the vehicles covered by this Regulation’;

(5)

point (c) of paragraph 2 of Article 5 is replaced by the following:

‘(c)

the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.3 of the Annex’;

(6)

Article 8(3) is amended as follows:

(a)

in point (a), the references to ‘Article 18 of Directive 2008/57/EC’ and ‘Article 16(2)(c) of Directive 2004/49/EC’ are replaced by a reference to ‘Article 15 of Directive (EU) 2016/797’;

(b)

in point (b) the references to ‘Article 16(2)(c) of Directive 2004/49/EC’ and ‘Article 18 of Directive 2004/49/EC’ are replaced by references to ‘Article 16(2)(d) of Directive (EU) 2016/798 of the European Parliament and of the Council (*)

(*)

Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).’

and ‘Article 19 of Directive (EU) 2016/798’ respectively;

(7)

in Article 9, the references to ‘Articles 16 to 18 of Directive 2008/57/EC’ and ‘Article 26 of Directive 2008/57/EC’ are replaced by references to ‘Articles 13 to 15 of Directive (EU) 2016/797’ and ‘Article 24 of Directive (EU) 2016/797’ respectively;

(8)

Article 10 is amended as follows:

(a)

in paragraph 4, the reference to ‘Article 6 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 5 of Directive (EU) 2016/797’;

(b)

in paragraph 5, the reference to ‘Directive 2008/57/EC’ is replaced by a reference to ‘Directive (EU) 2016/797’;

(9)

the following paragraph 3 is added in Article 11:

‘3.   Section 7.1.3.1 of the Annex to this Regulation shall not apply for vehicles placed on the market after 31 December 2028. Vehicles placed on the market after that date shall be conform to chapters 4, 5 and 6 of the Annex to the present Regulation.’;

(10)

the following paragraph 4 is added in Article 11:

‘4.   Member States may only in duly justified cases permit applicants not to apply this Regulation or parts of it pursuant to Article 7(1)(a) of Directive 2016/797/EC for projects for which the possibility to apply sections 7.1.1.2 or 7.1.3.1 of the Annex exists or has expired. The application of sections 7.1.1.2 or 7.1.3.1 of the Annex does not require the application of Article 7(1)(a) of Directive 2016/797/EC.’;

(11)

the Annex is amended in accordance with Annex IV to this Regulation.

Article 5

Regulation (EU) No 1303/2014 is amended as follows:

(1)

in Article 2, the reference to ‘Annex II to Directive 2008/57/EC’ is replaced by a reference to ‘Annex II to Directive (EU) 2016/797 (*)

(*)

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 (OJ L 138, 26.5.2016, p. 44).’;

(2)

Article 4 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   With regard to specific cases listed in Section 7.3 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.3 of the Annex or by national rules in force in the Member State which authorises the placing in service of the fixed subsystems or which is part of the area of use of the vehicles covered by this Regulation.’;

(b)

point (c) of paragraph 2 is replaced by the following:

‘(c)

the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.3 of the Annex’;

(3)

Article 8 is amended as follows:

(a)

in paragraph 4, the reference to ‘Article 6 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 5 of Directive (EU) 2016/797’;

(b)

in paragraph 5, the reference to ‘Directive 2008/57/EC’ is replaced by a reference to ‘Directive (EU) 2016/797’;

(4)

the Annex is amended in accordance with Annex V to this Regulation.

Article 6

Regulation (EU) 2016/919 is amended as follows:

(1)

Article 2 is amended as follows:

(a)

paragraph 1 is replaced by:

‘1.   The TSI shall apply to all new, upgraded or renewed “trackside control-command and signalling” and “on-board control-command and signalling subsystems of the rail system as defined in points 2.3 and 2.4 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council (*1). Section 7.2.1a of the Annex shall apply to all changes to an existing On-Board subsystem.

(*1)  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 (OJ L 138, 26.5.2016, p. 44).’;"

(b)

in paragraph 2, the words ‘Article 20 of Directive 2008/57/EC and’ are deleted;

(c)

paragraph 3 is deleted;

(2)

in Article 3(1), the reference to ‘Article 17(3) of Directive 2008/57/EC’ is replaced by a reference to ‘Article 14 of Directive (EU) 2016/797’;

(3)

Article 5 is deleted;

(4)

Article 6 is amended as follows:

(a)

in paragraph 2, the reference to ‘Articles 13 and 18 of Directive 2008/57/EC’ is replaced by the reference to ‘Articles 10 and 15 of Directive (EU) 2016/797’;

(b)

in paragraph 3, the reference to ‘Article 16 of Directive 2004/49/EC’ is replaced by a reference to ‘Article 16 of Directive (EU) 2016/798 of the European Parliament and of the Council (*).

(*)

Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).’;

(5)

Article 9 is amended as follows:

(a)

in paragraph 4, the reference to ‘Article 29(1) of Directive 2008/57/EC’ is replaced by a reference to ‘Article 51(1) of Directive (EU) 2016/797’;

(b)

in paragraph 5, the reference to ‘points 7.3.2.1, 7.3.2.2 and 7.3.2.3 of Decision 2012/88/EU’ is replaced by a reference to ‘Article 2(1) of Commission Implementing Regulation (EU) 2017/6 (*) and point 7.4.1.1 of the Annex to this Regulation.

(*)

Commission Implementing Regulation (EU) 2017/6 of 5 January 2017 on the European Rail Traffic Management System European deployment plan (OJ L 3, 6.1.2017, p. 6)’;

(6)

Articles 10 and 11 are replaced by the following:

‘Article 10

Error corrections

If errors that do not allow the system to provide a normal service are detected, the Agency shall of its own motion or at the request of the Commission identify as soon as possible solutions to correct them and an evaluation of their impact on the compatibility and stability of the existing ERTMS deployment. In such cases, the Agency shall send to the Commission an opinion on such solutions and the evaluation. The Commission shall analyse the Agency's opinion, assisted by the committee referred to in Article 51(1) of Directive (EU) 2016/797, and may recommend that the solutions specified in the Agency's opinion apply until the next revision of the TSI.

Article 11

ERTMS game changers

1.   By June 2021, taking into consideration the input from Shift2Rail and the Agency, the Commission shall issue a report on the definition of the next generation communication system. The report shall include the conditions and possible strategies for the migration to that system with due considerations for the coexistence of the system and spectrum requirements.

2.   Where the Agency has issued an opinion with the draft release specifications relating to an ERTMS game changer as identified within ERA-REP-150, suppliers and early implementers shall use those specifications in their pilots and shall inform the Agency.’;

(7)

the following Article 11a is inserted:

‘Article 11a

ERTMS compatibility and future revision

1.   By 1 June 2020, the Agency shall send a report to the Commission on the implementation of ETCS system compatibility (ESC) and radio system compatibility (RSC). The report shall include an assessment of the differing types of ESC and RSC, and the potential for reducing the underlying technical divergences of ESC and RSC types. Member States shall provide the Agency with the necessary information to complete the analysis.

2.   By 1 December 2021, the Commission shall, based on input from the Agency, define the necessary steps to eliminate the tests or checks to prove technical compatibility of on-board units with different ERTMS trackside implementations, in particular to achieve harmonisation of engineering and operational rules at Member State level and between Member States. Member States shall provide the Commission and the Agency with the necessary information to complete the analysis.

3.   By 1 December 2020, the Agency shall send a report to the Commission on the potential for including further elements of trackside and vehicle control-command and signalling system architecture, in particular to achieve a future proof design, facilitating the use of state of the art technology and ensuring backward compatibility.’;

(8)

the following paragraphs 2 and 3 are added in Article 13:

‘2.   Member States may only in duly justified cases permit applicants not to apply Section 7.4.2.1 of the Annex pursuant to Article 7(1)(a) of Directive 2016/797/EC for projects for which the possibility to apply section 7.4.2.3 of the Annex exists or has expired. The application of section 7.4.2.3 of the Annex does not require the application of Article 7(1)(a) of Directive 2016/797/EC.

3.   Without prejudice to sections 6.1.2.4 and 6.1.2.5 of the Annex, applicants may continue to apply the provisions of the original version of Regulation (EU) 2016/919 (and relevant Agency opinions) when applying for authorisation of:

(a)

trackside projects which are at an advanced stage of development at the date of entry into force of this Regulation; and

(b)

on-board projects developed in accordance with ERTMS specifications #2 or #3 listed in Table A.2 of Annex A which are at an advanced stage of development at the date of entry into force of this Regulation’;

(9)

the Annex is amended in accordance with Annex VII to this Regulation.’.

Article 7

Implementing Decision 2011/665/EU is amended as follows:

(1)

the following Article 2a is inserted:

‘Article 2a

Information to be inserted by the Agency

The Agency shall insert in the European register of authorised types of vehicles information on the vehicle type authorisations or vehicle type variants it has granted and on new versions of a vehicle type or of a vehicle type variant in accordance with Article 50 of Commission Implementing Regulation (EU) 2018/545 (*2), as set out in Annex II to this Decision.

(*2)  Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66).’;"

(2)

in Article 3, paragraph 1 is replaced by the following:

‘1.   Member States shall ensure that the national safety authorities provide the information on the vehicle type authorisations or vehicle type variants they have granted and on the new version of a vehicle type or of a vehicle type variant in accordance with Article 50 of Regulation (EU) 2018/545, as set out in Annex II to this Decision.’;

(3)

Article 4 is replaced by the following:

‘Article 4

Restriction codes

Harmonised restriction codes shall be applicable in all Member States.

The list of harmonised restriction codes shall be the list referred to in Commission Implementing Decision (EU) 2018/1614 (*3).

(*3)  Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (OJ L 268, 26.10.2018, p. 53).’;"

(4)

Annex I is amended in accordance with Annex VIII to this Regulation;

(5)

Annex II is replaced by Annex IX to this Regulation.

Article 8

In accordance with Regulations (EU) No 1299/2014 and (EU) No 1303/2014, each Member State shall update its national implementation plan for the INF TSI and SRT TSI. Each Member State shall forward its updated implementation plan to the other Member States and the Commission by 1 January 2020.

Article 9

1.   Notifications of conformity assessment bodies for the purposes of Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 shall remain valid on the basis of those Regulations, as amended by the present Regulation.

2.   Conformity assessment bodies notified in accordance with Directive 2008/57/EC may issue ‘EC’ certificate of verification and ‘EC’ certificate of conformity or suitability for use of interoperability constituents in accordance with this Regulation as long as Directive 2008/57/EC applies in the Member State where they are established in accordance with Article 57(2) of Directive (EU) 2016/797 and until 15 June 2020 at the latest.

Article 10

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

It shall apply from 16 June 2019.

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

Done at Brussels, 16 May 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) 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 1299/2014 of 18 November 2014 on the technical specifications for interoperability relating to the ‘infrastructure’ subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 1).

(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).

(6)  Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification relating to the subsystem ‘rolling stock — freight wagons’ of the rail system in the European Union and repealing Decision 2006/861/EC (OJ L 104, 12.4.2013, p. 1).

(7)  Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).

(8)  Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66).

(9)  Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1).

(10)  Commission Implementing Decision 2011/665/EU of 4 October 2011 on the European register of authorised types of railway vehicles (OJ L 264, 8.10.2011, p. 32).


ANNEX I

The Annex to Regulation (EU) No 321/2013 is amended as follows:

(1)

in sections 1, 1.3, 3, 4.1, 4.2.1, 4.7, 5.1, 6.1.2.3, the references to ‘Directive 2008/57/EC’ are replaced by references to ‘Directive (EU) 2016/797’;

(2)

section 1.2 is replaced by the following:

‘1.2.   Geographical scope

The geographical scope of this TSI is the entire European Union's rail system as set out in the section 1 of Annex I to Directive (EU) 2016/797, taking into account the limitations concerning the track gauge set out in Article 2.’;

(3)

Section 2 is replaced as follows:

‘2.   SCOPE AND DEFINITION OF SUBSYSTEM

2.1.   Scope

This TSI is applicable to “freight wagons including vehicles designed to carry lorries” as referred to in Annex I Section 2 to Directive (EU) 2016/797 taking into account the limitations as set out in Article 2. In the following this part of the subsystem rolling stock is called “freight wagon” and belongs to the subsystem “rolling stock” as set out in Annex II to Directive 2016/797/EC.

The other vehicles listed in Section 2 of Annex I to Directive (EU) 2016/797 are excluded from the scope of this TSI; this is especially the case for:

(a)

mobile railway infrastructure construction and maintenance equipment;

(b)

vehicles designed to carry:

motor vehicles with their passengers on board, or

motor vehicles without passengers on board but intended to be integrated in passenger trains (car carriers);

(c)

vehicles which

increase their length in loaded configuration, and

their payload itself is part of the vehicle structure.

Note: See also section 7.1 for particular cases.

2.2.   Definitions

In the present TSI the following definitions are used:

(a)

A “unit” is the generic term used to name the rolling stock. It is subject to the application of this TSI, and therefore subject to the EC verification procedure.

A unit can consist of:

a “wagon” that can be operated separately, featuring an individual frame mounted on its own set of wheels, or

a rake of permanently connected “elements”, those elements cannot be operated separately, or

“separate rail bogies connected to compatible road vehicle(s)” the combination of which forms a rake of a rail compatible system.

(b)

A “train” is an operational formation consisting of several units.

(c)

The “design operating state” covers all conditions under which the unit is intended to operate and its technical boundaries. This design operating state may go beyond the specifications of this TSI in order that units may be used together in a train on the network under the safety management system of a railway undertaking.’;

(4)

Section 3, row 4.2.3.6.6 of Table 1 is replaced as follows:

‘4.2.3.6.6

Automatic variable gauge systems

1.1.1,

1.1.2,

1.1.3

1.2

 

 

1.5’

(5)

Section 4.2.2.2 is replaced as follows:

‘4.2.2.2

The structure of a unit body, any equipment attachments and lifting and jacking points shall be designed such that no cracks, no significant permanent deformation or ruptures occur under the load cases defined in Chapter 5 of EN 12663-2:2010.

In case of a rake of a rail compatible system composed of separate rail bogies connected to compatible road vehicles, the load cases may differ from those mentioned above, due to their bi- modal specification; in such a case, the load cases considered shall be described by the applicant based on a consistent set of specifications with consideration of the specific conditions of use related to train composition, shunting and operation.

The demonstration of conformity is described in point 6.2.2.1.

The lifting and jacking positions shall be marked on the unit. The marking shall comply with point 4.5.14 of EN 15877-1:2012.

