EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2014) XXX  draft 
  
COMMISSION REGULATION (EU) No …/.. 
of XXX  
on the technical specification for inte roperability relating to the subsystem 
‘rolling stock - noise’ 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION REGULATION (EU) No …/.. 
of XXX  
on the technical specification for int eroperability relating to the subsystem 
‘rolling stock - noise’ amending Deci sion 2008/232/EC and repealing Decision 
2011/229/EU 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2008/57/EC of the Eu ropean Parliament and of the Council of 17 
June 2008 on the interoperability of the rail system within th e Community, and in particular 
Article 6(1) thereof
1, 
Whereas: (1) Article 12 of Regulation (EC) No 881/2004 of  the European Parliament and of the 
Council
2 requires the European Railway Agency (‘the Agency’) to ensure that the 
technical specifications for inte roperability (‘ TSIs’) are ad apted to techni cal progress, 
market trends and social requirements, and to propose to the Commission any amendments to the TSIs which it considers necessary. 
(2) By Decision C(2010)2576 of 29 April 2010, the Commission gave the Agency a  
mandate to develop and review the TSIs w ith a view to extending their scope to the 
whole rail system in the Union, and to carry  out a study on the pertinence of merging 
the noise requirements for high-speed and c onventional rolling stoc k ( ‘HS’ and ‘CR’ 
RST). The conclusion of the study ERA/REP/13-2011/INT
  was that one TSI should 
cover both CR and HS RST. In consequence,  noise requirements for CR and HS RST 
should be merged. 
(3) Section 7.2 of the Anne x to Decision 2011/229/EU3 provides for a comprehensive 
review and updating by the Agency of th e TSI relating to noi se based on which a 
report and ,if necessary, a proposal s hould be submitted to the Commission. 
(4) On 3 September 2013 the Agency submitted recommendation ERA/REC/07-
2013/REC on the adoption of the TSI relating to noise.  
(5) In order to adapt to technological progre ss and encourage modernisation, innovative 
solutions should be promoted and thei r implementation should, under certain 
conditions, be accepted. Where an innovative solution is proposed, the manufacturer 
or his authorised representative should st ate in what way it de viates from or how it 
complements the relevant pr ovision of the TSI. The i nnovative solution should be 
assessed by the Commission. If this assessment is positive, the Agency should develop 
                                                 
1 OJ L 191, 18.7.2008, p. 1 
2 Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 
establishing a European Railway Agency (Agency Regulation), OJ L 220, 21.6.2004, p. 3 
3  Commission Decision of 4 April 2011 concerning the techni cal specifications of interoperability relating to the 
subsystem ‘rolling stock – noise’ of the trans-European conventional rail system, OJ LL 99, 13.4.2011, p.1.   
EN 3   EN the appropriate functional and interface speci fications of the innovative solution, as 
well as the relevant assessment methods. 
(6) In accordance with Article 17(3) of Directiv e 2008/57/EC, Member States are to notify 
the Commission and the other Member States the conformity assessment and verification procedures to be used for specif ic cases as well as the bodies responsible 
for carrying out those procedures. 
(7) Rolling stock currently operate s under existing national, b ilateral, multilateral or 
international agreements. It is important that those agreements do not hinder current 
and future progress towards interoperability. The Member States should therefore 
notify such agreements to the Commission. 
(8) Commission Decision 2011/229/EU s hould therefore be repealed.  
(9) Decision 2008/232/EC should be amended accordingly as regards the limits for 
stationary noise, the interi or noise levels and the boundary  characteristics linked to 
exterior noise.  
(10) The measures provided for in this Regulati on are in accordance with the opinion of the 
Committee established in accordance with Article 29(1) of Directive 2008/57/EC, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation lays down the technical specifi cation for interoperability (TSI) relating to the 
‘rolling stock — noise’ subsystem of the rail system in the Un ion, as set out in the Annex. 
Article 2 
The TSI shall apply to the rolling stock which falls within the scope of Regulation (EU) No 
[new LOC and PAS TSI]
4 and Regulation (EU) No 321/20135 . 
Article 3 
Within six months of the entry into force of this Regulation, Member States shall notify the 
Commission all agreements c ontaining requirements relating to noise emission limits, , 
provided they were not already notified under Decisions 2006/66/EC6 or 2011/229/EU. 
The agreements to be notified shall be: (a) national agreements between the Member  States and railwa y undertakings or 
infrastructure managers, agreed on either a permanent or a temporary basis and necessitated by the specific or local natu re of the intended transport service; 
(b) bilateral or mu ltilateral agreements between railway undertakings, infrastructure 
managers or safety authorit ies which deliver significant le vels of local or regional 
interoperability; 
                                                
