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
(notified under document C(2011) 2737)
(Text with EEA relevance)
(2011/291/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/57/EC of the European Parliament and the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 6(1) thereof,
Whereas:
(1)
In accordance with Article 2(e) and Annex II of Directive 2008/57/EC, the rail system is subdivided into structural and functional subsystems, including a rolling stock subsystem.
(2)
By Decision C(2006) 124 final of 9 February 2007, the Commission gave a mandate to the European Railway Agency (hereinafter ‘the Agency’) to develop technical specifications for interoperability (TSIs) under Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system (2). Under the terms of that mandate, the Agency was requested to draw up the draft TSIs related to passenger carriages and locomotives and traction units, related to the rolling stock subsystem of the conventional rail system.
(3)
Technical specifications for interoperability (TSIs) are specifications adopted in accordance with Directive 2008/57/EC. The TSI to be set up by this Decision should cover the rolling stock subsystem in order to meet the essential requirements and ensure the interoperability of the rail system.
(4)
The TSI on rolling stock to be set up by this Decision does not fully deal with all essential requirements. In accordance with Article 5(6) of Directive 2008/57/EC, technical aspects which are not covered should be identified as open points.
(5)
The TSI on rolling stock should refer to 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 (3).
(6)
In accordance with Article 17(3) of Directive 2008/57/EC, Member States are to notify to the Commission and other Member States the technical rules, the conformity assessment and verification procedures to be used for the specific cases, as well as the bodies responsible for carrying out these procedures.
(7)
Commission Decision 2008/163/EC of 20 December 2007 concerning the technical specification of interoperability relating to ‘safety in railway tunnels’ in the trans-European conventional and high-speed rail system (4), includes in its scope some requirements of the rolling stock running in the conventional rail system. Therefore Decision 2008/163/EC should be amended
(8)
The TSI on rolling stock should be without prejudice to the provisions of other relevant TSIs which may be applicable to rolling stock subsystems.
(9)
The TSI on rolling stock should not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the rail system within the European Union.
(10)
In accordance with Article 11(5) of Directive 2008/57/EC, the TSI on rolling stock should allow, for a limited period of time, for interoperability constituents to be incorporated into subsystems without certification if certain conditions are met.
(11)
To continue to encourage innovation and to take into account the experience acquired, this Decision should be subject to periodic revision.
(12)
The provisions of this Decision are in conformity with the opinion of the Committee set up by Article 21 of Council Directive 96/48/EC (5),
HAS ADOPTED THIS DECISION:
Article 1
The technical specification for interoperability (TSI) relating to the rolling stock subsystem, ‘Locomotive and passenger rolling stock’, of the trans-European conventional railway system as set out in the Annex is hereby adopted.
Article 2
1. The TSI set out in the Annex shall apply to all new rolling stock of the trans-European conventional rail system as defined in Annex I to Directive 2008/57/EC. The technical and geographical scope of this Decision is set out in Sections 1.1 and 1.2 of the Annex.
The TSI set out in the Annex shall also apply to existing rolling stock when it is subject to renewal or upgrading in accordance with Article 20 of Directive 2008/57/EC.
2. Until 1 June 2017, the application of this TSI shall not be compulsory for the following rolling stock:
(a)
projects at an advanced stage of development, as referred to in clause 7.1.1.2.2 of the TSI set out in the Annex;
(b)
contracts in course of performance, as referred to in clause 7.1.1.2.3 of the TSI set out in the Annex;
(c)
rolling stock of an existing design, as referred to in clause 7.1.1.2.4 of the TSI set out in the Annex.
Article 3
1. With regard to those issues classified as open points set out in the TSI set out in the Annex, the conditions to be complied with for the verification of the interoperability pursuant to Article 17(2) of Directive 2008/57/EC shall be the applicable technical rules in use in the Member State which authorises the placing in service of the subsystems covered by this Decision.
2. Each Member State shall notify to the other Member States and to the Commission within six months of the notification of this Decision:
(a)
the applicable technical rules referred to in paragraph 1;
(b)
the conformity assessment and checking procedures to be applied with regard to the application of the technical rules referred to in paragraph 1;
(c)
the bodies it appoints for carrying out the conformity assessment and checking procedures of the open points referred to in paragraph 1.
3. With regard to the national rules applicable to vehicles categorised for national use in section 4.2.3.5.2.2, paragraph 2 of this Article also applies.