Note: Joining techniques are deemed to be covered as well by the demonstration of conformity in accordance to point 6.2.2.1.’;

(6)

in the second and third paragraph of section 4.2.3.1, the text ‘EN 15273-2:2009’ is replaced by ‘EN 15273-2:2013+A1:2016’;

(7)

in section 4.2.3.1, the text ‘GIC1 and GIC2’ is replaced by ‘GI1 and GI2’;

(8)

in section 4.2.3.2, the text ‘EN 15528:2008’ is replaced by ‘EN 15528:2015’;

(9)

in section 4.2.3.3, the text ‘Commission Decision 2012/88/EU (1)’ is replaced by ‘ERA/ERTMS/033281 rev. 4.0’;

(10)

in point 4.2.3.3 the footnote ‘(1) OJ L 51, 23.2.2012, p. 1.’ is deleted;

(11)

in section 4.2.3.4, the text ‘The specifications of the design and the conformity assessment of on-board equipment is an open point in this TSI.’ is replaced as follows:

‘If the unit is intended to be capable of being monitored by on-board equipment, the following requirements shall apply:

This equipment shall be able to detect a deterioration of any of the axle box bearings of the unit.

The bearing condition shall be evaluated either by monitoring its temperature, or its dynamic frequencies or some other suitable bearing condition characteristic.

The detection system shall be located entirely on board the unit, and diagnosis messages shall be available on board the unit.

The diagnosis messages delivered and how they are made available shall be described in the operating documentation set out in section 4.4 of this TSI, and in the maintenance rules described in section 4.5 of this TSI.’;

(12)

in section 4.2.3.5.2 the text ‘Chapter 5 of EN 14363:2005’ is replaced by ‘chapters 4, 5 and 7 of EN 14363:2016’;

(13)

section 4.2.3.6.6 is replaced as follows:

‘4.2.3.6.6.   Automatic variable gauge systems

This requirement is applicable to units equipped with an automatic variable gauge system with changeover mechanism of the axial position of the wheels allowing the unit to be compatible with 1 435 mm track gauge and other track gauge(s) within the scope of this TSI by means of passage through a track gauge changeover facility.

The changeover mechanism shall ensure the locking in the correct intended axial position of the wheel.

After passage through the track gauge changeover facility, the verification of the state of the locking system (locked or unlocked) and of the position of the wheels shall be performed by one or more of the following means: visual control, on-board control system or infrastructure/facility control system. In case of on-board control system, a continuous monitoring shall be possible.

If a running gear is equipped with brake equipment subject to a change in position during the gauge change operation, the automatic variable gauge system shall ensure the position and safe locking in the correct position of this equipment simultaneously to those of the wheels.

The failure of the locking of the position of the wheels and braking equipment (if relevant) during operation has typical credible potential to lead directly to a catastrophic accident (resulting in multiple fatalities); considering this severity of the failure consequence, it shall be demonstrated that the risk is controlled to an acceptable level.

The automatic variable gauge system is defined as an interoperability constituent (point 5.3.4b) and is part of the interoperability constituent wheelset (point 5.3.2). The conformity assessment procedure is specified in point 6.1.2.6 (interoperability constituent level), point 6.1.2.2 (safety requirement) and in point 6.2.2.4a (subsystem level) of this TSI.

The track gauges the unit is compatible with shall be recorded in the technical documentation.

A description of the changeover operation in normal mode, including the type(s) of track gauge changeover facility(ies) the unit is compatible with, shall be part of the technical documentation (see also section 4.4 of this TSI).

The requirements and conformity assessments required in other sections of this TSI apply independently for each wheel position corresponding to one track gauge and have to be documented accordingly.’;

(14)

in section 4.2.4.2 the text ‘Commission Regulation (EC) No 352/2009 (1)’ is replaced by the text ‘Commission Implementing Regulation (EU) No 402/20131 (1)’;

(15)

in section 4.2.4.2 the footnote ‘(1) OJ L 108, 29.4.2009, p. 4.’ is replaced by the footnote ‘(1) OJ L 121, 3.5.2013, p. 8.’;

(16)

in section 4.2.4.3.2.1, the text ‘UIC leaflet 544-1:2013’ and ‘UIC 544-1:2013’ is replaced by the text ‘UIC 544-1:2014’;

(17)

in section 4.2.4.3.2.2, the text ‘the minimum parking brake performance’ is replaced by the text ‘the minimum parking brake force’

(18)

in section 4.2.4.3.2.2, the text ‘the minimum performance of the parking brake shall be marked on the unit. The marking shall comply with clause 4.5.25 of EN 15877- 1:2012.’ is deleted;

(19)

in section 4.2.5, the text ‘EN 50125-1:1999’ is replaced by ‘EN 50125-1:2014’;

(20)

in section 4.2.6.2.1, the text ‘EN 50153:2002’ is replaced by ‘EN 50153:2014’;

(21)

in section 6.2.2.8.4, the text ‘TS 45545-7:2009’ is replaced by ‘EN 45545-7:2013’;

(22)

in section 4.2.6.2.2, the text ‘EN 50153:2002’ is replaced by ‘EN 50153:2014’;

(23)

in section 4.2.6.3, the text ‘chapter 1 of ERA technical document ERA/TD/2012-04/INT version 1.2 of 18.1.2013 published on the ERA website (http://www.era.europa.eu)’ is replaced by ‘Figure 11 of EN 16116-2:2013’;

(24)

in Table 7 of section 4.3.3, the text ‘Reference Commission Decision 2012/88/EU Annex A, Table A2, index 77’ is replaced by ‘Reference ERA/ERTMS/033281 rev. 4.0’;

(25)

Section 4.4 is replaced as follows:

‘4.4   Operating rules

Operating rules are developed within the procedures described in the railway undertaking safety management system. These rules take into account the documentation related to operation which forms a part of the technical file as required in Article 15(4) of and as set out in Annex IV to Directive (EU) 2016/797.

For the safety critical components (see also 4.5), the specific operational and operational traceability requirements are developed by the designers/manufacturers at design phase and through a collaboration between designers/manufacturers and the concerned railway undertakings or the concerned wagon keeper after vehicles have entered into operation.

The documentation related to operation describes the characteristics of the unit in relation to the design operating state to be considered in order to define the operating rules in normal and in various reasonably foreseeable degraded modes.

The documentation related to operation is composed of:

a description of operation in normal mode, including the operational characteristics and limitations of the unit (e.g. vehicle gauge, maximum design speed, axle loads, brake performance, compatibility with train detection systems, permitted environmental conditions, type(s) and operation of track gauge changeover facility(ies) the unit is compatible with),

a description of operation in degraded mode (when equipment or functions described in this TSI suffer safety failures) as far as can reasonably predicted, together with the related acceptable limits and operating conditions of the unit that could be experienced,

a safety critical components list: The safety critical components list shall contain the specific operational and operational traceability requirements.

The applicant shall provide the initial version of the documentation related to operating rules. This documentation might be modified later in accordance with the corresponding Union legislation, taking into account the existing operating and maintenance conditions of the unit. The Notified Body shall verify only that the documentation on operation is provided.’;

(26)

Section 4.5 is replaced as follows:

‘4.5   Maintenance rules

Maintenance is a set of activities intended to keep a functional unit in, or to restore it to a state in which it can perform its required function.

The following documents being part of the technical file as required in Article 15(4) of and as set out in Annex IV to Directive (EU) 2016/797 are necessary to undertake maintenance activities on the units:

general documentation (point 4.5.1),

the maintenance design justification file (point 4.5.2), and

the maintenance description file (point 4.5.3).

The applicant shall provide the three documents described in 4.5.1, 4.5.2. and 4.5.3. This documentation might be modified later in accordance with the corresponding EU legislation, taking into account the existing operating and maintenance conditions of the unit. The Notified Body shall verify only that the documentation on maintenance is provided.

The applicant or any entity authorised by the applicant (e.g. a keeper) shall provide this documentation to the entity in charge of maintenance as soon as it is assigned for the maintenance of the unit.

On the basis of these three documents, the entity in charge of maintenance shall define a maintenance plan and appropriate maintenance requirements at maintenance operational level under its sole responsibility (not in the scope of the assessment against this TSI).

The documentation includes a list of safety critical components. Safety critical components are components for which a single failure has a credible potential to lead directly to a serious accident as defined in Article 3(12) of Directive (EU) 2016/798.

The safety critical components and their specific servicing, maintenance and maintenance traceability requirements are identified by the designers/manufacturers at design phase and through a collaboration between designers/manufacturers and the concerned entities in charge of maintenance after vehicles have entered into operation.

4.5.1   General documentation

The general documentation comprises of:

Drawings and description of the unit and its components.

Any legal requirement concerning the maintenance of the unit.

Drawing of systems (electrical, pneumatic, hydraulic and control-circuit diagrams).

Additional on-board systems (description of the systems including description of functionality, specification of interfaces and data processing and protocols).

Configuration files for each vehicle (parts list and bill of material) to enable (in particular but not only) traceability during maintenance activities.

4.5.2   Maintenance design justification file

The maintenance design justification file explains how maintenance activities are defined and designed in order to ensure that the rolling stock characteristics will be kept within permissible limits of use during its lifetime. The file shall give input data in order to determine the criteria for inspection and the periodicity of maintenance activities. The maintenance design justification file consists of:

Precedents, principles and methods used to design the maintenance of the unit.

Precedents, principles and methods used to identify the safety critical components and their specific operational, servicing, maintenance and traceability requirements.

Limits of the normal use of the unit (e.g. km/month, climatic limits, foreseen types of loads, etc.).

Relevant data used to design the maintenance and origin of these data (return of experience).

Tests, investigations and calculations carried out to design the maintenance.

4.5.3   Maintenance description file

The maintenance description file describes how maintenance activities can be conducted. Maintenance activities include, among others, inspections, monitoring, tests, measurements, replacements, adjustments and repairs.

Maintenance activities are split into:

preventive maintenance (scheduled and controlled), and

corrective maintenance.

The maintenance description file includes the following:

Component hierarchy and functional description which sets up the boundaries of the rolling stock by listing all the items belonging to the product structure of that rolling stock and using an appropriate number of discrete levels. The lowest item of the hierarchy shall be a replaceable component.

Parts list which shall contain the technical and functional descriptions of the spare parts (replaceable units). The list shall include all parts specified for changing based on condition, which may require a replacement following electrical or mechanical malfunction or which will foreseeable require a replacement after an accidental damage. Interoperability constituents shall be indicated and referenced to their corresponding declaration of conformity.

Safety critical components list: The safety critical components list shall contain the specific servicing, maintenance and servicing/maintenance traceability requirements.

Limit values for components which are not to be exceeded in service. It is permitted to specify operational restrictions in degraded mode (limit value reached).

List of reference to the European legal obligations to which components or subsystems are subject.

Maintenance plan (*1) i.e. the structured set of tasks to perform the maintenance including the activities, procedures and means. The description of this set of tasks includes:

(a)

Disassembly/assembly instructions drawings necessary for correct assembly/disassembly of replaceable parts.

(b)

Maintenance criteria.

(c)

Checks and tests in particular of safety relevant parts; these include visual inspection and non-destructive tests (where appropriate e.g. to detect deficiencies that may impair safety).

(d)

Tools and materials required to undertake the task.

(e)

Consumables required to undertake the task.

(f)

Personal protective safety provision and equipment.

Necessary tests and procedures to be undertaken after each maintenance operation before re-entry into service of rolling stock.

(*1)  The maintenance plan shall take into accounts the findings of the ERA Task force on Freight Maintenance (see “Final report on the activities of the Task Force Freight Wagon Maintenance” published on the ERA website http://www.era.europa.eu).’;"

(27)

in section 4.8, the text ‘GIC1 and GIC2’ is replaced by ‘GI1 and GI2’;

(28)

a new section 4.9 is added as follows:

‘4.9   Route compatibility checks before the use of authorised vehicles

The parameters of the subsystem “rolling stock — freight wagons” to be used by the railway undertaking, for the purpose of route compatibility check, are described in Appendix D1 of Commission Implementing Regulation (EU) 2019/773 (*2)

(*2)  Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU (OJ L 139 I, 27.5.2019, p. 5).’;"

(29)

in section 5.3.1, the text ‘The running gear shall be designed for an application range, the area of use, as defined by the following parameters:’ is replaced as follows:

‘The running gear shall be designed for all application ranges, the areas of use, as defined by the following parameters:

Track gauge’;

(30)

in section 5.3.2, the text ‘The wheelset shall be assessed and designed for the area of use as defined by’ is replaced as follows:

‘For the purpose of this TSI, wheelsets include the main parts ensuring the mechanical interface with the track (wheels and connecting elements: e.g. transverse axle, independent wheel axle). Accessories parts (axle bearings, axle boxes and brake discs) are assessed at subsystem level.

The wheelset shall be assessed and designed for the area of use as defined by:

track gauge,’;

(31)

in section 5.3.3, the text: ‘— maximum speed and service life, and’ is replaced as follows:

‘—

maximum speed,

in-service limits, and’

(32)

a new section 5.3.4b is added below section 5.3.4a:

‘5.3.4b.   Automatic variable gauge system

An IC “automatic variable gauge system” shall be designed and assessed for an area of use defined by:

the track gauges the system is designed for,

the range of maximum static axle loads,

the range of nominal wheel tread diameters,

the maximum design speed of the unit, and

the types of track gauge changeover facility(ies) the system is designed for, including the nominal speed through the track changeover facility(ies) and the maximum axial forces during the automatic gauge changeover process.

An automatic variable gauge system shall comply with the requirements set out in point 4.2.3.6.6; these requirements shall be assessed at IC level as set out in point 6.1.2.6.’

(33)

in section 6.1.2, Table 9, a new row 4.2.3.6.6 is added below the row ‘4.2.3.6.4 Axle’

‘4.2.3.6.6

Automatic variable gauge system

X (*)

X

X

X (*)

X

X (**)’

(34)

in section 6.1.2, the following text is added after the last paragraph:

‘In case of a specific case applicable to a component defined as interoperability constituent in section 5.3 of this TSI, the corresponding requirement can be part of the verification at interoperability constituent level only in the case where the component remains compliant to the chapters 4 and 5 of this TSI and where the specific case does not refer to a national rule (i.e. additional requirement compatible with the core TSI and fully specified in the TSI).

