EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2018) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) No 1304/2014 as regards application of the technical 
specification for interoperability relating to the subsystem ‘rolling stock — noise’ to the 
existing freight wagons   EN 2  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) No 1304/2014 as regards application of the technical 
specification for interoperability relating to the subsystem ‘rolling stock — noise’ to the 
existing freight wagons  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the F unctioning of the European Union , 
Having regard to Directive ( EU) 2016/79 7 of the European Parliament  and of the Council of 
11 May 2016  on the interoperability of the rail system within the European Union1, and in 
particular Article 5 (11) thereof,  
Whereas:  
(1) There is a risk that excessive levels of railway noise could  lead to uncoordinated 
unilateral action by some Member States. Such measures could have adverse effects 
on European economies and result in a reverse modal shift from rail to road. 
Furthermore, such actions might undermine  Union rail interoperability. As the 
majority of rail freight in the U nion is international , a European -level  solution to the 
problem is needed.   
(2) The application of the technical specification for interoperability relating to the 
‘rolling stock — noise’ subsystem of the rail system in the  Union (‘ NOI TSI ’) as set 
out in Commission Regulation (EU) No 1304/20142 to existing wagons should 
therefore significant ly reduc e maximum noise emission levels.  One of the most 
effective ways to mitigate rail noise is by retrofitting existing freight wago ns with 
composite brake blocks. This technical solution reduces rail noise by up to 10 dB , 
which represents  a 50 % reduction in audible noise for humans.  
(3) On 22 September 2017, the Commission requested the European Union Agency for 
Railways (‘the Agency ’) to issue a recommendation , pursuant to Article 5 (2) of 
Directive (EU) 2016/797 , for a revision of the NOI TSI specifying the application of 
the NOI TSI to the existing freight wagons in the framework of the ‘quieter routes’  
strategy.  
(4) The issue of rail freight noise should be tackled where it  is a serious nuisance and a 
health threat . For this reason  and a s freight trains operating in night  are of particular 
nuisance , a definition of a quieter route should be formulated with reference to rail 
freight traffic intensity during night -time.  
(5) The date of application of  the introduction of the  quieter routes  should be  set taking 
into account several parameters, including  the progress of retrofitting  in different 
                                                 
1 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the 
interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44)  
2 Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for 
interoperability relating to the subsystem ‘rolling stock — noise’  amending Decision 2008/232/EC and 
repealing Decision 2011/229/EU (OJ L 356 12.12.2014, p. 421).  EN 3  EN Member States , the rate of renewa l of the rail freight fleet, the freight wagons  
maintenance cycle, the production capacity of manufacturers of composite brake 
blocks  and workshop  availability . The date  should also be aligned with the recurrent 
change of working timetable  in accordance wi th Annex VII to Directive 2012/34/EU 
of the Europea n Parliament and of the Council3.  
(6) As traffic intensity may be subject to fluctuat ions, the list of quieter routes should be 
updated at regular intervals to take into account such changes and , at the same time , 
guarant ee a stable framework over a period of several years. Therefore it would be 
appropriate that the Member States update the list of quieter routes at least every five 
years after 8 December 2024 . Furthermore, before the first update , the Commission 
should evaluate the progress of retrofitting and the impact of the introduction of 
quieter routes on the rail freight industry .  
(7) The introduction of quieter routes should complement other actions  at Union level 
aimed at reducing rail freig ht noise , including the financing of retrofitting under the 
Connecting Europe Facility ,4 ESIF funds5, noise -differentiated track access charges 
schemes6 and the  development of new technical solutions under the Shift 2Rail 
initiative7. 
(8) As the amendments have a direct impact on the social environment  of workers in the 
sector and on rail freight  costumers , the social partners and rail freight customers  have 
been consulted , as required by Articles 6 and 7 of Regulation  (EU) 2016/796  of the 
Europea n Parliament and of the Council8. 
(9) An impact assessment in accordance with Article  5 of Directive  (EU) 2016/797  was 
conducted during the revision of this TSI  by the Agency .  
(10) On 29 May 2018, the Agency issued a recommendation on the amendments to  the 
NOI TSI . 
(11) Commission Regulation (EU) No 1304/2014  should therefore be amended in order to 
apply  to existing freight wagons  in the framework of the quieter routes strategy  and to  
provide for  a procedure for the  assessment of acoustic performance of composite brake 
blocks . This procedure should become as set out by this amendment an open point  
within the meaning of  Article 4(6)  of Directive (EU) 2016/797 .  
                                                 
3 Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012  
establishing a single European railway area  (OJ L 343, 14.12.2012, p. 32). 
4 Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 
establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and  repealing 
Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013 , p. 129). 
5 Regulation (EU) No 1300/2013 of the European Parliament and of the Council of 17 December 2013 on 
the Cohesion Fund and repealing Council Regulation (EC) No 1084/ 2006  (OJ L 347, 20.12.2013, p 
281) and Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 
December 2013 on the European Regional Development Fund and on specific provisions concerning 
the Investment for growth and jobs goal an d repealing Regulation (EC) No 1080/2006  (OJ L 347, 
20.12.2013, p. 289 ). 
6 Commission Implementing Regulation (EU) 2015/429 of 13 March 2015 setting out the modalities to 
be followed for the application of the charging for the cost of noise effects (OJ L 70, 14.3.2015, p . 36). 
7 Council Regulation (EU) No 642/2014 of 16 June 2014 establishing the Shift2Rail Joint Undertaking  
(OJ L L 177, 17.6.2014 , p. 9). 
8 Regulation (EU) No 2016/796 of the European Parliament and of the Council of 11 May 2016 on the 
Europ ean Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 
26.5.2016, p. 1).  EN 4  EN (12) The measures provided for in this Regulation are in  accordance  with the opinion of 
the Committee established under Article 51(1) of Directive (EU) 2016/797,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Regulation  (EU) No 1304 /2014  is amended as follows : 
(1) The following Article s 5a, 5b, 5c, 5d are  inserted :  
‘Article 5 a 
From 8 December 2024, wagons within the scope of Reg ulation (EU) No 321/2013 
which are not covered by point 7.2.2.2 of the Annex to this Regulation shall not be 
operated on the quieter routes.  
Article 5b  
A ‘quieter route’ means a part of the railway infrastructure with a minimum length of 
20 km on which the average number of daily operated freight trains during  the night -
time as defined in national legislation transposing Directive 2002/49/EC of the 
European Parliament and of the Council9 was higher than 12.  The fre ight traffic in 
the years 2015, 2016 and 2017 shall be the basis for the calculation of that average 
number.  
Article 5 c 
1. Member States shall designate quieter routes  in accordance with Article 5 b and the 
procedure set out in Appendix D.1  of the Annex . They  shall provide the Agency with 
a list of quieter routes six months after the date of publication of this Regulation  at 
the latest .  The Agency shall publish those lists on its website.  
2. Member States shall update the list of quieter routes at least every five years after 
8 December 2024 , following the procedure set out in Appendix D .2 of the Annex .  
Article 5d  
By 31  December 2028, the Commission shall evaluate the implementation of the 
quieter routes, in particular regarding the progress of retrofitting of wagons and the 
impact of the introduction of quiete r routes  on the overall competitiveness of the rail 
freight se ctor. 
 
(2) The Annex to  Regulation (EU) No 1304/2014 is amended in accordance with the 
Annex  to this Implementing Regulation.  
                                                 
9 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the      
assessment and management of environmental noise OJ L 189, 18.7.2002, p. 12).’  EN 5  EN Article 2 
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the  European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER