This document is an excerpt from the EUR-Lex website
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.)
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.)
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
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 (*)
|
(2) |
in Article 3, the second subparagraph is amended as follows:
|
(3) |
Article 4 is amended as follows:
|
(4) |
Article 5 is amended as follows:
|
(5) |
Article 8 is amended as follows:
|
(6) |
Article 8a is amended as follows:
|
(7) |
Article 8 c is amended as follows:
|
(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:
|
(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:
|
(2) |
Article 3 is amended as follows:
|
(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:
|
(5) |
Article 7(3) is amended as follows;
|
(6) |
in Article 9, paragraph 2 is deleted; |
(7) |
Article 10 is amended as follows:
|
(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:
|
(2) |
Article 4 is amended as follows:
|
(3) |
Article 7(3) is amended as follows:
|
(4) |
in Article 9, paragraph 2 is deleted; |
(5) |
Article 10 is amended as follows:
|
(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 (*)
|
(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:
|
(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:
|
(6) |
Article 8(3) is amended as follows:
|
(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:
|
(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 (*)
|
(2) |
Article 4 is amended as follows:
|
(3) |
Article 8 is amended as follows:
|
(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:
|
(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:
|
(5) |
Article 9 is amended as follows:
|
(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:
|
(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:
Note: See also section 7.1 for particular cases. 2.2. Definitions In the present TSI the following definitions are used:
|
(4) |
Section 3, row 4.2.3.6.6 of Table 1 is replaced as follows:
|
(5) |
Section 4.2.2.2 is replaced as follows:
|
(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:
|
(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:
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:
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:
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:
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:
The maintenance description file includes the following:
(*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:
|
(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:
|
(31) |
in section 5.3.3, the text: ‘— maximum speed and service life, and’ is replaced as follows:
|
(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:
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’
|
(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. 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. 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:
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. 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.
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. 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:
|
(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:
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:
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:
|
(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:
Table 11 shows the possible permutations. Table 11 Substitution permutation table
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:
7.2.2 Changes to an existing unit or to an existing unit type 7.2.2.1 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:
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 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:
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:
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
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:
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 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
7.2.3 Rules related to the EC type or design examination certificates 7.2.3.1 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 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 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 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:
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
(“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) (“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
|
(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, ‘ ’ is replaced by:‘ (“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.
(“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, ‘ ’ is replaced by:‘7.3.2.5
(“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:
(“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.
(“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:
|
(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:
|
(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:
The following requirement is deemed to comply with the range T1 indicated in point 4.2.5:
|
(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
Standards or documents referred to in the additional optional conditions set out in Appendix C:
|
(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:
|
(*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:
|
(3) |
section 2.1 is replaced by the following: ‘2.1. Definition of the infrastructure subsystem This TSI covers:
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:
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
|
(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:
|
(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:
|
(11) |
in point (7) of section 4.2.1, note (*) of Table 3 is replaced by the following:
|
(12) |
point (10) of section 4.2.1 is replaced by the following:
|
(13) |
point (c) of point H in section 4.2.2.1 is replaced by the following:
|
(14) |
in point K of section 4.2.2.1 the following point is added:
|
(15) |
point (5) in section 4.2.4.2 is replaced by the following:
|
(16) |
point (4) in section 4.2.4.4 is replaced by the following:
|
(17) |
point (3) in section 4.2.4.5 is replaced by the following:
|
(18) |
figure 1 in section 4.2.4.6 is replaced by the following: ‘ Figure 1 Railhead profile 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:
|
(20) |
point (2) in section 4.2.6.2.2 is replaced by the following:
(*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
|
(22) |
section 4.2.10.3 is replaced by the following: ‘4.2.10.3
|
(23) |
section 4.2.12.2 is replaced by the following: ‘4.2.12.2 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:
|
(25) |
section 4.2.12.5 is replaced by the following: ‘4.2.12.5 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 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”
|
(28) |
Table 16 in section 4.3.1 is replaced by the following: ‘Table 16 Interfaces with the rolling stock subsystem, “Freight Wagons TSI”
|
(29) |
Table 19 in section 4.3.4 is replaced by the following: ‘Table 19 Interfaces with the operation and traffic management subsystem
|
(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:
|
(32) |
point (1) in section 4.7 is replaced by the following:
|
(33) |
point (b) of point (2) in section 5.3.2 is replaced by the following:
|
(34) |
section 6.1.4.1 is replaced by the following: ‘6.1.4.1.
(*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:
|
(37) |
in section 6.2.4 the following point is added after point 6.2.4.14: ‘6.2.4.15. 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:
|
(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
|
(42) |
section 7.3.2 is deleted; |
(43) |
point (4) in section 7.3.3 is replaced by the following:
|
(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 ‘ ’ is replaced by ‘ ’; |
(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. 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
|
(51) |
in Table 37 in Appendix B, the row concerning ‘Longitudinal track resistance’ is replaced by the following:
|
(52) |
point (c) in Appendix C2 is replaced by the following:
|
(53) |
Appendix E is amended as follows:
|
(54) |
Appendix F is amended as follows:
|
(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
|
(59) |
Appendix R is replaced by the following: ‘Appendix R List of open points
|
(60) |
Table 48 in Appendix S is replaced by the following: ‘Table 48 Terms
|
(61) |
index number 4 of Table 49 in Appendix T is replaced by the following:
|
(62) |
index number 9 of Table 49 in Appendix T is replaced by the following:
|
(*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).’;
(*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).’;
(*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).’;’
ANNEX III
The Annex to Regulation (EU) No 1301/2014 is amended as follows:
(1) |
section 1.1 is replaced by the following: ‘1.1. Technical Scope This TSI concerns the energy subsystem and part of the maintenance subsystem of the Union rail system in accordance with Article 1 of Directive (EU) 2016/797. The energy and the maintenance subsystems are defined respectively in points 2.2 and 2.8 of Annex II to Directive (EU) 2016/797. The technical scope of this TSI is further defined in Article 2 of this Regulation.’; |
(2) |
points (1) and (2) of section 1.3 are replaced by the following:
|
(3) |
in point (3) of section 2.1, section 3 and point (1) of section 4.1, the references to ‘Directive 2008/57/EC’ are replaced by the references to ‘Directive (EU) 2016/797’; |
(4) |
section 4.2.11(4) is replaced by:
|
(5) |
section 4.4(1) is replaced by:
|
(6) |
in point (1) of section 5.1, the reference to ‘Directive 2008/57/EC’ are replaced by the reference to ‘Directive (EU) 2016/797’; |
(7) |
section 6.2.1 is modified as follows:
|
(8) |
point (c) of Section 6.3.2 is replaced by:
|
(9) |
the first paragraph of section 7 is replaced by: ‘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 energy subsystem, in line with the details mentioned in points 7.1 to 7.4 here below.’; |
(10) |
point (3) in Section 7.2.1 is deleted; |
(11) |
section 7.3.1 Introduction is modified as follows: ‘7.3.1 Introduction In case this TSI shall apply to existing lines and without prejudice to point 7.4 (specific cases), the following elements shall be considered:
|
(12) |
point (2) in Section 7.3.2 is deleted; |
(13) |
a new section 7.3.5 is added: ‘7.3.5. Route compatibility checks before the use of authorised vehicles The procedure to be applied and the parameters of the energy 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 (*1). (*1) 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).’;" |
(14) |
section 7.4.1 is replaced by the following: ‘7.4.1. General
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.’. |
(*1) 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).’;’
ANNEX IV
The Annex to Regulation (EU) No 1302/2014 is amended as follows:
(1) |
section 1.1 is amended as follows:
|
(2) |
sections 1.2 to 1.3 are replaced by the following: ‘1.2. Geographical Scope The geographical scope of this TSI is the Union rail system as set out in Annex I to Directive (EU) 2016/797 and excludes the cases referred to in Articles 1(3) and (4) of Directive (EU) 2016/797.; 1.3. Content of this TSI In accordance with Article 4(3) of Directive (EU) 2016/797, this TSI:
In accordance with Article 4(5) of the Directive (EU) 2016/797, provisions for specific cases are indicated in Chapter 7.’; |
(3) |
in section 2.1, the reference to ‘Directive 2008/57/EC’ is replaced by the reference to ‘Directive (EU) 2016/797’; |
(4) |
in section 2.2, the text ‘Directive 2008/57/EC, Article 2(c)’ is replaced by the text ‘point (3) of Article 2 of Directive (EU) 2016/797’; |
(5) |
in section 2.2.2, the text is replaced by the following: ‘2.2.2. Rolling stock Definitions below are classified in three groups as defined in the section 2 of Annex I to Directive (EU) 2016/797:
|
(6) |
section 2.3.1 is replaced by the following: ‘2.3.1 Types of rolling stock The scope of this TSI concerning rolling stock, classified in three groups as defined in the Annex I section 2 of Directive (EU) 2016/797, is detailed as follows:
|
(7) |
in chapter 3, the references to ‘Annex III to Directive 2008/57/EC’ are replaced by the reference to ‘Annex III to Directive (EU) 2016/797’; |
(8) |
section 3.1 is replaced as follows: ‘3.1 Elements of the rolling stock subsystem corresponding to the essential requirements The following table indicates the essential requirements, as set out and numbered in Annex III of Directive (EU) 2016/797, taken into account by the specifications set out in Chapter 4 of this TSI. Rolling stock elements corresponding to essential requirements Note: only points in section 4.2 which contain requirements are listed.
