ANNEX IISupplementary provisions
ANNEX II The Annex to Regulation (EU) No 1302/2014 is amended as follows: (1) in clause 4.2.2.5, point (5) the text ‘index 8, Table 1 section 5’ is replaced by ‘index 8,Table 1 section 4’; (2) in clause 4.2.2.5, point (6), the text ‘index 8, Table 3 of section 5’ is replaced by ‘index 8, Table 2 of section 5’; (3) in clause 4.2.2.5, point (7) is replaced by the following: ‘(7) Within the scope of the present TSI, the “collision speed” and “collision partner” when scenarios 1 and 2 are applied to locomotives fitted with automatic end centre buffer couplers and capable of a traction effort at coupling higher than 300 kN described in Table 2 of the specification referenced in appendix J-1, index 8 shall be: — 20 km/h instead of 36 km/h for scenarios 1 and 2; and — the reference wagon described in appendix D instead of reference wagon described in annex C.1 of the specification referenced in appendix J-1, index 8 for scenario 2. Note: such high traction effort is required for heavy haul freight locomotives.’; (4) in clause 6.2.3.7, the following sentence is added at the end of point (7): ‘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.’; (5) in clause 7.1.2.2, point (11) is replaced by the following: ‘(11) 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 7 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 7 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).’; (6) in clause 7.1.3.1, point (4) is replaced by the following: ‘(4) The TSI assessment basis for a type is defined for a phase A period, with a duration of maximum seven years. Without prejudice to clauses 7.1.1.4 to 7.1.1.8, during the phase A period the assessment basis for EC verification to be used by the notified body shall not change.’; (7) the following clause 7.1.4 is added: ‘7.1.4. Rules for the extension of the area of use for existing rolling stock 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 rolling stock that fulfils the following conditions when requesting the extension of its area of use in accordance with Article 21(13) of Directive (EU) 2016/797: (a) it has been authorised in accordance with Directive 2008/57/EC or put in operation before 19 July 2010; (b) it is 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 rolling stock referred to in point 1 shall be based on the existing authorisation, if any, and on the technical compatibility between the rolling stock 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 17a and 17b 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 Tables 17a and 17b and with the following clauses of this TSI: — 4.2.4.2.2, 4.2.5.5.8, 4.2.5.5.9, 4.2.6.2.3, 4.2.6.2.4, 4.2.6.2.5, 4.2.8.2.7, 4.2.8.2.9.8 (when running through phase or system separation sections is managed automatically), 4.2.9.3.1, 4.2.9.6, 4.2.12 and 4.2.12.6 — 4.2.5.3 in Italy — 4.2.5.3.5 and 4.2.9.2.1 in Germany through one or a combination of the following: (a) compliance with requirements set out in 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 rolling stock is already authorised or in operation. Such evidence shall be provided by the applicant and may be based on the information of 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 justification has to be assessed and confirmed by an assessment body (CSM RA). (4) In addition to the requirements mentioned 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), the TSI PRM (Regulation (EU) No 1300/2014) 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, coaches used under Regolamento Internazionale Carrozze (RIC) 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, coaches accepted under the latest RIC 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 ).’ " (8) Clause 7.5.2.3 ‘Rules for extension of area of use for existing rolling stock not covered by an EC declaration of verification’ is replaced by: ‘7.5.2.3. 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 IV (LOC&PAS 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 ).’;" (9) Appendix D is replaced by the following: ‘Appendix D Reference wagon for locomotives fitted with automatic end centre buffer couplers and capable of a traction effort at coupling higher than 300 kN For collisions between a train unit and a wagon fitted both with heavy duty couplers, the wagon shall be represented by a mass of 80 t which has only one degree of freedom in the translational x direction. The wagon interface geometry is shown in Figure D.1. The end wall and coupler head geometry shall be assumed to be rigid. It shall be equipped with a centre coupler with a stroke of 110 mm and the force-displacement characteristic indicated in Figure D.2. The total energy absorption capacity of the wagon coupler is 77 kJ. The coupler head geometry and height above top of rail shall be the same as that of the impacting train unit. The longitudinal distance of the coupler plane to the end wall of the wagon shall be 645 mm. For simplification it is allowed to model the coupler heads using the geometry and height given in Figure D.1. Dimensions in millimetres ; (10) in Appendix J-1, Index No 8 of the table is replaced by the following: ‘8 Passive safety – general 4.2.2.5 EN 15227:2008+A1:2010 relevant cl. ( 1 ) Except Annex A Passive safety – categorisation 4-table 1 Passive safety – scenarios 5-table 2, 6. Passive safety – obstacle deflector 6,5’ (11) in Appendix J-1, Index No 10 of the table is replaced by the following: ‘10 Lifting and jacking – marking 4.2.2.6 EN 15877-2:2013 4.5.19’ (12) in Appendix J-1, Index No 36 of the table is replaced by the following: ‘36 Environmental conditions – obstacle deflector 4.2.6.1.2 EN 15227:2008 +A1:2010 relevant cl. ( 1 )’ (13) in Appendix J-2, Index No 2 of the table is deleted. ( *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 ).’;’