In other cases, the verification shall be made at subsystem level; when a national rule applies to a component, the concerned Member State may define relevant applicable conformity assessment procedures.’;

(35)

the section 6.1.2.1 is replaced as follows:

‘6.1.2.1.   Running gear

The demonstration of conformity for running dynamic behaviour is set out in EN 16235:2013.

Units equipped with an established running gear as described in chapter 6 of EN 16235:2013 are presumed to be in conformity with the relevant requirement provided that the running gears are operated within their established area of use.

The assessment of the bogie frame strength shall be based on clause 6.2 of EN 13749:2011.’;

(36)

in section 6.1.2.2, the last paragraph is replaced as follows:

‘A verification procedure shall exist to ensure at the assembly phase that no defects may detrimentally affect safety due to any change in the mechanical characteristics of the fitted parts of the axle. This procedure shall contain the determination of the interference values and, in case of press-fitted wheelsets, the corresponding press-fitting diagram.’;

(37)

in section 6.1.2.5, four instances of text ‘ERA/TD/2013-02/INT version 2.0 of XX.XX.2014’ are replaced by the text ‘ERA/TD/2013-02/INT version 3.0 of 27.11.2015’;

(38)

a new section 6.1.2.6 is added below the section 6.1.2.5:

‘6.1.2.6.   Automatic variable gauge system

The assessment procedure shall be based on a validation plan covering all aspects mentioned in points 4.2.3.6.6 and 5.3.4b.

The validation plan shall be consistent with the safety analysis required in clause 4.2.3.6.6 and shall define the assessment needed in all the following different phases:

Design review

Static tests (bench tests and integration-in-the-wheelset/unit tests)

Test on track gauge changeover facility(ies), representative of in-service conditions

On-track tests, representative of in-service conditions.

Regarding the demonstration of compliance to the safety level required in point 4.2.3.6.6, the assumptions considered for the safety analysis related to the unit the system is intended to be integrated in, and related to the mission profile of that unit, shall be clearly documented.

The automatic variable gauge system may be subject to an assessment of suitability for use (module CV). Before commencing in-service tests, a suitable module (CB or CH1) shall be used to certify the design of the interoperability constituent. The in-service tests shall be organised on request from the manufacturer, who must obtain an agreement from a railway undertaking for its contribution to such assessment.

The certificate delivered by the notified body in charge of the conformity assessment shall include both the conditions for use as per clause 5.3.4b and the type(s) and operating conditions of the track gauge changeover facility(ies) the automatic variable gauge system has been assessed for.’;

(39)

In section 6.2.2.1, the text ‘The demonstration of conformity shall be in accordance with Chapters 6 and 7 of EN 12663-2:2010.’ is replaced by ‘The demonstration of conformity shall be in accordance with chapters 6 and 7 of EN 12663-2:2010, or alternatively with chapter 9.2 of EN 12663-1:2010+A1:2014.’;

(40)

section 6.2.2.2 is replaced as follows:

‘6.2.2.2.   Safety against derailment running on twisted track

The demonstration of conformity shall be carried out in accordance with chapters 4, 5 and 6.1 of EN 14363:2016.’;

(41)

section 6.2.2.3 is replaced as follows:

‘6.2.2.3.   Running dynamic behaviour

On-track tests

The demonstration of conformity shall be carried out in accordance with chapters 4, 5 and 7 of EN 14363:2016.

For units operated on the 1 668 mm track gauge network, the evaluation of the estimated value for the guiding force normalized to the radius Rm = 350 m according to EN 14363:2016, clause 7.6.3.2.6 (2), shall be calculated according to the following formula:

Ya,nf,qst = Ya,f,qst – (11 550 m/Rm – 33) kN.

The limit value of the quasi-static guiding force Yj,a,qst shall be 66 kN.

Values of cant deficiency can be adapted to 1 668 mm track gauge by multiplying the corresponding 1 435 mm parameter values by the following conversion factor: 1 733/1 500.

The combination of the highest equivalent conicity and speed for which the unit meets the stability criterion in chapters 4, 5 and 7 of EN 14363:2016 shall be recorded in the report.’;

(42)

in section 6.2.2.4, following text is added below the text:

‘It is permitted to use other standards for the above demonstration of conformity where the EN standards do not cover the proposed technical solution; in that case the notified body shall verify that the alternative standards form part of a technically consistent set of standards applicable to the design, construction and testing of the bearings.

Only standards that are publicly available can be referred to in the demonstration required above.

In the case of bearings manufactured according to a design developed and already used to place products on the market before the entry into force of relevant TSIs applicable to those products, the applicant is allowed to deviate from the demonstration of conformity above and refer to design review and type examination performed for previous applications under comparable conditions instead; this demonstration shall be documented and is considered as providing the same level of proof as type examination according to module SB or design examination according to module SH1.’;

(43)

a new section 6.2.2.4a is added below section 6.2.2.4:

‘6.2.2.4a.   Automatic variable gauge systems

The safety analysis required in point 4.2.3.6.6, and performed at IC level, shall be consolidated at the level of the unit; in particular, the assumptions made in accordance with point 6.1.2.6 may need to be reviewed to take into account the unit and its mission profile.’;

(44)

in section 6.2.2.5, the text ‘for bogie units: Figure 18 of Annex H of Annex I of UIC leaflet 430-1:2012.’ is replaced by ‘for bogie units: Figure 18 of Annex H and Figures 19 and 20 of Annex I of UIC leaflet 430-1:2012.’;

(45)

in section 6.2.2.8.1, the text ‘EN 1363-1:1999’ is replaced by ‘EN 1363-1:2012’;

(46)

in section 6.2.2.8.2, the text: ‘Testing of the materials ignitability and flame spread properties shall be performed in accordance with ISO 5658-2:2006/Am1:2011 for which the limit value shall be CFE ≥ 18 kW/m2. For the following materials and components the fire safety requirements are deemed to comply with the required ignitability and flame spread properties:’ is replaced by ‘Testing of the materials ignitability and flame spread properties shall be performed in accordance with ISO 5658-2:2006/Am1:2011 for which the limit value shall be CFE ≥ 18 kW/m2.

For rubber parts of bogies, the testing shall be performed in accordance with ISO 5660-1:2015 for which the limit value shall be MARHE ≤ 90 kW/m2 under the test conditions specified in reference T03.02 of Table 6 of EN 45545-2:2013+A1:2015.

For the following materials and components the fire safety requirements are deemed to comply with the required ignitability and flame spread properties:

Wheelsets, coated or uncoated,’;

(47)

in section 6.2.2.8.3, the text ‘EN 50355:2003’ is replaced by ‘EN 50355:2013’;

(48)

in section 6.2.2.8.3, the text ‘EN 50343:2003’ is replaced by ‘EN 50343:2014’;

(49)

the section 7.1 is replaced as follows:

‘7.1.   Authorisation for placing on the market

This TSI is applicable to the subsystem “rolling stock — freight wagons” within the scope set out in its Sections 1.1, 1.2 and 2.1, which are placed on the market after the date of application of this TSI.

This TSI is also applicable on a voluntary basis to:

units referred to in section 2.1 point (a) in transport (running) configuration, in case they correspond to a “unit” as defined in this TSI, and

units as defined in section 2.1 point (c), in case they are in empty configuration.

In case the applicant chooses to apply this TSI, the corresponding EC declaration of verification shall be recognised as such by Member States.’

(50)

the section 7.1.2 is replaced as follows:

‘7.1.2   Mutual recognition of the first authorisation of placing on the market

In accordance with Article 21(3)(b) of Directive (EU) 2016/797 the authorisation for placing of the market of a vehicle (as defined in this TSI) is granted on the basis of:

in accordance with point (a) of Article 21(3): the “EC” declaration of verification as provided for in Article 15 of the same directive, and

in accordance with (d) of Article 21(3): evidence of the technical compatibility of the unit with the network in the area of use covering the EU network.

Points (b) and (c) of Article 21(3) of Directive (EU) 2016/797 do not represent any additional requirement. The technical compatibility of the vehicle with the network being covered by rules (TSIs or national rules), this aspect is also considered at the level of the “EC” verification.

Therefore, the conditions for having an area of use not limited to particular national networks are specified below as additional requirements to be covered in the EC verification of the subsystem rolling stock. These conditions shall be seen as complementary to the requirements in Section 4.2 and must be fulfilled in their entirety:

(a)

The unit must be equipped with forged and rolled wheels assessed according to point 6.1.2.3(a).

(b)

The compliance/non-compliance with the requirements regarding the axle bearing condition monitoring by line side equipment as set out in point 7.3.2.2.(a) must be recorded in the technical file.

(c)

The reference profile established for the unit as per point 4.2.3.1 must be allocated to one of the target reference profile(s) G1, GA, GB and GC including those used for the lower part GI1 and GI2.

(d)

The unit must be compatible with the train detection systems based on track circuits, on axle counters and on loop equipment as specified in clauses 4.2.3.3(a), 4.2.3.3(b) and 4.2.3.3(c).

(e)

The unit must be equipped with the manual coupling system in accordance with the prescriptions set out in Appendix C, Section 1, including the fulfilment of Section 8 or with any semi-automatic or automatic standardised coupling system.

(f)

The brake system must be in accordance with the conditions of Appendix C, Sections 9, 14 and 15 when applying the reference case set out in point 4.2.4.2.

(g)

The unit must be marked with all applicable markings in accordance with EN 15877-1:2012, except the marking defined in its clause 4.5.25(b).

(h)

The parking brake force shall be marked as set out in Figure 1, 30 mm below the marking defined in clause 4.5.3 of EN 15877-1:

Figure 1

Marking of the parking brake force

Image 1

When an international agreement to which the European Union is party provides for reciprocal legal provisions, units which have been authorised to operate according to said international agreement and comply with all requirements set out in section 4.2 and in this point 7.1.2 shall be deemed as authorised for placing on the market in the Member States of the European Union.’;

(51)

section 7.2 is replaced as follows:

‘7.2   General rules for implementation

7.2.1   Substitution of constituents

This section deals with substitutions of constituents as referred to in Article 2 of Directive (EU) 2016/797.

The following categories have to be considered:

 

Certified ICs: Components which correspond to an IC in Chapter 5 and which are holding a certificate of conformity.

 

Other components: Any component, which is not corresponding to an IC in Chapter 5.

 

Non-certified ICs: Components which correspond to an IC in Chapter 5 but are not holding a certificate of conformity and which are produced before the expiry of the transitional period referred to in Section 6.3.

Table 11 shows the possible permutations.

Table 11

Substitution permutation table

 

... substituted by ...

... certified ICs

... other components

... non-certified ICs

Certified ICs …

Check

not possible

check

Other components …

not possible

check

not possible

Non-certified ICs …

Check

not possible

check

The word “check” in Table 11 means that the entity in charge of maintenance (ECM) may under its responsibility substitute a component by another one utilising the same function and at least the same performance in accordance with the relevant TSI requirements considering that these components are:

suitable, i.e. conform to the relevant TSI(s),

used within its area of use,

enabling interoperability,

meeting the essential requirements, and

in line with restrictions stated in the technical file.

7.2.2   Changes to an existing unit or to an existing unit type

7.2.2.1   Introduction

This point 7.2.2 defines the principles to be applied by the entities managing the change and authorising entities in line with the EC verification procedure described in Article 15(9), Article 21(12) and Annex IV of Directive (EU) 2016/797. This procedure is further developed in Article 13, 15 and 16 of Commission Implementing Regulation (EU) 2018/545 (*3) and in Commission Decision 2010/713/EC (*4).

This point 7.2.2 applies in case of any change(s) to an existing unit or unit type, including renewal or upgrade. It does not apply in case of changes:

that do not introduce a deviation from the technical files accompanying the EC declarations for verification for the subsystems, if any, and

that do not have an impact on basic parameters not covered by the EC declaration, if any.

The holder of the vehicle type authorisation shall provide, under reasonable conditions, the information necessary for assessing the changes to the entity managing the change.

7.2.2.2   Rules to manage changes in both a unit or a unit type

Parts and basic parameters of the unit that are not affected by the change(s) are exempt from conformity assessment against the provisions in this TSI.

Without prejudice to clause 7.2.2.3, compliance with the requirements of this TSI or the TSI Noise (Commission Regulation (EU) No 1304/2014 (*5), see clause 7.2 of that TSI) shall only be needed for the basic parameters in this TSI which may be affected by the change(s).

In accordance with Articles 15 and 16 of Commission Implementing Regulation (EU) 2018/545 and Decision 2010/713/EU and by application of modules SB, SD/SF or SH1 for the EC verification, and if relevant in accordance with Article 15(5) of Directive (EU) 2016/797, the entity managing the change shall inform a notified body of all changes affecting the conformity of the subsystem with requirements of the relevant TSI(s) requiring new checks by a notified body. This information shall be provided by the entity managing the change with corresponding references to the technical documentation relating to the existing EC type or design examination certificate.

Without prejudice of the general safety judgement mandated in article 21(12)(b) of Directive (EU) 2016/797, in case of changes requiring reassessment of the safety requirements set out in clauses 4.2.4.2 for the brake system, a new authorization for placing on the market will be required unless one of the following conditions are met:

The brake system fulfils the conditions of C.9 and C.14 of Appendix C after change or,

Both the original and changed brake systems fulfil the safety requirements set out in clause 4.2.4.2.

National migration strategies related to the implementation of other TSIs (e.g. TSIs covering fixed installations) shall be taken into account when defining to what extent the TSIs covering rolling stock needs to be applied.

The basic design characteristics of the rolling stock are defined in Table 11a. Based on these tables and on the safety judgement mandated in Article 21(12)(b) of Directive (EU) 2016/797, the changes shall be categorised as follows:

15(1)(c) of Commission Implementing Regulation (EU) 2018/545 if they are above the thresholds set out in column 3 and below thresholds set out in column 4 unless the safety judgement mandated in Article 21(12)(b) of Directive (EU) 2016/797 requires to categorise them as 15(1)(d), or

15(1)(d) of Commission Implementing Regulation (EU) 2018/545 if they are above the thresholds set out in column 4 or if the safety judgement mandated in Article 21(12)(b) of Directive (EU) 2016/797 requires to categorise them as 15(1)(d).

The determination whether the changes are beyond or above the thresholds mentioned above shall be done in reference to the values of the parameters at the time of the last authorisation of the rolling stock or rolling stock type.