|
(9) |
in section 4.1, the text ‘Directive 2008/57/EC’ is replaced by the text ‘Directive (EU) 2016/797’; |
(10) |
in section 4.2.1.1, the text ‘Article 5(8) of Directive 2008/57/EC’ is replaced by the text ‘Article 4(8) of Directive (EU) 2016/797’; |
(11) |
section 4.2.1.2 is amended as follows:
|
(12) |
point (b-2) of section 4.2.2.2.3 is replaced as follows: ‘(b-2) Compatibility between units On units equipped with manual coupling system of UIC type (as described in clause 5.3.2) and pneumatic brake system compatible with UIC type (as described in clause 4.2.4.3), the following requirements apply:
|
(13) |
points (5) to (9) of section 4.2.2.5 are replaced by the following:
|
(14) |
in point (1) of section 4.2.2.10, the reference to ‘clause 2.1’ is replaced by ‘clause 4.5’; |
(15) |
a new point (2a) is added below point (2) of section 4.2.3.3.2.2 as follows:
|
(16) |
point (2) of section 4.2.3.3.2.2 is replaced by the following:
|
(17) |
point (3) of section 4.2.3.4.2 is replaced by the following:
|
(18) |
point (5) of section 4.2.3.4.2 is replaced by the following:
|
(19) |
point (1) of section 4.2.3.4.2.1 is replaced by the following:
|
(20) |
point (1) of section 4.2.3.4.2.2 is replaced by the following:
|
(21) |
section 4.2.3.5.2.3 is deleted; |
(22) |
section 4.2.3.5.3 is added after section 4.2.3.5.2.2 as follows: ‘4.2.3.5.3.
|
(23) |
section 4.2.4.8.2 is replaced by the following: ‘4.2.4.8.2.
|
(24) |
section 4.2.4.8.3 is replaced by the following: ‘4.2.4.8.3.
|
(25) |
point (1) of section 4.2.6.2 is replaced by the following:
|
(26) |
section 4.2.6.2.1 is replaced by the following: ‘4.2.6.2.1.
|
(27) |
section 4.2.6.2.2 is amended as follows:
|
(28) |
section 4.2.6.2.5 is replaced by the following: ‘4.2.6.2.5 Aerodynamic effect on ballasted tracks
|
(29) |
point (2) of section 4.2.7.1 is replaced by the following:
|
(30) |
a new point (5) is added below point (4) of section 4.2.8.2.9.1.1 as follows:
|
(31) |
point (1) of section 4.2.8.2.9.2 is replaced by the following:
|
(32) |
a new point (2a) is added below point (2) of section 4.2.8.2.9.2 as follows:
|
(33) |
section 4.2.8.2.9.3 is re-numbered 4.2.8.2.9.3a; |
(34) |
section 4.2.8.2.9.3 is added after section 4.2.8.2.9.2.3 as follows: ‘4.2.8.2.9.3 Pantograph head geometry type 1 800 mm
|
(35) |
point (4) of section 4.2.11.6 is replaced by the following:
|
(36) |
in section 4.2.12.1, the reference to ‘clause 2.4 of Annex VI of Directive 2008/57/EC’ is replaced by the reference to ‘clause 2.4(a) of Annex IV of Directive (EU) 2016/797’; |
(37) |
in section 4.2.12.1, points (2) and (3) are replaced by:
|
(38) |
a new point (3) is added below point (2) of section 4.2.12.1 as follows:
(*1) 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).’;" |
(39) |
point (4) of section 4.2.12.1 is replaced by the following:
|
(40) |
a new point (3a) is added below point (3) of section 4.2.12.2 as follows:
|
(41) |
a new point (9a) is added below point (9) of section 4.2.12.2 as follows:
|
(42) |
point (2) of section 4.2.12.3 is replaced by the following:
|
(43) |
point (3) of section 4.2.12.3 is replaced by the following:
|
(44) |
a new point (1a) is added below point (1) of section 4.2.12.3.1 as follows:
|
(45) |
a new point (6a) is added below point (6) of section 4.2.12.3.2 as follows:
|
(46) |
point (1) of section 4.2.12.4 is replaced by the following:
|
(47) |
a new point (3a) is added below point (3) of section 4.2.12.4 as follows:
|
(48) |
Table 7 in section 4.3.2 is replaced by the following: ‘Table 7 Interface with the Infrastructure subsystem
|
(49) |
a new point (3a) is added below point (3) of section 4.4 as follows:
|
(50) |
section 4.5 is replaced by the following: ‘4.5. Maintenance rules
|
(51) |
in section 4.7, the reference to ‘Directive 2008/57/EC’ is replaced by the reference to ‘Directive (EU) 2016/797’; |
(52) |
in section 4.8, the reference to ‘Article 34(2a) of Directive 2008/57/EC’ is replaced by the reference to ‘point (a) of Article 48(3) of Directive (EU) 2016/797’; |
(53) |
a new section 4.9 is added below point (3) of section 4.8 as follows: ‘4.9. Route compatibility checks before the use of authorised vehicles The parameters of the subsystem “rolling stock — locomotives and passenger rolling stock” 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).’;" |
(54) |
in section 5.1, the reference to ‘Article 2(f) of Directive 2008/57/EC’ is replaced by the reference to ‘Article 2(7) of Directive (EU) 2016/797’; |
(55) |
a new section 5.3.4a is added below section 5.3.4 as follows: ‘5.3.4a Automatic variable gauge systems
|
(56) |
in section 6.1.1, the text ‘Article 13(1) and Annex IV of Directive 2008/57/EC’ is replaced by the reference to ‘Article 10 of Directive (EU) 2016/797’; |
(57) |
a new point (3) is added below point (2) of section 6.1.1 as follows:
|
(58) |
in the second table of section 6.1.2, a new row is added below the row ‘5.3.4 wheel’ as follows:
|
(59) |
a new section 6.1.3.1a is added below point (8) of section 6.1.3.1 as follows: ‘6.1.3.1a.
|
(60) |
point (1) of section 6.1.6 is replaced by the following:
|
(61) |
in section 6.2.1, the text ‘Article 18 and Annex VI of Directive 2008/57/EC’ is replaced by the reference to ‘Article 15 and Annex IV of Directive (EU) 2016/797’; |
(62) |
point (1) of section 6.2.3.3 is replaced by the following:
|
(63) |
section 6.2.3.4 is replaced by the following: ‘6.2.3.4.
