Innovative solutions
Article 6
1. Technological progress may require innovative solutions, which do not comply with the specifications set out in the Annex or for which the assessment methods set out in the Annex cannot be applied. 2. Innovative solutions may concern the infrastructure and rolling stock subsystems, their parts and their interoperability constituents. 3. If an innovative solution is proposed, the manufacturer or his authorised representative established within the Union shall state how it deviates from the relevant provision of the TSI set out in the Annex and submit it to the Commission for analysis. The Commission may request the Agency's opinion on the proposed innovative solution and, where appropriate, may consult relevant stakeholders. 4. The Commission shall deliver an opinion on the proposed innovative solution. If this opinion is positive, the appropriate functional and interface specifications and the assessment method needed in the TSI to enable use to be made of this innovative solution shall be developed and subsequently incorporated in the TSI during the revision process. If the opinion is negative, the innovative solution proposed cannot be applied. 5. Pending the revision of the TSI, the positive opinion delivered by the Commission shall be considered as acceptable means of compliance with the essential requirements of Directive 2008/57/EC and may be used for the assessment of subsystems and projects.