Changes not referred to in the paragraph above are deemed not to have any impact on the basic design characteristics and will be categorised as 15(1)(a) or 15(1)(b) of Commission Implementing Regulation (EU) 2018/545, unless the safety judgement mandated in Article 21(12)(b) of Directive (EU) 2016/797 requires to categorise them as 15(1)(d).

The safety judgement mandated in Article 21(12)(b) of Directive (EU) 2016/797 shall cover all changes concerning basic parameters of table 1, related to all the essential requirements, in particular the requirements “Safety” and “Technical compatibility”.

Without prejudice to clause 7.2.2.3, all changes shall remain compliant with the applicable TSIs regardless their classification.

The replacement of a whole element within a rake of permanently connected elements after a severe damage does not require a conformity assessment against this TSI, as long as the element is identical to the one it replaces. Such element must be traceable and certified in accordance with any national or international rule, or any code of practice widely acknowledged in the railway domain.

Table 11a

Basic design characteristics related to basic parameters set out in the WAG TSI

1.

TSI clause

2.

Related basic design characteristic(s)

3.

Changes impacting the basic design characteristic and not classified as 21(12)(a) of Directive (EU) 2016/797

4.

Changes impacting the basic design characteristic and classified as 21(12)(a) of Directive (EU) 2016/797

4.2.2.1.1

End coupling

Type of end coupling

Change of end coupler type

N/A

4.2.3.1

Gauging

Reference profile

N/A

Change of reference profile the vehicle is conform to

 

Minimum vertical convex curve radius capability

Change in minimum vertical convex curve radius capability the unit is compatible with of more than 10 %

N/A

 

Minimum vertical concave curve radius capability

Change in minimum vertical concave curve radius capability the unit is compatible with of more than 10 %

N/A

4.2.3.2.

Compatibility with load carrying capacity of lines

Permissible payload for different line categories

Change (1) of any of the vertical loading characteristics resulting in a change of the line category(ies) the wagon is compatible with

N/A

4.2.3.3

Compatibility with train detection systems

Compatibility with train detection systems

N/A

Change of declared compatibility with one or more of the three train detection systems:

 

Track circuits

 

Axle counters

 

Loop equipment

4.2.3.4

Axle bearing condition monitoring

On-board detection system

N/A

Fitting/Removal of on-board detection system

4.2.3.5

Running safety

Combination of maximum speed and maximum cant deficiency for which the unit was assessed

N/A

Increase in maximum speed of more than 15 km/h or change of more than ± 10 % in maximum admissible cant deficiency

 

Rail inclination

N/A

Change of rail inclination the vehicle is conform to (2)

4.2.3.6.2

Characteristics of wheelsets

Wheelset gauge

N/A

Change of track gauge the wheelset is compatible with

4.2.3.6.3

Characteristics of wheels

Minimum required in-service wheel diameter

Change of minimum required in-service diameter of more than 10 mm

N/A

4.2.3.6.6

Automatic variable gauge systems

Wheelset gauge changeover facility

Change in the unit leading to a change in the changeover facility(ies) the wheelset is compatible with

Change of track gauge(s) the wheelset is compatible with

4.2.4.3.2.1

Service brake

Stopping distance

Change of stopping distance of more than ± 10 %

Note: Brake weight percentage (also called “lambda” or “braked mass percentage”) or braked mass may also be used, and can be derived (directly or via stopping distance) from deceleration profiles by a calculation.

The allowed change is the same (± 10 %)

N/A

Maximum deceleration for the load condition 'maximum speed under normal payload at the maximum design speed

Change of more than ± 10 % on the maximum average brake deceleration

N/A

4.2.4.3.2.2

Parking brake

Parking brake

Parking brake function installed/removed

N/A

4.2.4.3.3

Thermal capacity

Thermal capacity expressed in terms of

 

Speed

 

Gradient

 

Brake distance

N/A

New reference case declared

4.2.4.3.4

Wheel slide protection (WSP)

Wheel slide protection

N/A

Fitting/removal of WSP function

4.2.5

Environmental conditions

Temperature range

Change of temperature range (T1, T2, T3)

N/A

 

Snow, ice and hail conditions

Change of the selected range “snow, ice and hail” (nominal or severe)

N/A

In order to establish the EC type or design examination certificate, the notified body selected by the entity managing the change is permitted to refer to:

 

The original EC type or design examination certificate for parts of the design that are unchanged or those that are changed but do not affect the conformity of the subsystem, as far as it is still valid (during 10 years phase B period).

 

Additional EC type or design examination certificate (amending the original certificate) for modified parts of the design that affect the conformity of the subsystem with the latest revision of this TSI in force at that time.

In any case, the entity managing the change shall ensure that the technical documentation which is relating to the EC type or design examination certificate is updated accordingly.

The updated technical documentation, related to the EC type or design examination certificate is referred to in the technical file accompanying the EC declaration of verification issued by the entity managing the change for rolling stock declared as conformant to the modified type.

7.2.2.3   Particular rules for existing units not covered by an EC declaration of verification with a first authorisation for placing in service before 1 January 2015

The following rules apply, in addition to clause 7.1.2.2, to existing units with a first authorisation for placing in service before 1 January 2015, where the scope of the change has an impact on basic parameters not covered by the EC declaration

The compliance with technical requirements of this TSI is deemed established when a basic parameter is improved in the direction of the TSI defined performance and the entity managing the change demonstrates that the corresponding essential requirements are met and the safety level is maintained and, where reasonably practicable, improved. The entity managing the change shall in this case justify the reasons for which the TSI defined performance was not met, taking into account migration strategies of other TSIs as stated in section 7.2.2.2. This justification shall be in the technical file, if any, or in the original technical documentation of the unit.

The particular rule set out in the above paragraph is not applicable in changes impacting the basic design characteristics and classified as 21(12)a set out in table 11b. For those changes, compliance with the TSI requirements is mandatory.

Table 11b

Changes to basic parameters for which compliance with TSI requirements is mandatory for rolling stock not holding an EC type or design examination certificate

TSI clause

Related basic design characteristic(s)

Changes impacting the basic design characteristic and classified as 21(12)(a) of Directive (EU) 2016/797

4.2.3.1

Gauging

Reference profile

Change of reference profile the unit is conform to

4.2.3.3

Compatibility with train detection systems

Compatibility with train detection systems

Change of declared compatibility with one or more of the three train detection systems:

 

Track circuits

 

Axle counters

 

Loop equipment

4.2.3.4

Axle bearing condition monitoring

On-board detection system

Fitting/Removal of on-board detection system

4.2.3.6.2

Characteristics of wheelsets

Wheelset gauge

Change of track gauge the wheelset is compatible with

4.2.3.6.6

Automatic variable gauge systems

Wheelset gauge changeover facility

Change of track gauge(s) the wheelset is compatible with

7.2.3   Rules related to the EC type or design examination certificates

7.2.3.1   Rolling stock subsystem

This point concerns a rolling stock type (unit type in the context of this TSI), as defined in Article 2(26) of Directive (EU) 2016/797, which is subject to an EC type or design verification procedure in accordance with section 6.2 of this TSI. It also applies to the EC type or design verification procedure in accordance with the TSI Noise, which refers to this TSI for its scope of application to freight units.

The TSI assessment basis for an EC type or design examination is defined in columns “Design review” and “Type test” of Appendix F of this TSI and of Appendix C of the TSI Noise.

7.2.3.1.1    Phase A

Phase A starts once a notified body, which is responsible for EC verification, is appointed by the applicant and ends when the EC type or design examination certificate is issued.

The TSI assessment basis for a type is defined for a phase A period, with a duration of maximum four years. During the phase A period the assessment basis for EC verification to be used by the notified body will not change.

When a revision of this TSI or of the TSI Noise comes into force during the phase A period, it is permissible (but not mandatory) to use the revised version(s), either totally or for particular sections, unless explicitly otherwise specified in the revision of these TSIs. In case of application limited to particular sections, the applicant has to justify and document that applicable requirements remain consistent, and this has to be approved by the notified body.

7.2.3.1.2    Phase B

The phase B period defines the period of validity of the EC type or design examination certificate once it is issued by the notified body. During this time, units may be EC certified on the basis of conformity to type.

The EC type or design examination certificate of EC verification for the subsystem is valid for a ten-year phase B period after its issue date, even if a revision of this TSI or of the TSI Noise come into force, unless explicitly otherwise specified in the revision of these TSIs. During this period of validity, new rolling stock of the same type is permitted to be placed on the market on the basis of an EC declaration of verification referring to the type certificate of verification.

The updated technical documentation related to the EC type or design examination certificate is referred to in the technical file accompanying the EC declaration of verification issued by the applicant for rolling stock declared as conformant to the modified type.

7.2.3.2   Interoperability constituents

This point concerns interoperability constituents which are subject to EC type examination (module CB), design examination (module CH1) or to suitability for use (module CV) in accordance with section 6.1 of this TSI.

The EC type or design examination or suitability for use certificate is valid for a ten-year period. During this time, new constituents of the same type are permitted to be placed on the market without a new type assessment, unless explicitly otherwise specified in the revision of this TSI. Before the end of the ten-year period, the constituent shall be assessed according to the latest revision of this TSI in force at that time, for those requirements that have changed or are new in comparison to the certification basis.

(*3)  Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66)."

(*4)  Commission Decision 2010/713/EU of 9 November 2010 on modules for the procedures for assessment of conformity, suitability for use and EC verification to be used in the technical specifications for interoperability adopted under Directive 2008/57/EC of the European Parliament and of the Council (OJ L 319, 4.12.2010, p. 1)."

(*5)  Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ amending Decision 2008/232/EC and repealing Decision 2011/229/EU (OJ L 356, 12.12.2014, p. 421).’;"

(52)

in section 7.2.2.2, a new footnote ‘(1) OJ L 356, 12.12.2014, p. 421.’ is added in the same page as text ‘Commission Regulation (EU) No 1304/2014 (1)’;

(53)

section 7.3.1 is replaced as follows:

‘The specific cases, as listed in point 7.3.2, are classified as:

“P” cases: “permanent” cases.

“T” cases: “temporary” cases, where the target system shall be reached by 31 December 2025.

All specific cases and their relevant dates shall be re-examined in the course of future revisions of the TSI with a view to limiting their technical and geographical scope based on an assessment of their impact on safety, interoperability, cross border services, TEN-T corridors, and the practical and economic impacts of retaining or eliminating them. Special account shall be given to availability of EU funding.

Specific cases shall be limited to the route or network where they are strictly necessary and taken account of through route compatibility procedures.

In case of a specific case applicable to a component defined as interoperability constituent in section 5.3 of this TSI, the conformity assessment has to be performed according to point 6.1.2.’;

(54)

section 7.3.2.1a. is added:

‘7.3.2.1a   Gauging (point 4.2.3.1)

Specific case Ireland and UK for Northern Ireland

(“P”) It is permissible for the reference profile of the upper and the lower part of the unit to be established in accordance with the national technical rules notified for this purpose.

This specific case does not prevent access of any TSI compliant rolling stock as long as it is also compatible with an IRL gauge (track gauge system 1 600 mm).’;

(55)

in section 7.3.2.2, the following text is deleted:

‘(b)    Specific case Portugal

(“P”) Units intended to operate on the Portuguese railway network shall be compliant with the target and prohibitive zones as set out in table 13.

Table 13

Target and prohibitive zone for units intended to be operated in Portugal

 

YTA [mm]

WTA [mm]

LTA [mm]

YPZ [mm]

WPZ [mm]

LPZ [mm]

Portugal

1 000

≥ 65

≥ 100

1 000

≥ 115

≥ 500’

(56)

in section 7.3.2.3, the text ‘EN 14363:2005 point 4.1.3.4.1’ is replaced by ‘EN 14363:2016 clause 6.1.5.3.1’;

(57)

in section 7.3.2.3, the following text is added below the text:

‘This specific case does not prevent the access of TSI compliant rolling stock to the national network.’;

(58)

section 7.3.2.4, ‘Running dynamic behaviour (point 4.2.3.5.2)’ is replaced by:

Specific case UK for Great Britain

(“P”) Base condition for use of simplified measuring method specified in EN 14363:2016 clause 7.2.2 should be extended to nominal static vertical wheelset forces (PF0) up to 250 kN. For technical compatibility with the existing network it is permissible to use national technical rules amending EN 14363:2016 and notified for the purpose of running dynamic behaviour.

This specific case does not prevent the access of TSI compliant rolling stock to the national network.

Specific case Ireland and UK for Northern Ireland

(“P”) For technical compatibility with the existing 1 600 mm track gauge network it is permissible to use notified national technical rules for the purpose of assessing running dynamic behaviour.

This specific case does not prevent the access of TSI compliant rolling stock to the national network.’;

(59)

section 7.3.2.5, ‘Characteristics of wheelsets (points 4.2.3.6.2)’ is replaced by:

‘7.3.2.5   Characteristics of wheelsets, wheels and axles (points 4.2.3.6.2 and 4.3.2.6.3)

Specific case UK for Great Britain

(“P”) For units intended to operate solely on the railway network of Great Britain the characteristics of the wheelsets, wheels and axles may be in accordance with the national technical rules notified for this purpose.

This specific case does not prevent the access of TSI compliant rolling stock to the national network.’;

(60)

section 7.3.2.6, ‘Characteristics of wheels (point 4.2.3.6.3)’ is deleted;

(61)

section 7.3.2.7 is re-numbered 7.3.2.6. The text of the section is replaced by:

‘Attachment devices for rear end signals (point 4.2.6.3)

Specific case Ireland and UK for Northern Ireland

(“P”) The attachment devices for rear-end signals on units intended to be operated only in traffic on networks with 1 600 mm track gauge shall conform with the national rules notified for the purpose.

This specific case does not prevent the access of TSI compliant rolling stock to the national network.’

(62)

section 7.3.2.7 is added:

‘7.3.2.7.   Rules to manage changes in both rolling stock and rolling stock type (7.2.2.2)

Specific case the United Kingdom (Great Britain)

(“P”) Any change to a vehicle swept envelope as defined in the national technical rules notified for the gauging process (for example as described in RIS-2773-RST) will be categorised as 15(1)(c) of Implementing Regulation (EU) 2018/545, and will not be classified as 21(12)(a) of Directive (EU) 2016/797.’

(63)

A new section 7.6 is added as follows:

‘7.6.   Aspects that have to be considered in the revision process or in other activities of the Agency

Further to the analysis performed during the drafting process of this TSI, particular aspects have been identified as of interest for the future development of the EU railway system.

These aspects are identified below.