The parameters described in clauses 4.2.3.4.2.1 and 4.2.3.4.2.2 shall be assessed using criteria defined in the specification referenced in Appendix J-1, index 84.’; |
(64) |
point (3) of section 6.2.3.5 is replaced by the following:
(*3) Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009 as referred to in Article 6(3)(a) of Directive 2004/49/EC of the European Parliament and of the Council (OJ L 121, 3.5.2013, p. 8).’;" |
(65) |
the second paragraph in point (1) of section 6.2.3.6 is replaced by the following: ‘The evaluation of the equivalent conicity is set out in the specification referenced in Appendix J-1, index 107.’; |
(66) |
a new section 6.2.3.7a is added after section 6.2.3.7 as follows: ‘6.2.3.7a
|
(67) |
section 6.2.3.13 is replaced by the following: ‘6.2.3.13.
|
(68) |
section 6.2.3.14 is replaced by the following: ‘6.2.3.14.
|
(69) |
in section 6.2.6, the text ‘Article 18(3) of Directive 2008/57/EC’ is replaced by the reference to ‘Article 15(4) of Directive (EU) 2016/797’; |
(70) |
a new section 6.2.7a is added after section 6.2.7 as follows: ‘6.2.7a Additional optional requirements for units intended to be used in general operation
|
(71) |
in section 6.3.2, the text ‘Article 17 of Directive 2008/57/EC’ is replaced by the reference to ‘Article 14 of Directive (EU) 2016/797’; |
(72) |
in point (1) of section 7.1.1.1, the text ‘OTMs’ is replaced by the text ‘special vehicles, such as on-track machines’; |
(73) |
in point (1) of section 7.1.1.2.1, the text ‘in accordance with point (f) of Article 5(3) of Directive 2008/57/EC’ is replaced by the text ‘in accordance with point (f) of Article 4(3) of Directive (EU) 2016/797’; |
(74) |
in section 7.1.1.2.1, point (3) is replaced by the following:
|
(75) |
in point (4) of section 7.1.1.2.1, the text ‘in service in accordance with Articles 22 to 25 of Directive 2008/57/EC’ is replaced by the text ‘on the market in accordance with Article 21 of Directive (EU) 2016/797’; |
(76) |
in point (1) of section 7.1.1.2.2, the text ‘Article 2(t) of the Directive 2008/57/EC’ is replaced by the text ‘point (23) of Article 2 of Directive (EU) 2016/797’; |
(77) |
in section 7.1.1.3, the title ‘ ’ is replaced by the title ‘ ’; |
(78) |
in point (3) of section 7.1.1.3, the text ‘in accordance with Article 24 or 25 of Directive 2008/57/EC’ is replaced by the text ‘in accordance with Article 21 of Directive (EU) 2016/797 against national rules as regards the basic parameters of this TSI’; |
(79) |
in point (3) of section 7.1.1.4, the text ‘in accordance with Article 24 or 25 of Directive 2008/57/EC’ is replaced by the text ‘in accordance with Article 21 of Directive (EU) 2016/797 against national rules as regards the basic parameters of this TSI’; |
(80) |
in section 7.1.1.4a, the reference to section ‘4.2.8.2.8’ is replaced by the reference to ‘4.2.8.2.8.4’; |
(81) |
in point (1) of section 7.1.1.5, the text ‘three years after the date of application of this TSI’ is replaced by the text ‘on 1 January 2018’; |
(82) |
in section 7.1.1, a new section 7.1.1.8 is added below section 7.1.1.7 as follows: ‘7.1.1.8 Requirements set out in 4.2.2.5(6) shall not be mandatory during a transition period ending on 1 January 2022 for locomotives with a single “central cab” which, on 27 May 2019, are projects at an advanced stage of development, contracts in course of performance and rolling stock of an existing design as set out in point 7.1.1.2 of this TSI. When the requirements set out in 4.2.2.5(6) are not applied, it is permitted as an alternative method, to demonstrate compliance against the requirement of scenario 3 of 4.2.2.5(5) by demonstrating compliance with following criteria:
|
(83) |
section 7.1.2 is replaced by the following: ‘7.1.2 Changes to an existing rolling stock or rolling stock type 7.1.2.1
7.1.2.2
7.1.2.2a
7.1.2.2b.
(*4) 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)." (*5) 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)." (*6) Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110).’;" |
(84) |
the title of section 7.1.3 ‘Rules related to the type or design examination certificates’ is replaced by ‘Rules related to the EC type or design examination certificates’; |
(85) |
section 7.1.3.1 is replaced by the following: ‘7.1.3.1.
Phase A
Phase B
(*9) 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).’;" |
(86) |
Section 7.2 is amended as follows:
|
(87) |
Point (2) of section 7.3.1 is replaced by the following:
|
(88) |
a new point (6) is added below point (5) of section 7.3.1 as follows:
|
(89) |
in section 7.3.2.3, the following text is deleted: ‘ Specific case Portugal (“P”) For units intended to operate on Portuguese network (1 668 mm track gauge) and which depends on track side equipment for axle bearing condition monitoring, the target area that shall remain unobstructed to permit observation by a trackside HABD and its position related to centre line vehicle shall be the following:
Specific case Spain (“P”) For rolling stock intended to be used on the Spanish network (1 668 mm track gauge) and which depends on track side equipment for axle bearing condition monitoring, the zone visible to the trackside equipment on rolling stock shall be the area as defined in EN 15437-1:2009 clauses 5.1 and 5.2 considering the following values instead of the stated ones:
|
(90) |
in section 7.3.2.3, the text ‘Specific case Sweden (“T”)’ is replaced by the text ‘Specific case Sweden (“T1”)’; |
(91) |
section 7.3.2.4 is replaced by the following: ‘7.3.2.4. Specific case United Kingdom (Great Britain) (“P”) It is permissible for all units and cases to use Method 3 set out in EN14363:2016 clause 6.1.5.3.1. This specific case does not prevent the access of TSI compliant rolling stock to the national network.’; |
(92) |
section 7.3.2.5 is replaced by the following: ‘7.3.2.5. Specific case Finland (“P”) The following modifications to the running dynamic behaviour clauses of the TSI applies to vehicle to be operated solely on Finnish 1 524 mm network:
Specific case Ireland and UK for Northern Ireland (“P”) For technical compatibility with the existing network it is permissible to use notified national technical rules for the purpose of assessing running dynamic behaviour. Specific case Spain (“P”) For rolling stock intended to be used on 1 668 mm track gauge, the quasi-static guiding force Yqst limit value shall be evaluated for curve radii 250 m ≤ Rm < 400 m. The limit value shall be: (Yqst)lim = 66 kN. For the normalisation of the estimated value to the radius Rm = 350 m according to clause 7.6.3.2.6 (2) of EN 14363:2016, the formula “Ya,nf,qst = Ya,f,qst – (10 500 m/Rm – 30) kN” shall be replaced by “Ya,nf,qst = Ya,f,qst – (11 550 m/Rm – 33) 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: 1733/1500. Specific case the United Kingdom (Great Britain) (“P”) For technical compatibility with the existing network it is permissible to use national technical rules amending EN 14363 requirements 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.’; |
(93) |
In section 7.3.2.6, table 21 is replaced by the following table:
|
(94) |
In section 7.3.2.6, table 22 is replaced by the following table:
|
(95) |
in section 7.3.2.6, below Table 22, the text ‘Specific case Spain (“P”)’ of clause 7.3.2.6 is replaced by ‘Specific case Spain for 1 668 mm track gauge (“P”)’; |
(96) |
a new section 7.3.2.6a is added after section 7.3.2.6: ‘7.3.2.6a Specific case Ireland (“P”) In the case of track gauge system 1 600 mm, the minimum curve radius to be negotiated shall be 105 m for all units;’ |
(97) |
in section 7.3.2.10, the text ‘clause 7.4.2.8.1’ is replaced by ‘clause 7.4.2.9.1’; |
(98) |
section 7.3.2.11 is amended as follows:
|
(99) |
in section 7.3.2.11, the text ‘clause 7.4.2.3.1’ is replaced by ‘clause 7.4.2.4.1’; |
(100) |
in section 7.3.2.12, the text ‘(“T”)’ is replaced by the text ‘(“T1”)’; |
(101) |
section 7.3.2.14, is amended as follows:
|
(102) |
section 7.3.2.16, is amended as follows:
|
(103) |
in section 7.3.2.20, the text ‘Specific case Italy (“T”)’ is replaced by the text ‘Specific case Italy (“T0”)’; |
(104) |
in section 7.3.2.20, the following paragraph is added: ‘Review clause: At the latest by 31 July 2025, the Member State shall deliver to the Commission a report on possible alternatives to the above additional specifications, in order to remove or significantly reduce the constraints on rolling stocks caused by the non-compliance of the tunnels with the TSIs.’; |
(105) |
in section 7.3.2.21, the text ‘Specific case Channel Tunnel (“T”)’ is replaced by the text ‘Specific case Channel Tunnel (“P”)’; |
(106) |
a new section 7.3.2.27 is added below section 7.3.2.26 as follows: ‘7.3.2.27. 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 Commission Implementing Regulation (EU) 2018/545, and will not be classified as 21(12)(a) of Directive (EU) 2016/797.’; |