Article 4
1. With regard to those issues classified as specific cases set out in Section 7 of the TSI set out in the Annex, the conditions to be complied with for the verification of the interoperability pursuant to Article 17(2) of Directive 2008/57/EC shall be the applicable technical rules in use in the Member State which authorises the placing in service of the subsystems covered by this Decision.
2. Each Member State shall notify to the other Member States and to the Commission within six months of the notification of this Decision:
(a)
the applicable technical rules referred to in paragraph 1;
(b)
the conformity assessment and checking procedures to be applied with regard to the application of the technical rules referred to in paragraph 1;
(c)
the bodies it appoints for carrying out the conformity assessment and checking procedures of the specific cases referred to in paragraph 1.
Article 5
The procedures for assessment of conformity, suitability for use and EC verification set out in Section 6 of the TSI set out in the Annex shall be based on the modules defined in Decision 2010/713/EU.
Article 6
1. An EC certificate of verification for a subsystem that contains interoperability constituents not holding an EC declaration of conformity or suitability for use may be issued during a transition period of six years from the date of application of this Decision, on the condition that the provisions set out in Section 6.3 of the Annex are met.
2. The production or upgrade/renewal of the subsystem with use of the non-certified interoperability constituents must be completed within the transition period, including the placing in service.
3. During the transition period Member States shall ensure that:
(a)
the reasons for non-certification of the interoperability constituents are properly identified in the verification procedure referred to in paragraph 1;
(b)
the details of the non-certified interoperability constituents and the reasons for non-certification, including the application of national rules notified under Article 17 of Directive 2008/57/EC, are included by the national safety authorities in their annual report referred to in Article 18 of Directive 2004/49/EC of the European Parliament and of the Council (6).
4. After the transition period and with the exceptions allowed under Section 6.3.3 of the Annex on maintenance, interoperability constituents shall be covered by the required EC declaration of conformity and/or suitability for use before being incorporated into the subsystem.
Article 7
With regard to the rolling stock concerned by projects at advanced stage of development, each Member State shall communicate to the Commission within one year of entry into force of this Decision a list of projects that are taking place within its territory and are at an advanced stage of development.
Article 8
Amendments to Decision 2008/163/EC
Decision 2008/163/EC is amended as follows:
1.
the following text is inserted after the second paragraph of point 4.2.5.1 Material properties for rolling stock:
‘In addition, the requirements of clause 4.2.10.2 (Material requirements) of the CR LOC & PAS TSI shall apply to CR rolling stock.’;
2.
point 4.2.5.4 is replaced by the following:
‘4.2.5.4.
Fire barriers for passenger rolling stock
-
The requirements of clause 4.2.7.2.3.3 (Fire resistance) of the high-speed RST TSI apply to HS rolling stock.
-
The requirements of clause 4.2.7.2.3.3 (Fire resistance) of the high-speed RST TSI and the requirements of clause 4.2.10.5 (Fire barriers) of the conventional LOC & PAS TSI apply to CR rolling stock.’;
3.
point 4.2.5.7 is replaced by the following:
‘4.2.5.7.
Communication means on trains
-
The requirements of clause 4.2.5.1 (Public address system) of the high-speed RST TSI apply to HS rolling stock.
-
The requirements of clause 4.2.5.2 (Public address system: audible communication system) of the conventional LOC & PAS TSI apply to CR rolling stock.’;
4.
point 4.2.5.8 is replaced by the following:
‘4.2.5.8.
Emergency brake override
-
The requirements in clause 4.2.5.3 (Passenger alarm) of the high-speed RST TSI apply to HS rolling stock.
-
The requirements in clause 4.2.5.3 (Passenger alarm: functional requirements) of the conventional LOC & PAS TSI apply to CR rolling stock.’;
5.
point 4.2.5.11.1 is replaced by the following:
‘4.2.5.11.1.
Passengers’ emergency exits
-
The requirements in clause 4.2.7.1.1 (Passengers’ emergency exits) of the high-speed RST TSI apply to HS rolling stock.
-
The requirements in clause 4.2.10.4 (Passenger evacuation) of the conventional LOC & PAS TSI apply to CR rolling stock.’.
Article 9
This Decision shall apply from 1 June 2011.
Article 10
This Decision is addressed to the Member States.
Done at Brussels, 26 April 2011.