7.6.1.   Rules for extension of area of use for existing rolling stock not covered by an EC declaration of verification

Pursuant to Article 54(2) and (3) of Directive (EU) 2016/797, vehicles authorised for placing in service prior to 15 June 2016 shall receive an authorization for placing on the market according to Article 21 of Directive (EU) 2016/797 in order to operate on one or more networks which are not yet covered by their authorisation. Such vehicles shall thus be conform to this TSI or benefit from a non-application of this TSI pursuant to Article 7(1) of Directive 2016/797/EC.

In order to facilitate the free movement of vehicles, provisions shall be developed to set out which level of flexibility could be granted to such vehicles as well as to vehicles which were not subject to authorization, as regards compliance with the TSI requirements while fulfilling the essential requirements, maintaining the appropriate safety level, and where reasonably practicable, improving it.’;

(64)

In Appendix A, the complete text is replaced by ‘Not used’;

(65)

In Appendix C, condition C.1 ‘Manual coupling system’, the text ‘The clearance for the draw hook shall be in accordance with chapter 2 of ERA technical document ERA/TD/2012-04/INT version 1.2 of 18.1.2013 published on the Agency website (http://www.era.europa.eu).’ is replaced by ‘The clearance for the draw hook shall be in accordance with clause 6.3.2 of EN 16116-2:2013.’;

(66)

In Appendix C, condition C.1 ‘Manual coupling system’, the text ‘The space for shunting staff operation shall be in accordance with chapter 3 of ERA technical document ERA/TD/2012-04/INT version 1.2 of 18.1.2013 published on the Agency website (http://www.era.europa.eu).’ is replaced by ‘The space for shunting staff operation shall be in accordance with clause 6.2.1 of EN 16116- 2:2013. For manual coupling systems equipped with 550 mm wide buffers the calculation of the free space may be done considering that the coupling gear components are lateral centrally positioned (D = 0 mm as defined in Annex A of EN 16116-2:2013).’;

(67)

In Appendix C, condition C.2 ‘UIC footsteps and handrails’ is replaced as follows:

‘2.   UIC footsteps and handrails

The unit shall be equipped with footsteps and handrails in accordance with chapters 4 and 5 of EN 16116-2:2013 and with clearances in accordance with clause 6.2.2 of EN 16116-2:2013.’;

(68)

In Appendix C, condition C.5 ‘Marking of units’, the following text is deleted:

‘Markings of EN 15877-1:2012 are required where applicable. The following are always applicable:

4.5.2 Gauge marking

4.5.3 Vehicle Tare Weight

4.5.4 Vehicle load table

4.5.5 Sign for length over buffers

4.5.12 Table of Maintenance dates

4.5.14 Lifting and re-railing signs

4.5.23 Distances between end axles and bogie centres

4.5.29 Brake weight.’;

(69)

In Appendix C, condition C.6 ‘G1 gauge’, the text ‘GIC1’ is replaced by ‘GI1’;

(70)

In Appendix C, condition C.8 ‘Tests concerning longitudinal compressive forces’, the text ‘EN 15839:2012’ is replaced by ‘EN 15839:2012+A1:2015’;

(71)

In Appendix C, condition C.9 ‘UIC brake’, the text ‘UIC 540:2006’ is replaced by the text ‘UIC 540:2014’ in points (c) and (e);

(72)

In Appendix C, condition C.9 ‘UIC brake’, the text ‘(i) The pneumatic half coupling’ is replaced by ‘(i) The pneumatic half coupling and its hose’;

(73)

In Appendix C, condition C.9 ‘UIC brake’, the text ‘(k) Brake block holders shall be in accordance with UIC leaflet 542:2010’ is replaced by ‘(k) Brake block holders shall be in accordance with UIC 542:2015’;

(74)

In Appendix C, condition C.9 ‘UIC brake’, the point (m) is replaced as follows:

‘(m)

Slack adjusters shall be in accordance with chapters 4 and 5 of EN 16241:2014. The assessment of conformity shall be carried out in accordance with clauses 6.3.2 to 6.3.5 of EN 16241:2014. Additionally, a life test shall be performed to demonstrate the suitability of the slack adjuster for service on the unit and to verify the maintenance requirements for the operational design life. This shall be carried out at the maximum rated load cycling through the full range of adjustment.’;

(75)

In Appendix C, condition C.9 ‘UIC brake’, the text ‘UIC 544-1:2013’ in row ‘Braking mode ‘G’’ of Table C.3 is replaced by the text ‘UIC 544-1:2014’;

(76)

In Appendix C, condition C.9 ‘UIC brake’, the text ‘EN 14531-1:2005 section 5.11’ of the footnote (1) of Table C.3 is replaced by the text ‘EN 14531-1:2015 section 4’;

(77)

In Appendix C, condition C.11 ‘Temperature ranges for air reservoirs, hoses and grease’ is replaced as follows condition:

‘11.   Temperature ranges for air reservoirs, hoses and grease

The following requirements are deemed to comply with any temperature range indicated in point 4.2.5:

Air reservoirs shall be designed for the temperature range of – 40 °C to + 70 °C.

Brake cylinders and brake couplings shall be designed for the temperature range of – 40 °C to + 70 °C.

Hoses for air brakes and air supply shall be specified for the temperature range of – 40 °C to + 70 °C.

The following requirement is deemed to comply with the range T1 indicated in point 4.2.5:

The grease for the lubrication of roller bearing shall be specified for ambient temperatures down to – 20 °C.’;

(78)

In Appendix C, condition C.12 ‘Welding’ is replaced as follows condition:

‘Welding shall be carried out in accordance with EN 15085-1:2007+A1:2013, EN 15085-2:2007, EN 15085- 3:2007, EN 15085-4:2007 and EN 15085-5:2007.’;

(79)

In Appendix C, the following text is added below the text in condition C.16 ‘Tow hooks’:

‘Alternative technical solutions are allowed as far as conditions 1.4.2 to 1.4.9 of UIC 535-2:2006 are respected. If the alternative solution is a cable eye bracket, it shall in addition have a minimum diameter of 85 mm.’;

(80)

In Appendix C, the following condition C.19 is added:

‘19.   Axle bearing condition monitoring

It shall be possible to monitor the axle bearing condition of the unit by means of line side detection equipment.’;

(81)

Appendix D is replaced as follows:

‘Appendix D

Mandatory standards or normative documents referred to in this TSI

TSI

Standard/document

Characteristics to be assessed

References to Standard or document

Clauses

Structure and mechanical part

4.2.2

 

Strength of unit

4.2.2.2

EN 12663-2:2010

5

EN 15877-1:2012

4.5.14

6.2.2.1

EN 12663-1:2010+A1:2014

9.2

EN 12663-2:2010

6, 7

Gauging and track interaction

4.2.3

 

Gauging

4.2.3.1

EN 15273-2:2013

all

Compatibility with load carrying capacity of lines

4.2.3.2

EN 15528:2015

6.1, 6.2

Compatibility with train detection systems

4.2.3.3

ERA/ERTMS/033281 rev. 4.0

See table 7 of this TSI

Axle bearing condition monitoring

4.2.3.4

EN 15437-1:2009

5.1, 5.2

Safety against derailment running on twisted track

4.2.3.5.1

6.2.2.2

EN 14363:2016

4, 5, 6.1

Running dynamic behaviour

4.2.3.5.2

EN 14363:2016

4, 5, 7

6.1.2.1

EN 14363:2016

4, 5, 7

6.2.2.3

EN 16235:2013

all

6.1.2.1

EN 13749:2011

6.2

Structural design of bogie frame

4.2.3.6.1

EN 13749:2011

6.2

6.1.2.1

EN 13749:2011

6.2

Characteristics of wheelsets

4.2.3.6.2

6.1.2.2

EN 13260:2009+A1:2010

3.2.1

Characteristics of wheels

4.2.3.6.3

6.1.2.3

EN 13979-1:2003+A1:2009

+A2:2011

7, 6.2

Characteristics of axles

4.2.3.6.4

6.1.2.4

EN 13103:2009 + A2:2012

4, 5, 6, 7

Axle boxes/bearings

4.2.3.6.5

 

6.2.2.4

EN 12082:2007+A1:2010

6

Running gear for manual change of wheelsets

4.2.3.6.7

6.2.2.5

UIC leaflet 430-1:2012

Annexes B, H, I

UIC 430-3:1995

Annex 7

Brake

4.2.4

 

Service brake

4.2.4.3.2.1

EN 14531-6:2009

all

UIC 544-1:2014

all

Parking brake

4.2.4.3.2.2

EN 14531-6:2009

6

Friction element for wheel tread brakes

4.2.4.3.5

6.1.2.5

ERA technical document ERA/TD/2013-02/INT

Version 3.0 of 27.11.2015

All

Environmental conditions

4.2.5

 

Environmental conditions

4.2.5

EN 50125-1:2014

4.7

6.2.2.7

System protection

4.2.6

 

Barriers

4.2.6.1.2.1

6.2.2.8.1

EN 1363-1:2012

all

Materials

4.2.6.1.2.2

6.2.2.8.2

ISO 5658- 2:2006/Am1:2011

all

EN 13501-1:2007+A1:2009

all

EN 45545-2:2013+A1:2015

Table 6

ISO 5660-1:2015

all

Cables

6.2.2.8.3

EN 50355:2013

all

EN 50343:2014

all

Flammable liquids

6.2.2.8.4

EN 45545-7:2013

all

Protective measures against indirect contact (protective bonding)

4.2.6.2. 1

EN 50153:2014

6.4

Protective measures against direct contact

4.2.6.2. 2

EN 50153:2014

5

Attachment devices for rear-end signal

4.2.6.3

EN 16116-2:2013

Figure 11

Standards or documents referred to in the additional optional conditions set out in Appendix C:

Additional optional conditions for units

App. C

Standard/UIC leaflet/document

Manual coupling system

C.1

EN 15566:2009+A1:2010

all (except 4.4)

EN 15551:2009+A1:2010

all

EN 16116-2:2013

6.2.1, 6.3.2

EN 15877-1:2012

Figure 75

UIC footsteps and handrails

C.2

EN 16116-2:2013

4, 5, 6.2.2

Ability to be hump shunted

C.3

EN 12663-2:2010

5, 8

Tests concerning longitudinal compressive forces

C.8

EN 15839:2012+A1:2015

all

UIC brake

C.9

EN 15355:2008+A1:2010

all

EN 15611:2008+A1:2010

all

UIC 540:2014

all

EN 14531-1:2015

4

EN 15624:2008+A1:2010

all

EN 15625:2008+A1:2010

all

EN 286-3:1994

all

EN 286-4:1994

all

EN 15807:2011

all

EN 14601:2005+A1:2010

all

UIC 544-1:2014

all

UIC 542:2015

all

UIC 541-4:2010

all

 

 

EN 16241:2014

4, 5, 6.3.2 to 6.3.5

EN 15595:2009+A1:2011

all

Welding

C.12

EN 15085-1:2007+A1:2013 EN 15085-2:2007

EN 15085-3:2007

EN 15085-4:2007

EN 15085-5:2007

all

Specific product properties concerning the wheel

C.15

EN 13262:2004

+A1:2008+A2:2011

all

EN 13979-1:2003

+A1:2009+A2:2011

all

Tow hooks

C.16

UIC 535-2:2006

1.4

Protective devices on protruding parts

C.17

UIC 535-2:2006

1.3

Label holders and attachment devices for rear end signal

C.18

UIC 575:1995

1

(82)

In Appendix E, the text ‘The lamp shall display a luminous area of at least 170 mm diameter. The lamp shall display a luminous area of at least 170 mm diameter. The reflector system shall be designed to display a lighting strength of at least 15 candela of red light along the axis of the lighting surface for an angle of opening of 15° horizontally and 5° vertically. The intensity must be at least 7.5 candela of red light.’ is replaced by ‘The tail lamp shall be designed to display a lighting intensity in accordance with table 8 of EN 15153-1:2013+A1:2016’;

(83)

In Appendix E, the text ‘EN 15153-1:2013’ is replaced by ‘EN 15153-1:2013+A1:2016’;

(84)

In Appendix F, the row ‘Variable gauge wheelsets’ of Table F.1 is replaced by:

‘Automatic variable gauge system

4.2.3.6.6

X

X

X

6.1.2.6/6.2.2.4a’


(*1)  The maintenance plan shall take into accounts the findings of the ERA Task force on Freight Maintenance (see “Final report on the activities of the Task Force Freight Wagon Maintenance” published on the ERA website http://www.era.europa.eu).’;

(*2)  Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU (OJ L 139 I, 27.5.2019, p. 5).’;

(*3)  Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66).

(*4)  Commission Decision 2010/713/EU of 9 November 2010 on modules for the procedures for assessment of conformity, suitability for use and EC verification to be used in the technical specifications for interoperability adopted under Directive 2008/57/EC of the European Parliament and of the Council (OJ L 319, 4.12.2010, p. 1).

(*5)  Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ amending Decision 2008/232/EC and repealing Decision 2011/229/EU (OJ L 356, 12.12.2014, p. 421).’;’


(1)  Change of the loading characteristics is not to be re-assessed in operation (loading/unloading of the wagon)

(2)  The rolling stock fulfilling one of the following conditions are deemed to be compatible with all rail inclinations:

Rolling stock assessed according to EN 14363:2016

Rolling stock assessed according to EN 14363:2005 (amended or not amended by ERA/TD/2012-17/INT) or UIC 518:2009 with the result, that there is no restriction to one rail inclination

vehicles assessed according to EN 14363:2005 (amended or not amended by ERA/TD/2012-17/INT) or UIC 518:2009 with the result, that there is a restriction to one rail inclination and a new assessment of the wheel-rail-contact test conditions based on real wheel- and rail profiles and measured track gauge show compliance with the requirements on wheel-rail-contact conditions of EN 14363:2016


ANNEX II

The Annex to Commission Regulation (EU) No 1299/2014 is amended as follows:

(1)

section 1.1 is replaced by the following:

‘1.1.   Technical Scope

This TSI concerns the infrastructure subsystem and part of the maintenance subsystem of the Union rail system in accordance with Article 1 of Directive (EU) 2016/797.

The infrastructure and the maintenance subsystems are defined respectively in points 2.1 and 2.8 of Annex II to Directive (EU) 2016/797.

The technical scope of this TSI is further defined in Article 2(1), 2(5) and 2(6) of this Regulation.’;

(2)

point (1) of section 1.3 is replaced by the following:

‘(1)

In accordance with Article 4(3) of Directive (EU) 2016/797, this TSI:

(a)

indicates its intended scope (section 2);

(b)

lays down essential requirements for the infrastructure and part of the maintenance subsystems (section 3);

(c)

establishes the functional and technical specifications to be met by the infrastructure and part of the maintenance subsystems and its interfaces vis-à-vis other subsystems (section 4);

(d)

specifies the interoperability constituents and interfaces which must be covered by European specifications, including European standards, which are necessary to achieve interoperability within the Union rail system (section 5);

(e)

states, in each case under consideration, which procedures are to be used in order to assess the conformity or the suitability for use of the interoperability constituents, on the one hand, or the EC verification of the subsystems, on the other hand (section 6);

(f)

indicates the strategy for implementing this TSI (section 7);

(g)

indicates, for the staff concerned, the professional qualifications and health and safety conditions at work required for the operation and maintenance of the infrastructure subsystem, as well as for the implementation of this TSI (section 4);

(h)

indicates the provisions applicable to the existing infrastructure subsystem, in particular in the event of upgrading and renewal and, in such cases, the modification work which requires an application for a new authorisation;

(i)

indicates the parameters of infrastructure subsystem to be checked by the railway undertaking and the procedures to be applied to check those parameters after the delivery of the vehicle authorisation for placing on the market and before the first use of the vehicle to ensure compatibility between vehicles and the routes on which they are to be operated.

In accordance with Article 4(5) of the Directive (EU) 2016/797, provisions for specific cases are indicated in section 7.’;

(3)

section 2.1 is replaced by the following:

‘2.1.   Definition of the infrastructure subsystem

This TSI covers:

(a)

the infrastructure structural subsystem

(b)

the part of the maintenance functional subsystem relating to the infrastructure subsystem (that is: washing plants for external cleaning of trains, water restocking, refuelling, fixed installations for toilet discharge and electrical shore supplies).

The elements of the infrastructure subsystem are described in point 2.1 of Annex II to Directive (EU) 2016/797.

The elements of the maintenance subsystem are described in point 2.8 of Annex II to Directive (EU) 2016/797.

The scope of this TSI therefore includes the following aspects of the infrastructure subsystem:

(a)

Line layout,

(b)

Track parameters,

(c)

Switches and crossings,

(d)

Track resistance to applied loads,

(e)

Structures resistance to traffic loads,

(f)

Immediate action limits on track geometry defects,

(g)

Platforms,

(h)

Health, safety and environment,

(i)

Provision for operation,

(j)

Fixed installations for servicing trains.

Further details are set out in point 4.2.2 of this TSI.’;

(4)

in section 2.5, the reference to ‘Directive 2004/49/EC’ is replaced by the reference to ‘Directive (EU) 2016/798’;

(5)

in section 3, the reference to ‘Directive 2008/57/EC’ is replaced by the reference to ‘Directive (EU) 2016/797’;

(6)

Table 1 in section 3 is replaced by the following:

Table 1

Basic Parameters of the infrastructure subsystem corresponding to the essential requirements

TSI point

Title of TSI point

Safety

Reliability Availability

Health

Environ-mental protection

Technical compatibility

Accessibility

4.2.3.1

Structure gauge

1.1.1, 2.1.1

 

 

 

1.5

 

4.2.3.2

Distance between track centres

1.1.1, 2.1.1

 

 

 

1.5

 

4.2.3.3

Maximum gradients

1.1.1

 

 

 

1.5

 

4.2.3.4

Minimum radius of horizontal curve

1.1.3

 

 

 

1.5

 

4.2.3.5

Minimum radius of vertical curve

1.1.3

 

 

 

1.5

 

4.2.4.1

Nominal track gauge

 

 

 

 

1.5

 

4.2.4.2

Cant

1.1.1, 2.1.1

 

 

 

1.5

1.6.1

4.2.4.3

Cant deficiency

1.1.1

 

 

 

1.5

 

4.2.4.4

Abrupt change of cant deficiency

2.1.1

 

 

 

 

 

4.2.4.5

Equivalent conicity

1.1.1, 1.1.2

 

 

 

1.5

 

4.2.4.6

Railhead profile for plain line

1.1.1, 1.1.2

 

 

 

1.5

 

4.2.4.7

Rail inclination

1.1.1, 1.1.2

 

 

 

1.5

 

4.2.5.1

Design geometry of switches and crossings

1.1.1, 1.1.2, 1.1.3

 

 

 

1.5

 

4.2.5.2

Use of swing nose crossings

1.1.2, 1.1.3

 

 

 

 

 

4.2.5.3

Maximum unguided length of fixed obtuse crossings

1.1.1, 1.1.2

 

 

 

1.5

 

4.2.6.1

Track resistance to vertical loads

1.1.1, 1.1.2, 1.1.3

 

 

 

1.5

 

4.2.6.2

Longitudinal track resistance

1.1.1, 1.1.2, 1.1.3

 

 

 

1.5

 

4.2.6.3

Lateral track resistance

1.1.1, 1.1.2, 1.1.3

 

 

 

1.5

 

4.2.7.1

Resistance of new bridges to traffic loads

1.1.1, 1.1.3

 

 

 

1.5

 

4.2.7.2

Equivalent vertical loading for new earthworks and earth pressure effects imposed on new structures

1.1.1, 1.1.3

 

 

 

1.5

 

4.2.7.3

Resistance of new structures over or adjacent to tracks

1.1.1, 1.1.3

 

 

 

1.5

 

4.2.7.4

Resistance of existing bridges and earthworks to traffic loads

1.1.1, 1.1.3

 

 

 

1.5

 

4.2.8.1

The immediate action limit for alignment

1.1.1, 1.1.2

1.2

 

 

 

 

4.2.8.2

The immediate action limit for longitudinal level

1.1.1, 1.1.2

1.2

 

 

 

 

4.2.8.3

The immediate action limit for track twist

1.1.1, 1.1.2

1.2

 

 

 

 

4.2.8.4

The immediate action limit of track gauge as isolated defect

1.1.1, 1.1.2

1.2

 

 

 

 

4.2.8.5

The immediate action limit for cant

1.1.1, 1.1.2

1.2

 

 

 

 

4.2.8.6

The immediate action limit for switches and crossings

1.1.1, 1.1.2

1.2

 

 

1.5

 

4.2.9.1

Usable length of platforms

1.1.1, 2.1.1

 

 

 

1.5

 

4.2.9.2

Platform height

1.1.1, 2.1.1

 

 

 

1.5

1.6.1

4.2.9.3

Platform offset

1.1.1, 2.1.1

 

 

 

1.5

1.6.1

4.2.9.4

Track layout alongside platforms

1.1.1, 2.1.1

 

 

 

1.5

1.6.1

4.2.10.1

Maximum pressure variations in tunnels

1.1.1, 2.1.1

 

 

 

1.5

 

4.2.10.2

Effect of cross winds

1.1.1, 2.1.1

1.2

 

 

1.5

 

4.2.10.3

Aerodynamic effect on ballasted track

1.1.1

1.2

 

 

1.5

 

4.2.11.1

Location markers

1.1.1

1.2

 

 

 

 

4.2.11.2

Equivalent conicity in service

1.1.1, 1.1.2

 

 

 

1.5

 

4.2.12.2

Toilet discharge

1.1.5

1.2

1.3.1

 

1.5

 

4.2.12.3

Train external cleaning facilities

 

1.2

 

 

1.5

 

4.2.12.4

Water restocking

1.1.5

1.2

1.3.1

 

1.5

 

4.2.12.5

Refuelling

1.1.5

1.2

1.3.1

 

1.5

 

4.2.12.6

Electric shore supply

1.1.5

1.2

 

 

1.5

 

4.4

Operating rules

 

1.2

 

 

 

 

4.5

Maintenance rules

 

1.2

 

 

 

 

4.6

Professional qualifications

1.1.5

1.2

 

 

 

 

4.7

Health and safety conditions

1.1.5

1.2

1.3

1.4.1’

 

 

(7)

in point (1) of section 4.1, the reference to ‘Directive 2008/57/EC’ is replaced by the reference to ‘Directive (EU) 2016/797’;

(8)

point (3) of section 4.1 is replaced by the following:

‘(3)

The functional and technical specifications of the infrastructure and part of the maintenance subsystems and their interfaces, as described in points 4.2 and 4.3, do not impose the use of specific technologies or technical solutions, except where this is strictly necessary for the interoperability of the Union rail system.’;

(9)

the title of section 4.2 is replaced by the following

‘4.2.    Functional and technical specifications of the infrastructure subsystem’;

(10)

points (1) to (3) of section 4.2.1 are replaced by the following:

‘(1)

The elements of the Union's rail network are set out in point 1 of Annex I to Directive (EU) 2016/797. In order to deliver interoperability cost-effectively, each element of the Union's rail network shall be assigned a “TSI category of line”.

(2)

The TSI category of line shall be a combination of traffic codes. For lines where only one type of traffic is carried (for example, a freight only line), a single code may be used to describe the performances; where mixed traffic runs the category will be described by one or more codes for passenger and freight. The combined traffic codes describe the envelope within which the desired mix of traffic can be accommodated.

(3)

These TSI categories of line shall be used for the classification of existing lines to define a target system so that the relevant performance parameters will be met.’;

(11)

in point (7) of section 4.2.1, note (*) of Table 3 is replaced by the following:

‘(*)

Axle load is based on design mass in working order for power heads and locomotives as defined in point 2.1 of EN 15663:2009+AC:2010 and design mass under normal payload for other vehicles in accordance with point 6.3 of EN15663:2009+AC:2010.’;

(12)

point (10) of section 4.2.1 is replaced by the following:

‘(10)

In accordance with Article 4(7) of Directive (EU) 2016/797 which provides that TSIs shall not prevent the Member States from deciding on the use of infrastructures for the movement of vehicles not covered by the TSIs, it is allowed to design new and upgraded lines able to accommodate:

gauges larger,

axle loads higher,

speeds greater,

usable length of platform greater,

trains longer

than those specified in Table 2 and Table 3.’;

(13)

point (c) of point H in section 4.2.2.1 is replaced by the following:

‘(c)

Aerodynamic effect on ballasted track (4.2.10.3)’;

(14)

in point K of section 4.2.2.1 the following point is added:

‘(b)

Maintenance plan (4.5.2).’;

(15)

point (5) in section 4.2.4.2 is replaced by the following:

‘(5)

Instead of point (1), for the 1 668 mm track gauge system, the design cant shall not exceed 185 mm.’;

(16)

point (4) in section 4.2.4.4 is replaced by the following:

‘(4)

Instead of point (1), for the 1 668 mm track gauge system, the maximum design values of abrupt change of cant deficiency shall be:

(a)

150 mm for V ≤ 45 km/h

(b)

115 mm for 45 km/h < V ≤ 100 km/h,

(c)

(399-V)/2.6 [mm] for 100 km/h < V ≤ 220 km/h,

(d)

70 mm for 220 km/h < V ≤ 230 km/h,

(e)

Abrupt change of cant deficiency is not allowed for speeds of more than 230 km/h.’;

(17)

point (3) in section 4.2.4.5 is replaced by the following:

‘(3)

Design track gauge, rail head profile and rail inclination for plain line shall be selected to ensure that the equivalent conicity limits set out in Table 10 are not exceeded.’;

(18)

figure 1 in section 4.2.4.6 is replaced by the following:

Figure 1

Railhead profile

Image 2

1:∞ to 1:16

1 crown of rail

2 tangent point

3 lateral slope

4 vertical axis of rail head

5 gauge corner

(19)

point (2) in section 4.2.4.7.1 is replaced by the following:

‘(2)

For tracks intended to be operated at speeds greater than 60 km/h, the rail inclination for a given route shall be selected from the range 1/20 to 1/40.’;

(20)

point (2) in section 4.2.6.2.2 is replaced by the following:

‘(2)

Provisions for the use of eddy current braking systems on track shall be defined at operational level by the infrastructure manager on the basis of the specific characteristics of the track, including switches and crossings. The conditions of use of this braking system are registered in accordance with Commission Implementing Regulation (EU) 2019/777 (*1) (RINF).

(*1)  Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU (OJ L 139 I, 27.5.2019, p. 312).’;"

(21)

Table 11 in section 4.2.7.1.1 is replaced by the following:

Table 11

Factor alpha (α) for the design of new structures

Type of traffic

Minimum factor alpha (α)

P1, P2, P3, P4

1,0

P5

0,91

P6

0,83

P1520

1

P1600

1,1

F1, F2, F3

1,0

F4

0,91

F1520

1,46

F1600

1,1’

(22)

section 4.2.10.3 is replaced by the following:

‘4.2.10.3   Aerodynamic effect on ballasted track

(1)

The aerodynamic interaction between rolling stock and infrastructure may cause the lifting and further blowing away of ballast stones from the track bed in plain line and switches and crossings (Ballast pick up). This risk shall be mitigated.

(2)

The requirements for the infrastructure subsystem aimed at mitigating the risk for “ballast pick up” apply only to lines intended to be operated at speed greater than 250 km/h.