(107) |
a new section 7.5.1.3 is added below section 7.5.1.2 as follows: ‘7.5.1.3. Requirements on aerodynamic effects on ballasted tracks have been set up for units of maximum design speed higher than 250 km/h. As the current state of the art does not allow to provide for a harmonized requirement nor assessment methodology, the TSI allows the application of national rules. This will need to be reviewed in order to consider the following:
|
(108) |
a new section 7.5.2.2 is added below section 7.5.2.1 as follows: ‘7.5.2.2. In order to facilitate free circulation of locomotives and passenger coaches, conditions for having an authorization for placing on the market not limited to particular networks have been developed during the preparation of ERA recommendation ERA-REC-111-2015-REC of 17 December 2015. These provisions should be further developed to adapt them to Directive (EU) 2016/797 and to take into account the cleaning up of national technical rules, with particular focus on passenger coaches.’; |
(109) |
a new section 7.5.2.3 is added below section 7.5.2.2 as follows: ‘7.5.2.3. 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.’; |
(110) |
section 7.5.3.1 is amended as follows:
|
(111) |
in the list ‘APPENDICES’ following Chapter 7, the text ‘Appendix A: Buffer and draw gear’ is replaced by ‘Appendix A: Intentionally deleted’; |
(112) |
the text of Appendix A is replaced by ‘Intentionally deleted’; |
(113) |
section C.3 of Appendix C is replaced by the following: ‘C.3 Running dynamic behaviour The running characteristics are permitted to be determined by running tests or by reference to a similar type approved machine as detailed in clause 4.2.3.4.2 of this TSI or by simulation. The following additional deviations from the specification referenced in Annex J-1, index 16 apply:
Running behaviour can be proven by simulation of the tests described in to the specification referenced in Annex J-1, index 16 (with the exceptions as specified above) when there is a validated model of representative track and operating conditions of the machine. A model of a machine for simulation of running characteristics shall be validated by comparing the model results against the results of running tests when the same input of track characteristic is used. A validated model is a simulation model that has been verified by an actual running test that excites the suspension sufficiently and where there is a close correlation between the results of the running test and the predictions from the simulation model over the same test track.’; |
(114) |
Appendix H is replaced by the following: ‘Appendix H Assessment of the rolling stock subsystem H.1 Scope This Appendix indicates the assessment of conformity of the rolling stock subsystem. H.2 Characteristics and modules The sub-system characteristics to be assessed in the different phases of design, development and production are marked by X in Table H.1. A cross in column 4 of Table H.1 indicates that the relevant characteristics shall be verified by testing each single subsystem. Table H.1 Assessment of the rolling stock subsystem
|
(115) |
Appendix I is replaced by the following: ‘Appendix I Aspects for which the technical specification is not available (open points) Open points that relate to technical compatibility between the vehicle and the network:
Open points that do not relate to technical compatibility between the vehicle and the network:
|
(116) |
Appendix J is replaced by the following: ‘Appendix J Technical specifications referred to in this TSI J.1 Standards or normative documents
J.2 Technical documents (available on ERA website)
|
(*1) 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).’;
(*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) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009 as referred to in Article 6(3)(a) of Directive 2004/49/EC of the European Parliament and of the Council (OJ L 121, 3.5.2013, p. 8).’;
(*4) 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).
(*5) 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).
(*6) Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110).’;
(*9) 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).’;’
(*7) The word “Check” means that the applicant will apply Annex I of the CSM on RA in order to demonstrate that the changed vehicle ensures an equal or higher level of safety. This demonstration shall be independently assessed by an assessment body as defined in CSM on RA. If the body concludes that the new safety assessment demonstrates a lower level of safety or the result is unclear, the applicant shall request an authorization for placing on the market.
(*8) 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 |
— |
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 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. |
(1) Clauses of the standard that are in direct relationship to the requirement expressed in the clause of the TSI indicated in column 3.
ANNEX V
The Annex to Regulation (EU) No 1303/2014 is amended as follows:
(1) |
in Sections 1.1, 3, 4.1, 4.4 and 6.2.5 the references to ‘Directive 2008/57/EC’ are replaced by references to ‘Directive (EU) 2016/797’; |
(2) |
in section 1.1.1(a), ‘European Union rail network’ is replaced by ‘network of the Union rail system’; |
(3) |
in section 1.1.3.1 ‘European Union rail’ is replaced by ‘network of the Union rail’; |
(4) |
section 1.1.4 is modified as follows: ‘1.1.4 Risk scope 1.1.4.1.
1.1.4.2.
|
(5) |
section 1.2 is replaced as follows: ‘1.2 Geographical scope The geographical scope of this TSI is the network of the Union rail system as described in Annex I of Directive (EU) 2016/797 with the exclusion of the cases referred to in Articles 1(3) and 1(4) of Directive (EU) 2016/797’; |
(6) |
‘fire fighting point(s)’ is replaced by ‘evacuation and rescue point(s)’ in sections 1.1.1(b), 2.2.1(b), 2.4(c), 4.2.1.7, 4.2.3, 4.4.1(c), 4.4.2(a), 4.4.6; |
(7) |
in point (b) of Section 2.2.3, the text ‘panic and to’ is deleted; |
(8) |
in point (c) (1) of Section 2.3, the text ‘inside the tunnel’ is deleted; |
(9) |
point (f) of Section 2.3 is replaced as follows:
|
(10) |
in Section 2.4, a definition (b1) ‘Final place of safety’ is added as follows:
|
(11) |
point 2.4(c) is replaced as follows:
|
(12) |
a definition (g) ‘CSM on risk assessment’ is added as follows:
|
(13) |
section 3 is replaced as follows: ‘3. ESSENTIAL REQUIREMENTS
3.1 Infrastructure and energy subsystems
3.2 Rolling stock subsystem
|
(14) |
in section 4.1, ‘European Union rail system’ is replaced by ‘Union rail system’; |
(15) |
section 4.2.1.2(b) is deleted; |
(16) |
section 4.2.1.3 is replaced as follows: ‘4.2.1.3 This specification applies to all tunnels.
(*1) Commission Delegated Regulation (EU) 2016/364 of 1 July 2015 on the classification of the reaction to fire performance of construction products pursuant to Regulation (EU) No 305/2011 of the European Parliament and of the Council (OJ L 68, 15.3.2016, p. 4).’;" |
(17) |
section 4.2.1.4 is replaced as follows: ‘4.2.1.4. This specification applies to all tunnels of more than 1 km in length.
|
(18) |
section 4.2.1.5.2(b3) is deleted; |
(19) |
in section 4.2.1.5.4, the terms ‘on escape routes’ and ‘as low as possible,’ are deleted and point (c) is replaced as follows:
|
(20) |
in section 4.2.1.5.5, point (f), the term ‘cross-passage’ is replaced by ‘cross-passages’; |
(21) |
in section 4.2.1.6 point (a), the term ‘top’ is replaced by ‘bottom’; |
(22) |
section 4.2.1.7 is modified as follows:
|
(23) |
table in 4.2.1.7 is replaced as follows:
|
(24) |
in point 4 of point (c) of section 4.2.1.7 is replaced as follows:
|
(25) |
a new section 4.2.1.9 is added with the following text: ‘4.2.1.9 This specification applies to all tunnels of more than 1 km length. The electricity supply system in the tunnel shall be suitable for the emergency response services equipment in accordance with the emergency plan for the tunnel. Some national emergency response services groups may be self-sufficient in relation to electricity supply. In this case, the option of not providing electricity supply facilities for the use of such groups may be appropriate. Such a decision, however, must be described in the emergency plan.’; |
(26) |
a new section 4.2.1.10 is added with the following text: ‘4.2.1.10 This specification applies to all tunnels of more than 1 km length.
|
(27) |
a new section 4.2.1.11 is added with the following text: ‘4.2.1.11. This specification applies to all tunnels of more than 1 km in length.
|
(28) |
section 4.2.2.1 is replaced as follows: ‘4.2.2.1. This specification applies to all tunnels of more than 1 km length.
