ANNEX IIISupplementary provisions
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: ‘(1) In accordance with Article 4(3) of Directive (EU) 2016/797, this TSI: (a) indicates its intended scope (section 2); (b) lays down essential requirements for the energy and part of the maintenance subsystems (section 3); (c) establishes the functional and technical specifications to be met by the energy and part of the maintenance subsystems and its interfaces vis-à-vis other subsystems (section 4); (d) specifies the interoperability constituents and interfaces which must be covered by European specifications, including European standards, which are necessary to achieve interoperability within the Union rail system (section 5); (e) states, in each case under consideration, which procedures are to be used in order to assess the conformity or the suitability for use of the interoperability constituents, on the one hand, or the EC verification of the subsystems, on the other hand (section 6); (f) indicates the strategy for implementing this TSI (section 7); (g) indicates, for the staff concerned, the professional qualifications and health and safety conditions at work required for the operation and maintenance of the energy subsystem, as well as for the implementation of this TSI (section 4); (h) indicates the provisions applicable to the existing energy subsystem, in particular in the event of upgrading and renewal and, in such cases, the modification work which requires an application for a new authorisation; (i) indicates the parameters of energy subsystem to be checked by the railway undertaking and the procedures to be applied to check those parameters after the delivery of the vehicle authorisation for placing on the market and before the first use of the vehicle to ensure compatibility between vehicles and the routes on which they are to be operated. (2) In accordance with Article 4(5) of the Directive (EU) 2016/797, provisions for specific cases are indicated in Section 7.’; (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: ‘(4) The curves apply to speed up to 360 km/h. For speeds above 360 km/h procedures set out in point 6.1.3 shall apply.’; (5) section 4.4(1) is replaced by: ‘(1) Operating rules are developed within the procedures described in the infrastructure manager 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) and as set out in Annex IV of Directive (EU) 2016/797.’; (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: (a) point (1) is replaced by: ‘(1) At the request of the applicant, the notified body carries out EC verification in accordance with Article 15 of Directive (EU) 2016/797 and in accordance with the provisions of the relevant modules.’; (b) point (4) is replaced by: ‘(4) The applicant shall draw up the EC declaration of verification for the energy subsystem in accordance with Article 15(1) of and Annex IV to Directive (EU) 2016/797.’; (8) point (c) of Section 6.3.2 is replaced by: ‘(c) for those interoperability constituents, the reason(s) why the manufacturer did not provide an EC declaration of conformity and/or suitability for use before its incorporation into the subsystem, including the application of national rules notified under Article 13 of Directive (EU) 2016/797.’; (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: (a) The scope of the upgrading or renewal of the energy subsystem may cover the entire subsystem on a given line or only certain parts of the subsystem. In accordance with Article 18(6) of Directive (EU) 2016/797 the national safety authority shall examine the project and decide whether a new authorisation for placing in service is needed. (b) Where a new authorisation is required, parts of the energy subsystem falling under the scope of the upgrading or renewal shall comply with this TSI and shall be subject to the procedure established in Article 15 of Directive (EU) 2016/797, unless a permission for non-application of TSI is granted according to Article 7 of Directive (EU) 2016/797. (c) Where a new authorisation for placing in service is required, the Contracting Entity shall define the practical measures and different phases of the project, which are necessary to achieve the required levels of performance. These project phases may include transition periods for placing equipment into service with reduced levels of performance. (d) Where a new authorisation for placing in service is not required, compliance with this TSI is recommended. Where compliance is not possible, the contracting entity shall inform the Member State of the reasons thereof.’; (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 (1) The specific cases, as listed in point 7.4.2, describe special provisions that are needed and authorised on particular networks of each Member State. (2) These specific cases are classified as: — “P” cases: “permanent” cases, — “T” cases: “temporary” cases, where the target system shall be reached by 31 December 2035. 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 ).’;’