(3)

The requirements of point (2) above are an open point.’;

(23)

section 4.2.12.2 is replaced by the following:

‘4.2.12.2   Toilet discharge

Fixed installations for toilet discharge shall be compatible with the characteristics of the retention toilet system specified in the LOC & PAS TSI.’;

(24)

point (1) in section 4.2.12.4 is replaced by the following:

‘(1)

Fixed equipment for water restocking shall be compatible with the characteristics of the water system specified in the LOC & PAS TSI.’;

(25)

section 4.2.12.5 is replaced by the following:

‘4.2.12.5   Refuelling

Refuelling equipment shall be compatible with the characteristics of the fuel system specified in the LOC & PAS TSI.’;

(26)

section 4.2.12.6 is replaced by the following:

‘4.2.12.6   Electrical shore supply

Where provided, electrical shore supply shall be by means of one or more of the power supply systems specified in the LOC & PAS TSI.’;

(27)

Table 15 in section 4.3.1 is replaced by the following:

Table 15

Interfaces with the rolling stock subsystem, “Locomotives and Passenger Rolling Stock TSI”

Interface

Reference Infrastructure TSI

Reference Locomotives and Passenger Rolling Stock TSI

Track gauge

4.2.4.1

Nominal track gauge

4.2.5.1

Design geometry of switches and crossings

4.2.8.6

The immediate action limits for switches and crossings

4.2.3.5.2.1

Mechanical and geometrical characteristics of wheelset

4.2.3.5.2.3

Variable gauge wheelsets

Gauge

4.2.3.1

Structure gauge

4.2.3.2

Distance between track centres

4.2.3.5

Minimum radius of vertical curve

4.2.9.3

Platform offset

4.2.3.1

Gauging

Axle load and axle spacing

4.2.6.1

Track resistance to vertical loads

4.2.6.3

Lateral track resistance

4.2.7.1

Resistance of new bridges to traffic loads

4.2.7.2

Equivalent vertical loading for new earthworks and earth pressure effects imposed on new structures

4.2.7.4

Resistance of existing bridges and earthworks to traffic loads

4.2.2.10

Load conditions and weighed mass

4.2.3.2.1

Axle load parameter

Running characteristics

4.2.6.1

Track resistance to vertical loads

4.2.6.3

Lateral track resistance

4.2.7.1.4

Nosing forces

4.2.3.4.2.1

Limit values for running safely

4.2.3.4.2.2

Track loading limit values

Ride stability

4.2.4.4

Equivalent conicity

4.2.4.6

Railhead profile for plain line

4.2.11.2

Equivalent conicity in service

4.2.3.4.3

Equivalent conicity

4.2.3.5.2.2

Mechanical and geometrical characteristics of wheels

Longitudinal actions

4.2.6.2

Longitudinal track resistance

4.2.7.1.5

Actions due to traction and braking (longitudinal loads)

4.2.4.5

Braking performance

Minimum horizontal curve radius

4.2.3.4

Minimum radius of horizontal curve

4.2.3.6

Minimum curve radius

Annex A, A.1 Buffers

Running dynamic behaviour

4.2.4.3

Cant deficiency

4.2.3.4.2

Running dynamic behaviour

Maximum deceleration

4.2.6.2

Longitudinal track resistance

4.2.7.1.5

Actions due to traction and braking

4.2.4.5

Braking performance

Aerodynamic effect

4.2.3.2

Distance between track centres

4.2.7.3

Resistance of new structures over or adjacent to tracks

4.2.10.1

Maximum pressure variations in tunnels

4.2.10.3

Aerodynamic effect on ballasted track

4.2.6.2.1

Slipstream effects on passengers on platforms and on trackside workers

4.2.6.2.2

Head pressure pulse

4.2.6.2.3

Maximum pressure variations in tunnels

4.2.6.2.5

Aerodynamic effect on ballasted tracks

Crosswind

4.2.10.2

Effect of crosswinds

4.2.6.2.4

Crosswind

Installations for servicing trains

4.2.12.2

Toilet discharge

4.2.12.3

Train external cleaning facilities

4.2.12.4

Water restocking

4.2.12.5

Refuelling

4.2.12.6

Electric shore supply

4.2.11.3

Toilet discharge system

4.2.11.2.2

Exterior cleaning through a washing plant

4.2.11.4

Water refilling equipment

4.2.11.5

Interface for water refilling

4.2.11.7

Refuelling equipment

4.2.11.6

Special requirements for stabling of trains’

(28)

Table 16 in section 4.3.1 is replaced by the following:

Table 16

Interfaces with the rolling stock subsystem, “Freight Wagons TSI”

Interface

Reference Infrastructure TSI

Reference Freight wagons TSI

Track gauge

4.2.4.1

Nominal track gauge

4.2.4.6

Railhead profile for plain line

4.2.5.1

Design geometry of switches and crossings

4.2.8.6

The immediate action limits for switches and crossings

4.2.3.6.2

Characteristics of wheelsets

4.2.3.6.3

Characteristics of wheels

Gauge

4.2.3.1

Structure gauge

4.2.3.2

Distance between track centres

4.2.3.5

Minimum radius of vertical curve

4.2.9.3

Platform offset

4.2.3.1

Gauging

Axle load and axle spacing

4.2.6.1

Track resistance to vertical loads

4.2.6.3

Lateral track resistance

4.2.7.1

Resistance of new bridges to traffic loads

4.2.7.2

Equivalent vertical loading for new earthworks and earth pressure effects imposed on new structures

4.2.7.4

Resistance of existing bridges and earthworks to traffic loads

4.2.3.2

Compatibility with load carrying capacity of lines

Running dynamic behaviour

4.2.8

Immediate action limits on track geometry defects

4.2.3.5.2

Running dynamic behaviour

Longitudinal actions

4.2.6.2

Longitudinal track resistance

4.2.7.1.5

Actions due to traction and braking (longitudinal loads)

4.2.4.3.2

Brake performance

Minimum curve radius

4.2.3.4

Minimum radius of horizontal curve

4.2.2.1

Mechanical interface

Vertical curve

4.2.3.5

Minimum radius of vertical curve

4.2.3.1

Gauging’

(29)

Table 19 in section 4.3.4 is replaced by the following:

Table 19

Interfaces with the operation and traffic management subsystem

Interface

Reference Infrastructure TSI

Reference Operation and Traffic Management TSI

Ride stability

4.2.11.2

Equivalent conicity in service

4.2.3.4.4

Operational quality

Use of eddy current brakes

4.2.6.2

Longitudinal track resistance

4.2.2.6.2

Braking performance

Crosswinds

4.2.10.2

Effect of crosswinds

4.2.3.6.3

Contingency arrangements

Operating rules

4.4

Operating rules

4.2.1.2.2.2

Modifications to information contained in the route book

4.2.3.6

Degraded operation

Staff competences

4.6

Professional competences

2.2.1

Staff and trains’

(30)

in point (1) of section 4.4, the terms ‘Article 18(3) and set out in Annex VI (point I.2.4) of Directive 2008/57/EC’ are replaced by the terms ‘Article 15(4) and set out in Annex IV (point 2.4) of Directive (EU) 2016/797’;

(31)

section 4.5.2 is replaced by the following:

‘4.5.2.   Maintenance plan

The infrastructure manager shall have a maintenance plan containing the items listed in point 4.5.1 together with at least the following:

(a)

a set of values for intervention limits and alert limits,

(b)

a statement about the methods, professional competences of staff and personal protective safety equipment necessary to be used,

(c)

the rules to be applied for the protection of people working on or near the track,

(d)

the means used to check that in-service values are respected,

(e)

the measures taken, for speed greater than 250 km/h, to mitigate the risk of ballast pick up.’;

(32)

point (1) in section 4.7 is replaced by the following:

‘(1)

the health and safety conditions of staff required for the operation and maintenance of the infrastructure subsystem shall be compliant with the relevant European and national legislation.’;

(33)

point (b) of point (2) in section 5.3.2 is replaced by the following:

‘(b)

the rail fastening shall resist application of 3 000 000 cycles of the typical load applied in a sharp curve, such that the change in performance of the fastening system shall not exceed:

20 % in terms of clamping force,

25 % in terms of vertical stiffness,

a reduction of more than 20 % in terms of longitudinal restraint.

The typical load shall be appropriate to:

the maximum axle load the rail fastening system is designed to accommodate,

the combination of rail, rail inclination, rail pad and type of sleepers with which the fastening system may be used.’;

(34)

section 6.1.4.1 is replaced by the following:

‘6.1.4.1.   Interoperability constituents subject to other European Union Directives

(1)

in accordance with Article 10(3) of Directive (EU) 2016/797, for interoperability constituents that are the subject of other legal acts of the Union covering other matters, the EC declaration of conformity or suitability for use shall state that the interoperability constituents also meet the requirements of those other legal acts;

(2)

in accordance with Annex I to Commission Implementing Regulation (EU) 2019/250 (*2), the EC declaration of conformity or suitability for use shall include a list of restrictions or conditions of use.

(*2)  Commission Implementing Regulation (EU) 2019/250 of 12 February 2019 on the templates for “EC” declarations and certificates for railway interoperability constituents and subsystems, on the model of declaration of conformity to an authorised railway vehicle type and on the “EC” verification procedures for subsystems in accordance with Directive (EU) 2016/797 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 201/2011 (OJ L 42, 13.2.2019, p. 9).’;"

(35)

in point (1) of section 6.2.1, the reference to ‘Article 18 of Directive 2008/57/EC’ is replaced by the reference to ‘Article 15 of Directive (EU) 2016/797’;

(36)

point (6) of section 6.2.1 is replaced by the following:

‘(6)

The applicant shall draw up the EC declaration of verification for the infrastructure subsystem in accordance with Article 15 of Directive (EU) 2016/797’;

(37)

in section 6.2.4 the following point is added after point 6.2.4.14:

‘6.2.4.15.   Assessment of compatibility with braking systems

The assessment of the requirements laid down in point 4.2.6.2.2(2) is not required.’;

(38)

point (3) of section 6.4 is replaced by the following:

‘(3)

The notified body shall include a reference to the maintenance file required by point 4.5.1 of this TSI in the technical file referred to in Article 15(4) of Directive (EU) 2016/797.’;

(39)

in point (2) of section 6.5.2, the reference to ‘Article 17 of Directive 2008/57/EC’ is replaced by the reference to ‘Article 14 of Directive (EU) 2016/797’;

(40)

the first paragraph in section 7 above section 7.1 is replaced by the following:

‘Member States shall develop a national plan for the implementation of this TSI, considering the coherence of the entire rail system of the European Union. This plan shall include all projects regarding new, renewal and upgrading of infrastructure subsystem, in line with the details mentioned in points 7.1 to 7.7 here below.’;

(41)

section 7.3.1 is replaced by the following:

‘7.3.1.   Upgrading or renewal of a line

(1)

In accordance with Article 2(14) of Directive (EU) 2016/797, “upgrading” means any major modification work on a subsystem or part of it which results in a change in the technical file accompanying the “EC” declaration of verification, if that technical file exists, and which improves the overall performance of the subsystem.

(2)

The infrastructure subsystem of a line is considered to be upgraded in the context of this TSI when at least the performance parameters axle load or gauge, as defined in point 4.2.1 are improved in order to meet the requirements of another traffic code.

(3)

In accordance with Article 2(15) of Directive (EU) 2016/797, “renewal” means any major substitution work on a subsystem or part of it which does not change the overall performance of the subsystem.

(4)

For this purpose, major substitution should be interpreted as a project undertaken to systematically replace elements of a line or a section of a line. Renewal differs from a substitution in the framework of maintenance, referred to in point 7.3.3 below, since it gives the opportunity to achieve a TSI compliant line. A renewal is the same case as upgrading, but without a change in performance parameters.

(5)

The scope of the upgrading or renewal of the infrastructure subsystem may cover the entire subsystem on a given line or only certain parts of the subsystem. According to Article 18(6) of Directive (EU) 2016/797, the national safety authority shall examine the project and decide whether a new authorisation for placing in service is needed.

(6)

Where a new authorisation is required, parts of the infrastructure subsystem falling under the scope of the upgrading or renewal shall comply with this TSI and shall be subject to the procedure established in Article 15 of Directive (EU) 2016/797, unless a permission for non-application of TSI is granted according to Article 7 of Directive (EU) 2016/797.

(7)

Where a new authorisation for placing in service is not required, compliance with this TSI is recommended. Where compliance is not possible, the contracting entity shall inform the Member State of the reasons thereof.’;

(42)

section 7.3.2 is deleted;

(43)

point (4) in section 7.3.3 is replaced by the following:

‘(4)

In such cases, it is noted that each of the above elements taken separately cannot ensure compliance of the whole subsystem. The conformity of a subsystem can only be stated when all the elements are compliant with the TSI.’;

(44)

section 7.6 is replaced by the following:

‘7.6.   Route compatibility checks before the use of authorised vehicles

The procedure to be applied and the parameters of the infrastructure subsystem to be used by the railway undertaking, for the purpose of route compatibility check are described in point 4.2.2.5 and appendix D1 of the Annex to Commission Implementing Regulation (EU) 2019/773 (*3).

(*3)  Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU (OJ L 139 I, 27.5.2019, p. 5).’;"

(45)

in section 7.7, after point (b) and above section 7.7.1, the following paragraph is added:

‘All specific cases and their relevant dates shall be re-examined in the course of future revisions of the TSI with a view to limiting their technical and geographical scope based on an assessment of their impact on safety, interoperability, cross border services, TEN-T corridors, and the practical and economic impacts of retaining or eliminating them. Special account shall be given to availability of EU funding.

Specific cases shall be limited to the route or network where they are strictly necessary and taken account of through route compatibility procedures.’;

(46)

in section 7.7.2.1 the second paragraph is replaced by the following:

‘For platform heights of 550 mm and 760 mm, the conventional value bq0 of platform offset shall be calculated according to the following formulas:’;

(47)

in section 7.7.8.1 the title ‘Platform height (4.2.9.3)’ is replaced by ‘Platform height (4.2.9.2)’;

(48)

point (2) of section 7.7.11.1 is deleted;

(49)

section 7.7.13.5 is replaced by the following:

‘7.7.13.5.   Platform height (4.2.9.2)

P cases

For the nominal track gauge of 1 668 mm, for upgraded or renewed platforms the nominal platform height of 685 mm (general use) or 900 mm (urban and suburban traffic) above the running surface for radii of more than 300 m or 350 m respectively shall be allowed.’;

(50)

Table 36 in Appendix A is replaced by the following:

Table 36

Assessment of interoperability constituents for the EC declaration of conformity

Characteristics to be assessed

Assessment in the following phase

Design and development phase

Production phase

Manufacturing process + product test

Design review

Review of manufacturing process

Type test

Product quality

(series)

5.3.1

The rail

 

 

 

 

5.3.1.1

Railhead profile

X

n.a.

X

X

5.3.1.2

Rail steel

X

X

X

X

5.3.2

The rail fastening systems

n.a.

n.a.

X

X

5.3.3

Track sleepers

X

X

n.a.