|
(29) |
in section 4.2.2.2, the term ‘Overhead line or conductor rail earthing’ is replaced by ‘Earthing of contact line’. The point c and the term ‘operations’ in point b are deleted; |
(30) |
section 4.2.2.3 is deleted; |
(31) |
section 4.2.2.4 is deleted; |
(32) |
section 4.2.2.5. is deleted; |
(33) |
in the table in section 4.3.1 the reference to clause ‘4.2.2.4(a)’ is replaced by a reference to clause ‘4.2.1.3’; |
(34) |
in the table in section 4.3.2 the terms ‘specific elements for train crew and auxiliary staff’ and ‘4.6.3.2.3’ are deleted; |
(35) |
in section 4.4, the terms ‘Article 18(3)’ are replaced by ‘Article 15(4)’ and ‘Annex VI’ is replaced by ‘Annex IV’; |
(36) |
section 4.4.2 is replaced as follows: ‘4.4.2. Tunnel emergency plan These rules apply to tunnels of more than 1 km in length
|
(37) |
section 4.4.4. is modified as follows: ‘4.4.4. Switching off and Earthing procedures These rules apply to all tunnels.
|
(38) |
in Section 4.4.6.(a) the text ‘in the Register of Infrastructure defined in clause 4.8.1 and’ is deleted; |
(39) |
in Section 4.4.6.(c) the text ‘panic and’ is deleted; |
(40) |
section 4.8 is deleted; |
(41) |
section 6.2.5(a) is modified as follows:
|
(42) |
Section 6.2.6 is replaced as follows: ‘6.2.6. Assessment of conformity to the Safety requirements applying to the Infrastructure and Energy subsystems
|
(43) |
section 6.2.7 is modified as follows:
in section 6.2.7.6, the term ‘installations’ is replaced by ‘systems’ and the reference to clause ‘4.2.2.5’ is replaced by a reference to clause ‘4.2.1.10.’; |
(44) |
section 7(b) is modified as follows: the text ‘suitable for safe integration in accordance with Section 15(1) of Directive 2008/57/EC with all non-TSI compliant tunnels within the geographical scope of this TSI.’ is replaced by ‘technically compatible with all non-TSI compliant tunnels within the geographical scope of this TSI in accordance with Article 21(3) of Directive (EU) 2016/797.’; |
(45) |
section 7.1.1.(b) is modified as follows: ‘In the latter case Article 24 and 25 of Directive 2008/57/EC apply.’ is deleted; |
(46) |
Section 7.2.2 is replaced as follows: ‘7.2.2. Upgrade and renewal measures for tunnels In case of the upgrade or renewal of a tunnel, according to Article 15(7) and Annex IV of Directive (EU) 2016/797, the notified body issues certificates of verification for those parts of the subsystem composing the tunnel under the scope of the upgrade or renewal. 7.2.2.1.
7.2.2.2.
|
(47) |
section 7.3.1 is replaced by the following: ‘7.3.1. General
7.3.2. Operational rules related to trains running in tunnels (clause 4.4.6) 7.3.2.1 Additional prescriptions for rolling stock intended to be operated in non TSI compliant tunnels in Italy are detailed in the LOC&PAS TSI, clause 7.3.2.20. 7.3.2.2 Additional prescriptions for passenger rolling stock intended to be operated in the Channel Tunnel are detailed in the LOC&PAS TSI, clause 7.3.2.21’; |
(48) |
The table in appendix B is replaced as follows:
|
(*1) Commission Delegated Regulation (EU) 2016/364 of 1 July 2015 on the classification of the reaction to fire performance of construction products pursuant to Regulation (EU) No 305/2011 of the European Parliament and of the Council (OJ L 68, 15.3.2016, p. 4).’;’
ANNEX VI
The Annex to Regulation (EU) 2016/919 is amended as follows:
(1) |
Section 1.1 is amended as follows:
|
(2) |
Section 1.2 is replaced by the following: ‘1.2. Geographical Scope The geographical scope of this TSI is the network of the whole rail system, as described in Annex I point 1 of Directive (EU) 2016/797 and excludes the infrastructure cases referred to in Articles 1(3) and 1(4) of Directive (EU) 2016/797. The TSI shall apply to networks with 1 435 mm, 1 520 mm, 1 524 mm, 1 600 mm and 1 668 mm track gauges. However, it shall not apply to short border crossing lines with 1 520 mm track gauges that are connected to the network of third countries.’; |
(3) |
Section 1.3 is amended as follows:
|
(4) |
The first paragraph of section 2.1 is replaced by the following: ‘The Control-Command and Signalling Subsystems are defined in Annex II of Directive (EU) 2016/797 as:
|
(5) |
Section 2.2 is amended as follows:
|
(6) |
Section 2.3 is replaced by the following: ‘2.3 Trackside Application Levels (ETCS) The interfaces specified by this TSI define the means of data transmission to, and (where appropriate) from trains. The ETCS specifications referenced by this TSI provide application levels from which a trackside implementation may choose the means of transmission that meet its requirements. This TSI defines the requirements for all application levels. For the technical definition of the ETCS application levels see Annex A, 4.1 c.’; |
(7) |
Section 3.1 is amended as follows:
|
(8) |
Section 3.2.1 is replaced by the following: ‘3.2.1 Safety Every Control-Command and Signalling Subsystems project shall take the measures necessary to ensure that the level of risk of an incident occurring within the scope of the Control-Command and Signalling Subsystems, is not higher than the objective for the service. To ensure that the measures taken to achieve safety do not jeopardise interoperability, the requirements of the basic parameter defined in point 4.2.1 (Control-Command and Signalling reliability, availability and safety characteristics relevant to interoperability) shall be respected. For the ETCS Class A system the safety objective is apportioned between the Control-Command and Signalling On-board and Trackside Subsystems. The detailed requirements are specified in the basic parameter defined in point 4.2.1 (Control-Command and Signalling reliability, availability and safety characteristics relevant to interoperability). This safety requirement shall be met together with the availability requirements as defined in Point 3.2.2 (Reliability and Availability). For the ETCS Class A system:
Additionally the correct application of the risk management process as set out in Annex I of Regulation (EU) No 402/2013, as well as the appropriateness of the results from this application, shall be independently assessed by a CSM assessment body according to Article 6 of that Regulation. The CSM Assessment Body shall be accredited or recognised according to the requirements in Annex II of Regulation (EU) No 402/2013 in the fields of “Control-command and signalling” and “System safe integration” as listed in item 5 “classification” of ERADIS database entry for Assessment Bodies. The application of the specifications as referred to in Annex A, Table A 3 is an appropriate means to fully comply to the risk management process as set out in Annex I of the Commission Implementing Regulation (EU) No 402/2013 for design, implementation, production, installation and validation (incl. Safety acceptance) of interoperability constituents and subsystems. When different specifications from the ones referred to in Annex A, Table 3 are applied, at least equivalence shall be demonstrated with the specifications in Annex A, Table 3. Whenever the specifications as referred to in Annex A, Table A 3 are used as an appropriate means to fully comply to the risk management process as set out in Annex I of the Commission Implementing Regulation (EU) No 402/2013, in order to avoid unnecessary duplication of independent assessment work, the independent safety assessment activities that are required by the specifications referred to in Annex A, Table A 3 shall be carried out by an Assessment Body accredited or recognized as specified in the section above instead of a CENELEC independent safety assessor. (*2) Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009 (OJ L 121, 3.5.2013, p. 8)." (*3) 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).’;" |
(9) |
The second paragraph of section 3.2.2 is replaced by the following: ‘The level of risk caused by age and wear of constituents used within the subsystem shall be monitored. The requirements for maintenance stated in point 4.5 shall be respected.’; |
(10) |
Section 3.2.5.2 is deleted; |
(11) |
A new section 3.2.6 is added as follows: ‘3.2.6 Accessibility No requirements are mandated for the CCS subsystems for the essential requirement accessibility.’ |
(12) |
Section 4.1.1 is amended as follows:
|
(13) |
In section 4.1.2 the text ‘limiting the movement of TSI-compliant on-board subsystems.’ is replaced by ‘limiting the movement of vehicles with TSI-compliant on-board subsystems.’; |
(14) |
Table 4.1 in section 4.1.3 is replaced by: ‘Table 4.1
|
(15) |
The title of section 4.2.1 is replaced by ‘Control-Command and Signalling reliability, availability and safety characteristics relevant to interoperability’; |
(16) |
Section 4.2.2 is replaced by the following: ‘4.2.2. On-board ETCS functionality The basic parameter for ETCS on-board functionality describes all of the functions needed to run a train in a safe way. The primary function is to provide automatic train protection and cab signalling:
These functions shall be implemented in accordance with Annex A 4.2.2 b and their performance shall conform to Annex A 4.2.2 a. The requirements for tests are specified in Annex A 4.2.2 c. The main functionality is supported by other functions, to which Annex A 4.2.2 a and Annex A 4.2.2 b also apply, together with the additional specifications indicated below:
