ANNEX I
The Annex to Regulation (EU) No 321/2013 is amended as follows:
(1)
in clause 4.2.2.2, the title ‘Strength of unit’ is added;
(2)
in clause 6.1.2.2, the following paragraph is added between the first and the second paragraphs:
‘Alternative demonstration of conformity is allowed in accordance with point 6.1.2.4a.’;
(3)
in clause 6.1.2.3, the following paragraph is added before point (b):
‘Alternative demonstration of conformity is allowed in accordance with point 6.1.2.4a.’;
(4)
in clause 6.1.2.4, the following paragraph is added at the end of the clause:
‘Alternative demonstration of conformity is allowed in accordance with point 6.1.2.4a.’;
(5)
the following clause 6.1.2.4a is added between clause 6.1.2.4 and clause 6.1.2.5:
‘Where the EN standards referred to in points 6.1.2.2, 6.1.2.3 and 6.1.2.4 do not cover the proposed technical solution, it is permitted to use other standards to demonstrate conformity of the mechanical behaviour of the wheelset assembly, the mechanical characteristics of the wheels and the mechanical resistance and fatigue characteristics of the axle respectively; 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 wheelsets, containing specific requirements for wheelset, wheels and axles covering:
—
wheelset assembly,
—
mechanical resistance,
—
fatigue characteristics,
—
permissible stress limits,
—
thermomechanical characteristics.
Only standards that are publicly available can be referred to in the demonstration required above. The verification carried out by the notified body shall ensure the consistency between the methodology of the alternative standards, the assumptions taken by the applicant, the intended technical solution and the intended area of use.’;
(6)
in clause 7.2.2.2, the three paragraphs directly following Table 11a are replaced by the following:
‘In order to establish the EC type or design examination certificate, the notified body selected by the entity managing the change may refer to:
—
the original EC type or design examination certificate for parts of the design that are unchanged or those that are changed but do not affect the conformity of the subsystem, as far as it is still valid (during 10 years phase B period),
—
additional EC type or design examination certificate (amending the original certificate) for modified parts of the design that affect the conformity of the subsystem with the latest revision of this TSI in force at that time.
The validity period of the EC type or design examination certificate for the modified type, type variant or type version shall be limited to 10 years from the date of issuing, without exceeding 14 years after the date of appointment of a notified body by the applicant for the initial rolling stock type (beginning of phase A of the original EC type or design examination certificate).’;
(7)
in clause 7.2.2.2, the row ‘4.2.4.3.2.1 Service brake’ of table 11a is replaced by the following:
‘4.2.4.3.2.1 Service brake
Stopping distance
Change of stopping distance of more than ± 10 %
Note: Brake weight percentage (also called “lambda” or “braked mass percentage”) or braked mass may also be used, and can be derived (directly or via stopping distance) from deceleration profiles by a calculation.
The allowed change is the same (± 10 %)
N/A
Maximum deceleration for the load condition “design mass under normal payload” at the maximum design speed
Change of more than ± 10 % on the maximum average brake deceleration
N/A’
(8)
in clause 7.2.2.3, the first paragraph is replaced by the following:
‘The following rules apply, in addition to clause 7.2.2.2, 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’;
(9)
in clause 7.2.2.3, the third paragraph is replaced by the following:
‘The particular rule set out in the above paragraph is not applicable in changes impacting the basic parameters and classified as 21(12)a set out in table 11b. For those changes, compliance with the TSI requirements is mandatory’;
(10)
the following clause 7.2.2.4 is added:
‘7.2.2.4.
Rules for the extension of the area of use for existing units having an authorisation in accordance with Directive 2008/57/EC or in operation before 19 July 2010
(1)
In the absence of full conformity with this TSI, point 2 applies to units that fulfil the following conditions when requesting an extension of their area of use in accordance with Article 21(13) of Directive (EU) 2016/797:
1.
they have been authorised in accordance with Directive 2008/57/EC or put in operation before 19 July 2010;
2.
they are registered with “Valid” registration code “00”, in the National Vehicle Register in accordance with Commission Decision 2007/756/EC ( *1 ) or in the European Vehicle Register in accordance with Commission Implementing Decision (EU) 2018/1614 ( *2 ) and maintained in a safe state of running in accordance with Commission Implementing Regulation (EU) 2019/779 ( *3 ) .
The following provisions for extension of area of use apply also in combination with a new authorisation as defined in point (a) of Article 14(3) of Regulation (EU) 2018/545.
(2)
Authorisation for an extended area of use of the units referred to in point 1 shall be based on the existing authorisation, if any, the technical compatibility between the unit and the network in accordance with point (d) of Article 21(3) of Directive (EU) 2016/797 and compliance with the Basic Design Characteristics of Table 11a of this TSI, taking into account any restrictions or limitations.