X’

(51)

in Table 37 in Appendix B, the row concerning ‘Longitudinal track resistance’ is replaced by the following:

Characteristics to be assessed

Design review

Assembly before putting into service

Particular assessment procedures

‘Longitudinal track resistance (4.2.6.2)

X

n.a

6.2.5

6.2.4.15’

(52)

point (c) in Appendix C2 is replaced by the following:

‘(c)

Bearer’;

(53)

Appendix E is amended as follows:

(a)

the second paragraph is replaced by the following:

‘EN line category is a function of axle load and geometrical aspects relating to the spacing of axles. EN line categories are set out in Annex A of EN 15528:2015.’;

(b)

Table 38 is replaced by the following:

Table 38

EN Line Category — Associated Speed (1) (6) [km/h] — Passenger traffic

Traffic code

Passenger Carriages (including Coaches, Vans and Car Carriers) and Light Freight Wagons (2) (3)

Locomotives and Power Heads (2) (4)

Electric or Diesel Multiple Units, Power Units and Railcars (2)(3)

P1

n.a. (12)

n.a. (12)

Open Point

P2

n.a. (12)

n.a. (12)

Open Point

P3a (> 160 km/h)

A – 200

B1 – 160

D2 – 200 (11)

Open point

P3b (≤ 160 km/h)

B1 – 160

D2 – 160

C2 (18) – 160

D2 (9) – 120

P4a (> 160 km/h)

A – 200

B1 – 160

D2 – 200 (11)

Open point

P4b (≤ 160 km/h)

A – 160

B1 – 140

D2 – 160

B1 (7) – 160

C2 (8) – 140

D2 (9) – 120

P5

B1 – 120

C2 – 120 (5)

B1 (7) – 120

P6

a12

P1520

Open point

P1600

Open point’

(c)

note (1) is replaced by the following:

‘(1)

The indicated speed value in the table represents the maximum requirement for the line and may be lower in accordance with the requirements in point 4.2.1(12). When checking individual structures on the line, it is acceptable to take account of the type of vehicle and local allowed speed.’;

(d)

note (2) is replaced by the following:

‘(2)

Passenger Carriages (including Coaches, Vans, Car Carriers), Other Vehicles, Locomotives, Power Heads, Diesel and Electric Multiple Units, Power Units and Railcars are defined in the LOC & PAS TSI. Light Freight Wagons are defined as vans except that they are allowed to be conveyed in formations which are not intended to convey passengers.’;

(e)

note (10) is deleted;

(f)

the following note (12) is added:

‘(12)

Taking into account the state of art of operation there is no need to define harmonized requirements to deliver an adequate level of interoperability for this type of vehicles for P1 and P2 traffic codes.’;

(54)

Appendix F is amended as follows:

(a)

Table 40 is replaced by the following:

Table 40

Route Availability number —Associated Speed (1) (5) [miles per hour] — Passenger traffic

Traffic code

Passenger Carriages (including Coaches, Vans and Car Carriers) and Light Freight Wagons (2) (3) (6)

Locomotives and Power Heads (2) (4)

Electric or Diesel Multiple Units, Power Units and Railcars (2) (3) (6)

P1

n.a. (11)

n.a. (11)

Open Point

P2

n.a. (11)

n.a. (11)

Open Point

P3a (> 160 km/h)

RA1 – 125

RA2 – 90

RA7 – 125 (7)

RA8 – 110 (7)

RA8 – 100 (8)

RA5 – 125 (9)

Open point

P3b (≤ 160 km/h)

RA1 – 100

RA2 – 90

RA8 – 100 (8)

RA5 – 100 (9)

RA3 – 100

P4a (> 160 km/h)

RA1 – 125

RA2 – 90

RA7 – 125 (7)

RA7 – 100 (8)

RA4 – 125 (9)

Open point

P4b (≤ 160 km/h)

RA1 – 100

RA2 – 90

RA7 – 100 (8)

RA4 – 100 (9)

RA3 – 100

P5

RA1 – 75

RA5 – 75 (8) (10)

RA4 – 75 (9) (10)

RA3 – 75

P6

RA1

P1600

Open point’

(b)

note (1) is replaced by the following:

‘(1)

The indicated speed value in the table represents the maximum requirement for the line and may be lower in accordance with the requirements in point 4.2.1(12). When checking individual structures on the line, it is acceptable to take account of the type of vehicle and local allowed speed.’;

(c)

note (2) is replaced by the following;

‘(2)

Passenger Carriages (including Coaches, Vans, Car Carriers), Other Vehicles, Locomotives, Power Heads, Diesel and Electric Multiple Units, Power Units and Railcars are defined in the LOC & PAS TSI. Light Freight Wagons are defined as vans except that they are allowed to be conveyed in formations which are not intended to convey passengers.’;

(d)

the following note (11) shall be added:

‘(11)

Taking into account the state of art of operation there is no need to define harmonized requirements to deliver an adequate level of interoperability for this type of vehicles for P1 and P2 traffic codes.’;

(55)

the fourth paragraph in Appendix K, immediately above Table 45, is deleted;

(56)

Appendix L is deleted;

(57)

the second paragraph of point P3 in Appendix P is modified by the following (normal font):

‘The vertical curve radius Rv is limited to 500 m. Heights not exceeding 80 mm shall be considered as zero within a radius Rv between 500 m and 625 m.’;

(58)

Table 47 in Appendix Q is replaced by the following:

Table 47

Notified national technical rules for UK-GB Specific Cases

Specific Case

TSI Point

Requirement

NTR Ref

NTR Title

7.7.17.1

4.2.1: Table 2 & Table 3

Categories of line: Gauge

GI/RT7073

Requirements for the Position of Infrastructure and for Defining and Maintaining Clearances

GE/RT8073

Requirements for the Application of Standard Vehicle Gauges

GI/RT7020

GB Requirements for Platform Height, Platform Offset and Platform Width

7.7.17.2 & 7.7.17.9

4.2.3.1 & 6.2.4.1

Structure gauge

GI/RT7073

Requirements for the Position of Infrastructure and for Defining and Maintaining Clearances

GE/RT8073

Requirements for the Application of Standard Vehicle Gauges

GI/RT7020

GB Requirements for Platform Height, Platform Offset and Platform Width

7.7.17.3 & 7.7.17.10

4.2.3.2: Table 4 & 6.2.4.2

Distance between track centres

GI/RT7073

Requirements for the Position of Infrastructure and for Defining and Maintaining Clearances

7.7.17.4

4.2.5.3 & Appendix J

Maximum unguided length of fixed obtuse crossings

GC/RT5021

Track System Requirements

GM/RT2466

Railway Wheelsets

7.7. 17.6

4.2.9.2

Platform height

GI/RT7020

GB Requirements for Platform Height, Platform Offset and Platform Width

7.7. 17.7 & 7.7. 17.11

4.2.9.3 & 6.2.4.11

Platform offset

GI/RT7020

GB Requirements for Platform Height, Platform Offset and Platform Width

GI/RT7073

Requirements for the Position of Infrastructure and for Defining and Maintaining Clearances’

(59)

Appendix R is replaced by the following:

‘Appendix R

List of open points

(1)

Immediate action limits for isolated defects in alignment for speeds of more than 300 km/h (4.2.8.1).

(2)

Immediate action limits for isolated defects in longitudinal level for speeds of more than 300 km/h (4.2.8.2).

(3)

The minimum allowed value of distance between track centres for the uniform structure gauge IRL3 is an open point (7.7.18.2).

(4)

EN Line Category — Associated Speed [km/h] for Traffic codes P1 (multiple units), P2 (multiple units), P3a (multiple units), P4a (multiple units), P1520 (all vehicles), P1600 (all vehicles), F1520 (all vehicles) and F1600 (all vehicles) in Appendix E, Tables 38 and 39.

(5)

Route Availability Number — Associated Speed [miles/h] for Traffic codes P1 (multiple units), P2 (multiple units), P3a (multiple units), P4a (multiple units), P1600 (all vehicles) and F1600 (all vehicles) in Appendix F, Tables 40 and 41.

(6)

Rules and drawings related to gauges IRL1, IRL2 and IRL3 are an open point (Appendix O).

(7)

The requirements for mitigating the risk for ballast pick up for speed greater than 250 km/h.
;

(60)

Table 48 in Appendix S is replaced by the following:

Table 48

Terms

Defined term

TSI point

Definition

Actual point (RP)/

Praktischer Herzpunkt/

Pointe de coeur

4.2.8.6

Physical end of a crossing vee. See Figure 2, which shows the relationship between the actual point (RP) and the intersection point (IP).

Alert limit/

Auslösewert/

Limite d'alerte

4.5.2

Refers to the value which, if exceeded, requires that the track geometry condition is analysed and considered in the regularly planned maintenance operations.

Axle load/

Achsfahrmasse/

Charge à l'essieu

4.2.1, 4.2.6.1

Sum of the static vertical wheel forces exerted on the track through a wheelset or a pair of independent wheels divided by acceleration of gravity.

Braking systems independent of wheel-rail adhesion conditions

4.2.6.2.2

“Braking systems independent of wheel – rail adhesion conditions” refers to all brake systems of the rolling stock capable to develop a brake force applied to the rails independently of the wheel – rail adhesion conditions (e.g. magnetic braking systems and eddy current braking systems)

Cant/

Überhöhung/

Dévers de la voie

4.2.4.2

4.2.8.5

Difference in height, relative to the horizontal, of the two rails of one track at a particular location, measured at the centrelines of the heads of the rails.

Cant deficiency/Überhöhungsfehlbetrag/Insuffisance de devers

4.2.4.3

Difference between the applied cant and a higher equilibrium cant.

Common crossing/

Starres Herzstück/

Coeur de croisement

4.2.8.6

Arrangement ensuring intersection of two opposite running edges of turnouts or diamond crossings and having one crossing vee and two wing rails.

Crosswind/

Seitenwind/

Vents traversiers

4.2.10.2

Strong wind blowing laterally to a line which may adversely affect the safety of trains running.

Design value/

Planungswert/

Valeur de conception

4.2.3.4, 4.2.4.2, 4.2.4.5, 4.2.5.1, 4.2.5.3

Theoretical value without manufacturing, construction or maintenance tolerances.

Design track gauge/

Konstruktionsspurweite/

Ecartement de conception de la voie

5.3.3

A single value which is obtained when all the components of the track conform precisely to their design dimensions or their median design dimension when there is a range.

Distance between track centres/

Gleisabstand/

Entraxe de voies

4.2.3.2

The distance between points of the centre lines of the two tracks under consideration, measured parallel to the running surface of the reference track namely the less canted track.

Dynamic lateral force/Dynamische Querkraft/

Effort dynamique transversal

4.2.6.3

The sum of dynamic forces exerted by a wheelset on the track in lateral direction.

Earthworks/

Erdbauwerke/

Ouvrages en terre

4.2.7.2, 4.2.7.4

Soil structures and soil-retaining structures that are subject to railway traffic loading.

EN Line Category/

EN Streckenklasse/

EN Catégorie de ligne

4.2.7.4, Appendix E

The result of the classification process set out in EN 15528:2015 Annex A and referred to in that standard as “Line Category”. It represents the ability of the infrastructure to withstand the vertical loads imposed by vehicles on the line or section of line for regular (“normal”) service.

Equivalent conicity/

Äquivalente Konizität/

Conicité équivalente

4.2.4.5, 4.2.11.2

The tangent of the cone angle of a wheelset with coned wheels whose lateral movement has the same kinematic wavelength as the given wheelset on straight track and large-radius curves.

Fixed nose protection/

Leitweite/

Cote de protection de pointe

4.2.5.3, Appendix J

Dimension between the crossing nose and check rail (see dimension No 2 on Figure 10 below).

Flangeway depth/

Rillentiefe/

Profondeur d'ornière

4.2.8.6

Dimension between the running surface and the bottom of flangeway (see dimension No 6 on Figure 10 below).

Flangeway width/

Rillenweite/

Largeur d'ornière

4.2.8.6

Dimension between a running rail and an adjacent check or wing rail (see dimension No 5 on Figure 10 below).

Free wheel passage at check rail/wing rail entry/

Freier Raddurchlauf im Radlenker-Einlauf/Flügelschienen-Einlauf/Côte d'équilibrage du contre-rail

4.2.8.6

Dimension between the working face of the crossing check rail or wing rail and the gauge face of the running rail opposite across the gauge measured at entry to check rail or wing rail respectively.

(see dimensions No 4 on Figure 10 below). The entry to the check rail or wing rail is the point at which the wheel is allowed to contact the check rail or wing rail.

Free wheel passage at crossing nose/

Freier Raddurchlauf im Bereich der Herzspitze/

Cote de libre passage dans le croisement

4.2.8.6

Dimension between the working face of the crossing wing rail and check rail opposite across the gauge (see dimension No 3 on Figure 10 below).

Free wheel passage in switches/Freier Raddurchlauf im Bereich der Zungen-vorrichtung/Côte de libre passage de l'aiguillage

4.2.8.6.

Dimension from the gauge face of one switch rail to the back edge of the opposite switch rail (see dimension No 1 on Figure 10 below).

Gauge/

Begrenzungslinie/

Gabarit

4.2.1,

4.2.3.1

Set of rules including a reference contour and its associated calculation rules allowing definition of the outer dimensions of the vehicle and the space to be cleared by the infrastructure.

HBW/HBW/HBW

5.3.1.2

The non SI unit for steel hardness defined in EN ISO 6506-1:2005 Metallic materials – Brinell hardness test. Test method.

Height of check rail/

Radlenkerüberhöhung/

Surélévation du contre rail

4.2.8.6,

Appendix J

Height of the check rail above the running surface (see dimension 7 on Figure 14 below).

Immediate Action Limit/Soforteingriffsschwelle/

Limite d'intervention immédiate

4.2.8, 4.5

The value which, if exceeded, requires taking measures to reduce the risk of derailment to an acceptable level.

Infrastructure Manager/

Betreiber der Infrastruktur/

Gestionnaire de l'Infrastructure

4.2.5.1, 4.2.8.3, 4.2.8.6, 4.2.11.2 4.4, 4.5.2, 4.6, 4.7, 6.2.2.1, 6.2.4, 6.4

As defined in Article 2h) of Directive 2001/14/EC of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 75, 15.3.2001, p. 29).

In service value/

Wert im Betriebszustand/

Valeur en exploitation

4.2.8.5, 4.2.11.2

Value measured at any time after the infrastructure has been placed into service.

Intersection point (IP)/

Theoretischer Herzpunkt/

Point d'intersection théorique

4.2.8.6

Theoretical intersection point of the running edges at the centre of the crossing (see figure 2).

Intervention Limit/Eingriffsschwelle/

Valeur d'intervention

4.5.2

The value, which, if exceeded, requires corrective maintenance in order that the immediate action limit shall not be reached before the next inspection;

Isolated defect/

Einzelfehler/

Défaut isolé

4.2.8

A discrete track geometry fault.

Line speed/

Streckengeschwindigkeit/

Vitesse de la ligne

4.2.1

Maximum speed for which a line has been designed.

Maintenance file/