|
(17) |
Section 4.2.3 is replaced by the following: ‘4.2.3. Trackside ETCS functionality This Basic parameter describes the ETCS trackside functionality. It contains all ETCS functionality to provide a safe path to a specific train. The main functionality is:
These functions shall be implemented in accordance with Annex A 4.2.3 b and their performance shall conform to Annex A 4.2.3 a. The main functionality is supported by other functions, to which Annex A 4.2.3 a and Annex A 4.2.3 b also apply, together with the additional specifications indicated below:
|
(18) |
In section 4.2.6.3 the reference to ‘4.2.6f’ is deleted. |
(19) |
In section 4.2.11 the text ‘Control-Command and Signalling equipment.’ is replaced by ‘Control-Command and Signalling train detection equipment.’ |
(20) |
In section 4.2.16 the text ‘by Control-command and signalling On-board Subsystems’ is replaced by ‘by Control-command and signalling On-board Interoperability Constituents and Subsystems’; |
(21) |
A new section 4.2.17 is added as follows: ‘4.2.17. ETCS and Radio System Compatibility Due to the different possible implementations and the status of the migration to fully compliant CCS Subsystems, checks shall be performed in order to demonstrate the technical compatibility between the on-board and trackside CCS Subsystems. The necessity of these checks shall be considered as a measure to increase the confidence on the technical compatibility between the CCS subsystems. It is expected that these checks will be reduced until the principle stated in 6.1.2.1 is achieved. 4.2.17.1. ETCS System Compatibility (ESC) shall be the recording of technical compatibility between ETCS on-board and the trackside parts ETCS of the CCS subsystems within an area of use. ESC type shall be the value assigned to record the technical compatibility between an ETCS on-board and a section within the area of use. All sections of the Union network which require the same set of checks for the demonstration of ESC shall have the same ESC type. 4.2.17.2. Radio System Compatibility (RSC) shall be the recording of technical compatibility between voice or data radio on-board and the trackside parts of GSM-R of the CCS subsystems. RSC type shall be the value assigned to record the technical compatibility between a voice or data radio and a section within the area of use. All sections of the Union network which require the same set of checks for the demonstration of RSC shall have the same RSC type.’; |
(22) |
Section 4.3 is amended as follows:
|
(23) |
In section 4.4 the text ‘Traffic Operation and Management TSI’ is replaced by ‘Operation and Traffic Management TSI’. |
(24) |
In section 4.5.1 at the end of point (1) the following text is added ‘For equipment error corrections see point 6.5,’. |
(25) |
Section 4.8 is replaced by: ‘4.8 Registers The data to be provided for the registers provided for in Articles 48 and 49 of Directive (EU) 2016/797 are those indicated in Commission Implementing Decision 2011/665/EU (*4) and Commission Implementing Regulation (EU) 2019/777 (*5). (*4) 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)." (*5) 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).’;" |
(26) |
A new section 4.9 is added below section 4.8 as follows: ‘4.9. Route compatibility checks before the use of authorised vehicles The parameters of the on-board CCS subsystem 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 (*6). (*6) 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).’;" |
(27) |
Section 5.1 is replaced by the following: ‘5.1 Definition In accordance with Article 2(7) of Directive (EU) 2016/797, interoperability constituents means any elementary component, group of components, subassembly or complete assembly of equipment incorporated or intended to be incorporated into a subsystem, upon which the interoperability of the rail system depends directly or indirectly, including both tangible objects and intangible objects.’; |
(28) |
In section 5.2.2 a new paragraph is added at the end of the section as follows: ‘Compliance of interfaces internal to the group of ICs to basic parameters of Chapter 4 does not have to be verified. Compliance of interfaces external to the group of ICs has to be verified to demonstrate conformity with the basic parameters related to the requirements of these external interfaces.’; |
(29) |
Section 5.3 is amended as follows:
|
(30) |
Section 6.1 is replaced by the following: ‘6.1. Introduction 6.1.1. General principles 6.1.1.1. Fulfilment of the essential requirements set out in Chapter 3 of this TSI shall be ensured through compliance with the basic parameters specified in Chapter 4. This compliance shall be demonstrated by:
6.1.1.2. In certain cases, some of the essential requirements may be met by national rules, because of:
In such cases, assessment of conformity with those rules shall be carried out under the responsibility of the Member States concerned according to notified procedures. See point 6.4.2. 6.1.1.3. With regard to checking if essential requirements are fulfilled through compliance with the basic parameters, and without prejudice to the obligations set out in Chapter 7 of this TSI, control-command and signalling interoperability constituents and subsystems that do not implement all functions, performance and interfaces as specified in Chapter 4 (including the specifications referred to in Annex A), can obtain EC certificates of conformity or, respectively, certificates of verification, under the following conditions for issuing and using the certificates:
If a control-command and signalling interoperability constituent or subsystem does not implement all functions, performance and interfaces specified in this TSI, the provisions of point 6.4.3 shall apply. 6.1.2. Principles for testing ETCS and GSM-R 6.1.2.1. The principle is that a Control-Command and Signalling On-board Subsystem covered by an “EC” declaration of verification is able to run on every Control-Command and Signalling Trackside Subsystem covered by an “EC” Declaration of verification, under the conditions specified in this TSI, with no additional verifications. Achievement of this principle is facilitated by:
6.1.2.2. For the purpose of this TSI, an “operational test scenario” means a sequence of trackside and on-board events related to or influencing the Control-command and Signalling subsystems (e.g. sending/receiving messages, exceeding a speed limit, actions of operators) and the specified timing between them in order to test the intended railway system operation in situations relevant for ETCS and GSM-R (e.g. entry of a train into an equipped area, awakening of a train, overriding a signal at stop). The operational tests scenarios are based on the engineering rules adopted for the project. Check of compliance of a real implementation with an operational tests scenario shall be possible gathering information through easily accessible interfaces (preferably the standard interfaces specified in this TSI). 6.1.2.3. The set of engineering rules for the trackside parts of ETCS and GSM-R and related operational test scenarios for the Trackside Control-command and Signalling Subsystem shall be sufficient to describe all intended system operations relevant for the Trackside Control-command and Signalling Subsystem in normal and identified degraded situations, and:
6.1.2.4. The Agency shall set up and manage in a technical document the set of checks to demonstrate the technical compatibility of an on-board subsystem with the trackside subsystem. Infrastructure Managers, with the support of the ETCS suppliers for their network, shall submit to the Agency the definition of the necessary checks (as defined in 4.2.17) on their network by 16 January 2020 at the latest. Infrastructure Managers shall classify the ETCS lines according to ESC types in RINF. Infrastructure Managers shall submit to the Agency any changes on the referred checks for their network. The Agency shall update the technical document within 5 working days. 6.1.2.5. The Agency shall set up and manage in a technical document the set of checks to demonstrate the technical compatibility of an on-board subsystem with the trackside subsystem. Infrastructure Managers, with the support of the GSM-R suppliers for their network, shall submit to the Agency the definition of the necessary checks (as defined in 4.2.17) on their network by 16 January 2020 at the latest. Infrastructure Managers shall classify their lines according to RSC types for voice and, if applicable, ETCS data in RINF. Infrastructure Managers shall submit to the Agency any changes on the referred checks for their network. The Agency shall update the technical document within 5 working days. (*7) The template to be used to provide this information will be defined in the Application Guide.’;" |
(31) |
Section 6.2 is amended as follows:
|
(32) |
Section 6.3 is amended as follows:
|
(33) |
Section 6.4 is replaced as follows:
|
(34) |