The applicant shall provide an “EC declaration of verification” accompanied by technical files giving evidence of compliance with the requirements set out in this TSI, or with provisions having equivalent effect, for each basic parameter referred to in column 1 of Table 11a of this TSI, through one or a combination of the following:
(a)
compliance with requirements of this TSI as referred above;
(b)
compliance with corresponding requirements set out in a previous TSI as referred above;
(c)
compliance with alternative specifications deemed to have equivalent effect to the relevant requirements set out in this TSI as referred above;
(d)
evidence that the requirements for technical compatibility with the network of the extended area of use are equivalent to the requirements for technical compatibility with the network for which the unit is already authorised or in operation. Such evidence shall be provided by the applicant and may be based on the information in the register of railway infrastructure (RINF).
(3)
The equivalent effect of alternative specifications to the requirements of this TSI (point 2(c)) and the equivalence of requirements for technical compatibility with the network (point 2(d)) shall be justified and documented by the Applicant by applying the risk management process set out in Annex I of Regulation (EU) No 402/2013. The applicant shall provide a positive assessment by an assessment body (CSM RA).
(4)
In addition to the requirements referred to in point 2 and where applicable, the applicant shall provide an “EC declaration of verification” accompanied by technical files giving evidence of compliance with the following:
(a)
specific cases relating to any part of the extended area of use, listed in this TSI, the TSI Noise (Regulation (EU) No 1304/2014) and CCS TSI (Regulation (EU) 2016/919);
(b)
the national rules referred to in points (a), (c) and (d) of Article 13(2) of Directive (EU) 2016/797 as notified in accordance with Article 14 of that Directive.
(5)
The authorising entity shall make publicly available through the Agency website details of the alternative specifications referred to in point 2(c) and of the requirements for technical compatibility with the network referred to in point 2(d) on the basis of which it granted authorisations for the extended area of use.
(6)
Where an authorised vehicle benefited from non-application of TSIs or part of them pursuant to Article 9 of Directive 2008/57/EC, the applicant shall seek derogation(s) in the Member States of the extended area of use in accordance to Article 7 of Directive (EU) 2016/797.
(7)
In accordance with Article 54(2) of Directive (EU) 2016/797, wagons used under Regolamento Internazionale Veicoli (RIV) shall be deemed authorised in accordance with the conditions under which they were used, including the area of use where they are operated. Following a change which requires a new authorisation for placing on the market in accordance with Article 21(12) of Directive (EU) 2016/797, wagons accepted under the latest RIV agreement shall conserve the area of use in which they were operating without further checks on the unchanged parts.
( *1 ) Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC ( OJ L 305, 23.11.2007, p. 30 )."
( *2 ) 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 )."
( *3 ) Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011 ( OJ L 139I , 27.5.2019, p. 360 ).’;"
(11)
in clause 7.3.2.1, the first sentence is replaced by the following:
‘Units running between a Member State and a third country with a network with 1520 mm track gauge: Specific case Finland, Poland, Slovak Republic and Sweden.’;
(12)
in clause 7.3.2.2(a), the last paragraph is replaced by the following:
‘Units mutually recognised in accordance with point 7.1.2 and units equipped with on-board axle bearing condition monitoring equipment are exempted from this specific case. The exemption of units in accordance with point 7.1.2 is not applicable when using other conformity assessment methods in accordance with point 6.1.2.4a.’;
(13)
in clause 7.3.2.5, the title is replaced by the following:
‘7.3.2.5.
Characteristics of wheelsets, wheels and axles (points 4.2.3.6.2 and 4.2.3.6.3)
Specific case UK for Great Britain’;
(14)
Clause 7.6.1, ‘Rules for extension of area of use for existing rolling stock not covered by an EC declaration of verification’ is replaced by:
‘7.6.1.
Rules for implementation
On 24 January 2020 the Commission sent a request to the European Union Agency for Railways for the preparation of the Digital rail and Green freight TSI revision package (2022 revision).
Pursuant to Commission Delegated Decision (EU) 2017/1474, the Digital rail and Green freight TSI revision package shall include provisions reviewing and if possible simplifying the strategy for the application of the TSIs in a way ensuring a gradual, but timely reduction of the divergences from the target system while providing the predictability and legal certainty necessary to the sector. These provision shall cover future transition periods as well as the issue of the validity period of the certificates for interoperability constituents and subsystems.
Furthermore, with the same objective of ensuring a gradual, but timely reduction of the divergences from the target system while providing the predictability and legal certainty necessary to the sector, provisions providing flexibility in the application of updated versions of standards shall be considered, including for those introduced in Annex I (WAG 2019 TSI) to Commission Implementing Regulation (EU) 2019/776 ( *4 ) .
( *4 ) 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 ( OJ L 139 I, 27.5.2019, p. 108 )’;"
(15)
in Appendix C, ‘Additional optional conditions’, the following point is added at the end of the Appendix:
‘20.
Running dynamic behaviour
The combination of maximum operating speed and maximum admissible cant deficiency shall be as shown in Table H.1 of EN 14363:2016.
Units equipped with established running gear as described in chapter 6 of EN 16235:2013 are presumed to be in conformity with this requirement.’
( *1 ) Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC ( OJ L 305, 23.11.2007, p. 30 ).
( *2 ) 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 ).
( *3 ) Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011 ( OJ L 139I , 27.5.2019, p. 360 ).’;
( *4 ) 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 ( OJ L 139 I, 27.5.2019, p. 108 )’;’