Section 6.5 is replaced by the following: ‘6.5. Management of errors Where deviations from intended functions and/or performance are detected during the tests or during the operational life of a subsystem, the applicants and/or operators shall inform without delay the Agency and the authorising entity that issued the authorisations for the concerned trackside subsystems or vehicles, to initiate the procedures set out in Article 16 of Directive (EU) 2016/797. As a result of the application of Article 16(3) of that Directive:
The Agency shall organise an efficient processing of all the information received in order to facilitate the Change Control Management process for improvement/further development of the specifications, including the test specifications.’; |
(35) |
Section 7.2 is amended as follows:
|
(36) |
Section 7.3.2 is amended as follows:
|
(37) |
Section 7.4.1 is replaced by: ‘7.4.1 Trackside installations Articles 1, 2 and Annex I to Commission Implementing Regulation (EU) 2017/6 (*9) of 5 January 2017 on the European Rail Traffic Management System European deployment plan shall apply as referred to in Article 47 of Regulation (EU) No 1315/2013 (*10). Trackside shall not install and operate the Euroloop and radio infill data transmission, except on already existing installations or planned projects that use those data transmission. Such planned projects shall be notified to the European Commission by 30 June 2020. 7.4.1.1 It is mandatory to fit ETCS trackside when:
(*9) 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)." (*10) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).’;" |
(38) |
Section 7.4.2.1 is amended as follows: ‘7.4.2.1
(*11) Or placed into service in accordance with Directive 2008/57/EC, if Directive (EU) 2016/797 is not yet applicable.’;" |
(39) |
New section 7.4.2.3 is added as follows: ‘7.4.2.3
(*12) Or placed into service in accordance with Directive 2008/57/EC, if Directive (EU) 2016/797 is not yet applicable." (*13) Variants or versions of a vehicle type are considered to be authorised in conformity to an existing authorised type. Where the regime of Directive 2008/57/EC applies, changes which would give rise to variants or versions of a vehicle type under Implementing Regulation (EU) 2018/545 are also considered to be based upon an existing authorised type.’;" (*12) Or placed into service in accordance with Directive 2008/57/EC, if Directive (EU) 2016/797 is not yet applicable." (*12) Or placed into service in accordance with Directive 2008/57/EC, if Directive (EU) 2016/797 is not yet applicable." |
(40) |
In section 7.4.3, the text ‘placing in service’ is replaced by ‘placing on the market’; |
(41) |
Section 7.4.4 is amended as follows:
|
(42) |
A new section 7.4a is added below section 7.4.4 as follows: ‘7.4a ETCS and radio system compatibility checks implementation rules Existing vehicles shall be deemed compatible with the ETCS and radio system compatibility types of the networks on which they are operating by 16 January 2020 without any further checks, maintaining the existing restrictions or conditions for use. Any subsequent modification of the vehicle or the infrastructure regarding the technical or route compatibility shall be managed according to the requirements specified for ETCS and Radio system compatibility.’; |
(43) |
In section 7.5 the fourth paragraph is replaced by the following: ‘Implementing a train detection system that is compliant with the requirements of this TSI can be done independently of the installation of ETCS or GSM-R.’; |
(44) |
In section 7.6.1, the text ‘points below should be read’ is replaced by ‘points below shall be read’; |
(45) |
In section 7.6.1, a new paragraph is added at the end as follows: ‘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) |
Section 7.6.2.1 is amended as follows:
|
(47) |
Section 7.6.2.2 is amended as follows:
|
(48) |
In the last two rows in the third column of the table, the text ‘set of specifications 2’ is replaced by ‘set of specifications 2 or 3’; |
(49) |
Section 7.6.2.3 is amended as follows:
|
(50) |
Section 7.6.2.6 is replaced by the following: ‘7.6.2.6.
|
(51) |
In section 7.6.2.7 the text ‘Index 77, point 3.1.2.4’ is replaced by ‘Index 77, point 3.1.4.1’ |
(52) |
In section 7.6.2.8 a new row is added at the end of the table as follows:
|
(53) |
A new section 7.6.2.9 is added after 7.6.2.8 as follows: ‘7.6.2.9
|
(54) |
A new section 7.6.2.10 is added after 7.6.2.9 as follows: ‘7.6.2.10
|
(55) |
A new section 7.6.2.11 is added after 7.6.2.10 as follows: ‘7.6.2.11
|
(56) |
Annex A is replaced by the following: ‘ANNEX A References For each reference made in the basic parameters (Chapter 4 of this TSI) the following table indicates the corresponding mandatory specifications, via the Index in Table A 2 (Table A 2.1, Table A 2.2, Table A 2.3). Table A 1
Specifications One of the three tables in Table A 2 (Table A 2.1, Table A 2.2, Table A 2.3) of this Annex shall be applied for the trackside subsystem. For the on-board subsystem either Table A 2.2 or Table A 2.3 shall be applied, after the transition period defined in 7.4.2.3. When a document listed in Table A 2 incorporates, by copying or by reference to, a clearly identified point of another document, this point, and only this, shall be considered a part of the document listed in Table A 2. For the purposes of this TSI, when a document listed in Table A 2 makes a “mandatory” or “normative” reference to a document not listed in Table A 2, the referenced document shall always be understood as an acceptable means of compliance with basic parameters (that can be used for certification of Interoperability Constituents and Subsystems and not requiring future revisions of the TSI) and not as a mandatory specification. Note: specifications indicated as “Reserved” in Table A 2 are also listed as open points in Annex G when there is a need for notification of national rules to close the corresponding open points. Reserved documents not listed as open points are intended as improvements to the system. Table A 2.1 List of mandatory specifications
Table A 2.2 List of mandatory specifications
Table A 2.3 List of mandatory specifications
Note 1: only the functional description of information to be recorded is mandatory, not the technical characteristics of the interface Note 2: the points of the specifications listed in point 2.1 of EN 301 515 which are referenced in Index 32 and Index 33 as “MI” are mandatory. Note 3: the change requests (CRs) listed in table 1 and 2 of TS 102 281 which affect points referenced in Index 32 and Index 33 as “MI” are mandatory. Note 4: Index 48 refers only to test cases for GSM-R mobile equipment. It is kept “reserved” for the time being. When agreed in a future revision of the TSI, the catalogue of available harmonised test cases for the assessment of mobile equipment and networks, according to the steps indicated in point 6.1.2 of this TSI, will be introduced in these tables. Note 5: the products which are on the market are already tailored to the needs of the RU related to GSM-R Driver Machine Interface and fully interoperable so there is no need for a standard in the TSI CCS. Note 6: information that was intended for index 78 is now incorporated in Index 27 (SUBSET-091). Note 7: this document is ETCS and GSM-R baseline independent. Note 8: Intentionally deleted. Note 9: Intentionally deleted. Note 10: Only the (MI) requirements are mandated by TSI CCS. Note 11: Intentionally deleted. Note 12: Intentionally deleted. Note 13: Intentionally deleted. Note 14: Intentionally deleted. Table A 3 List of mandatory standards The application of the version of the standards listed in the table below, and their subsequent amendments when published as harmonised standard in the certification process is an appropriate means to fully comply to the risk management process as set out in Annex I of the Commission Implementing Regulation (EU) No 402/2013, without prejudice for the provisions of chapter 4 and chapter 6 of this TSI.
Note 1: this standard is harmonised, see “Commission Communication in the framework of the implementation of the 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 (recast)” (OJ C 435, 15.12.2017), where also published editorial corrigenda are indicated. Note 2: this version of the standard may be used during the transitional period defined in the updated version of the standard. Note 3: To be used in combination with EN 50126-1 (2017). Table A 4 List of mandatory standards for accredited laboratories
|
(57) |
the Annex G is replaced by the following: ‘ANNEX G Open Points
|
(*1) Currently the CCS TSI does not specify any interoperability requirement for the interlockings, level crossings and certain other elements of the CCS.’;
(*2) Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009 (OJ L 121, 3.5.2013, p. 8).
(*3) 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).’;
(*4) 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).
(*5) 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).’;
(*6) 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).’;
(*7) The template to be used to provide this information will be defined in the Application Guide.’;
(*8) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).’
1* |
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* |
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). |
3* |
According to Agency's Advice 2017/3 if there is no need for new authorisation the applicable TSI corresponds to the one used for the original certification. In case there is a need for new authorisation applicable TSI corresponds to the latest TSI. |
4* |
Target functionality refers to the ETCS functionality that has been evaluated in the subsystem EC certificate. The Technical Opinions published by the Agency that correct errors in the TSI are considered to define the functionality state already expected during the original certification or authorisation. |
5* |
All activities required for a modification which are performed outside a quality management system approved by a notified body might require additional examinations or tests by the notified body. |
6* |
Target functionality refers to the mobile communication functionality that has been evaluated in the subsystem EC certificate. The Technical Opinions published by the Agency that correct errors in the TSI are considered to define the functionality state already expected during the original certification or authorisation. |
7* |
All activities required for a modification which are performed outside a quality management system approved by a notified body might require additional examinations or tests by the notified body. |
8* |
Target functionality refers to the ETCS functionality that has been evaluated in the subsystem EC certificate. The Technical Opinions published by the Agency that correct errors in the TSI are considered to define the functionality state already expected during the original certification or authorisation. |
9* |
All activities required for a modification which are performed outside a quality management system approved by a notified body might require additional examinations or tests by the notified body. |
10* |
Target functionality refers to the ETCS functionality that has been evaluated in the subsystem EC certificate. The Technical Opinions published by the Agency that correct errors in the TSI are considered to define the functionality state already expected during the original certification or authorisation. |
11* |
All activities required for a modification which are performed outside a quality management system approved by a notified body might require additional examinations or tests by the notified body. |
12* |
On-board subsystems with conditions and restrictions of use or non-detected deficiencies are not considered compliant regarding this clause. |
13* |
An upgrade of tracks operated in mixed traffic to ETCS level 3 shall only be done if passenger and freight trains retain access to these tracks.’ |
(*9) 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).
(*10) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).’;
(*11) Or placed into service in accordance with Directive 2008/57/EC, if Directive (EU) 2016/797 is not yet applicable.’;
(*12) Or placed into service in accordance with Directive 2008/57/EC, if Directive (EU) 2016/797 is not yet applicable.
(*13) Variants or versions of a vehicle type are considered to be authorised in conformity to an existing authorised type. Where the regime of Directive 2008/57/EC applies, changes which would give rise to variants or versions of a vehicle type under Implementing Regulation (EU) 2018/545 are also considered to be based upon an existing authorised type.’;’
(1) Commission Regulation (EU) 2015/995 of 8 June 2015 amending Decision 2012/757/EU concerning the technical specification for interoperability relating to the “operation and traffic management” subsystem of the rail system in the European Union (OJ L 165, 30.6.2015, p. 1).’
(2) HS RS TSI is Commission Decision of 21 February 2008 concerning a technical specification for interoperability relating to the rolling stock sub-system of the trans-European high-speed rail system (2008/232/CE).
(3) CR RS TSI is Commission Decision of 26 April 2011 concerning a technical specification for interoperability relating to the rolling stock subsystem — Locomotives and passenger rolling stock of the trans-European conventional rail system (2011/291/EU).
(4) LOC & PAS TSI is 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.
(5) Wagon TSI is Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification for interoperability relating to the subsystem rolling stock — freight wagons of the rail system in the European Union and repealing Decision 2006/861/EC.’
(6) In this case, the assessment of the management of transitions shall be according to national specifications.’
ANNEX VII
Annex I to Decision 2011/665/EU is amended as follows:
(1) |
point 2.3 is replaced by the following: ‘2.3 Users and user access rights ERATV shall have the following users: Table 1 Access rights to ERATV
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(2) |
in point 2.4, the following paragraph is added: ‘ERATV shall, as appropriate, allow for exchange of information with other information systems of the Agency such as the European Vehicle Register (“EVR”) as referred to in Decision (EU) 2018/1614, the common user interface for the railway register of infrastructure as referred to in Commission Decision 2014/880/EU (*1) and the one stop-shop (“OSS”) as referred to in Article 12 of Regulation (EU) 2016/796 of the European Parliament and of the Council (*2). (*1) Commission Implementing Decision 2014/880/EU of 26 November 2014 on the common specifications of the register of railway infrastructure and repealing Implementing Decision 2011/633/EU (OJ L 356, 12.12.2014, p. 489)." (*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) |
in point 2.5, the following indents are added:
(*3) As provided for in Article 12 of Regulation (EU) 2016/796." (*4) As provided for in Article 27 of Regulation (EU) 2016/796.’;" |
(4) |
point 5.1 is replaced by the following: ‘5.1 General principle Every national safety authority shall submit information related to the authorisations of a type of vehicle or vehicle type variant it has granted. Every national safety authority shall submit information related to the versions of a vehicle type or versions of a vehicle type variant it has received in accordance with in accordance with Article 15(3) of Regulation (EU) 2018/545. The Agency shall directly register information related to the authorisations of a type of vehicle or vehicle type variant it has granted and information related to the versions of a vehicle type or versions of a vehicle type variant it has received. ERATV shall include a web based tool for exchange of information between the national safety authorities and the Agency. This tool shall allow the following exchanges of information:
The national safety authority shall submit the data for updating the register electronically by means of a web based application and using the standard web based electronic form with the relevant fields filled in as set out in Annex II. The Agency shall check the data submitted by the national safety authority regarding their compliance with this specification, and either validate them or request a clarification. If the Agency considers that the data submitted by the national safety authority are not in compliance with this specification, the Agency shall send the national safety authority a request for correction or clarification of the submitted data. Upon each update of data regarding a type of vehicle the system shall generate a confirmation message, which shall be sent by email to the users of the national safety authority that submitted the data, to the national safety authority of all other Member States where the type is authorised, to the vehicle type authorisation holder and to the Agency.’; |
(5) |
point 5.2.1 is replaced by the following: ‘5.2.1 Registering a new vehicle type authorisation, a new vehicle type variant a new version of a vehicle type or a new version of a vehicle type
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(6) |
point 5.3 is replaced by the following: ‘5.3 Entry or modification of data by the Agency 5.3.1 The authorising entity is a national safety authority Where a national safety authority acts as authorising entity, the Agency shall not modify data submitted by a national safety authority. The role of the Agency shall consist of validation and publication only. In exceptional circumstances, such as technical impossibility of following the normal procedure, the Agency may, following a request from a national safety authority, enter or modify data submitted by a national safety authority. In this case, the national safety authority that requested the entry or modification of data shall confirm the data entered or modified by the Agency and the Agency shall duly document the process. The timescales for entering data in ERATV as indicated in Section 5.2 shall apply. 5.3.2 The authorising entity is the Agency Where the Agency acts as authorising entity, it shall:
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(7) |
section 6 is replaced by the following: ‘6. GLOSSARY
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(*1) Commission Implementing Decision 2014/880/EU of 26 November 2014 on the common specifications of the register of railway infrastructure and repealing Implementing Decision 2011/633/EU (OJ L 356, 12.12.2014, p. 489).
(*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) As provided for in Article 12 of Regulation (EU) 2016/796.
(*4) As provided for in Article 27 of Regulation (EU) 2016/796.’;”
ANNEX VIII
Annex II to Decision 2011/665/EU is replaced by the following:
‘ANNEX II
DATA TO BE REGISTERED AND FORMAT
(1) |
For each authorised type of vehicle, ERATV shall include the following data:
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(2) |
The data to be registered in ERATV for each type of vehicle and their format shall be as indicated in Table 2. The data to be registered depend on the category of the vehicle as indicated in Table 2. |
(3) |
The values indicated for the parameters related to the technical characteristics shall be those recorded in the file accompanying the application. |
(4) |
In the cases where possible values for a parameter are limited to a predefined list, these lists shall be maintained and updated by the Agency. |
(5) |
For the types of vehicle that are not in conformity with all the relevant TSIs in force, the national safety authority that has granted the type authorisation may limit the information to be provided on the technical characteristics indicated in Section 4 below to the parameters that have been checked according to the applicable rules. |
(6) |
Where a parameter is defined in the applicable TSI, the value indicated for the parameter shall be the one assessed in the verification procedure. |
(7) |
Predefined lists shall be maintained and kept updated by the Agency in accordance with the TSIs in force, including the TSIs that may be applied during a transitional period. |
(8) |
For parameters indicated as “open point” no data shall be introduced until the “open point” is closed in the relevant TSI. |
(9) |
For parameters indicated as “optional”, indication of data shall be subject to the decision of the applicant for the type authorisation. |
(10) |
Fields 0.1-0.4 shall be filled in by the Agency.
Table 2 Parameters of ERATV
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