 
4  Full title and reference to be included when available  
5  Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification for 
interoperability relating to the subsystem ‘rolling stoc k — freight wagons’ of the rail system in the European 
Union and repealing Decision 2006/861/EC, OJ L 104, 12.4.2013, p.1.  
6  Commission Decision of 23 December 2005 concerning the te chnical specification for interoperability relating to 
the subsystem rolling stock — noise of the trans-European conventional rail system, OJ L 37, 8.2.2006, p.1.   
EN 4   EN (c) international agreements between one or mo re Member States and at least one third 
country, or between railway undertakings or  infrastructure managers of Member 
States and at least one railway undertaki ng or infrastructure manager of a third 
country which deliver significant levels of  local or regional  interoperability. 
Article 4 
The procedures for assessment of conformity, su itability for use and EC verification set out in 
Section 6 of the Annex to th is Regulation shall be base d on the modules defined in 
Commission Decision 2010/713/EU7. 
Article 5  
1. With regard to the specific  cases listed in Section 7.3.2 of the Annex, the conditions 
to be met for the verification of interoperability in accordance with Article 17(2) of Directive 2008/57/EC shall be the applicable technical rules in use in the Member 
State which authorises the placing in se rvice of the subsystems covered by this 
Regulation. 
2. Within six months of the entry into force of this Regulation, each Member State shall 
inform the Commission and the Member States about: 
(a) the technical rules referred to in paragraph 1; 
(b) the conformity assessment and verificati on procedures to be carried out in 
application of the t echnical rules referred to in paragraph 1; 
(c) the bodies designated in accord ance with Article 17(3) of 
Directive 2008/57/EC  in order to ca rry out the conformity assessment and 
verification procedures with respect to the specific cases set out in Section 7.3.2. of the Annex to this Regulation. 
Article 6 
Compliance with the lower exposure action va lues set out in Article 3 of Directive 
2003/10/EC of the European Pa rliament and of the Council
8 shall be ensured by compliance 
with the driver’s cabin interior noise level, as  set out in point 4.2.4 of the Annex to this 
Regulation as well as by appropriate operationa l conditions to be defined by the railway 
undertaking. 
Article 7 
1. In order to adapt to tech nological progress, innovative solutions may be proposed by 
the manufacturer or its authorised repres entative which do not comply with the 
specifications set out in the Annex and/or  for which the assessment methods set out 
in the Annex cannot be applied.  
                                                 
7 Commission Decision of 9 November 2010 on modules for the procedures for assessment of conformity, 
suitability for use and EC verification to be used in the technical specifications for interoperability adopted 
under Directive 2008/57/EC of the European Parliament and of the Council, OJ L 319, 4.12.2010, p. 1 
8 Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the 
minimum health and safety requirements regarding the exposure of workers to the risks arising from 
physical agents (noise), OJ L 42, 15.2.2003, p. 38   
EN 5   EN 2. Innovative solutions may be related to the rolling stock subsystem, its parts and its 
interoperability constituents. 
3. Where an innovative solution is proposed, the manufacturer or his authorised 
representative established within the Union shall state in what way it deviates from 
or how it complements the relevant prov isions of this TSI and shall submit the 
deviations to the Commission for analysis . The Commission may request the opinion 
of the Agency on the pr oposed innovative solution. 
4. The Commission shall deliver an opinion on the proposed innovativ e solution. If this 
opinion is positive, the appropriate functional and interface specifications and the assessment method, which need to be included in the TSI in order to allow the use of 
this innovative solution, shall be deve loped by the Agency and subsequently 
integrated into the TSI during the revision process pursuant to Article 6 of Directive 
2008/57/EC. If the opinion is negative, the proposed innovative solution shall not be 
used. 
5. Pending the review of the TSI, a positive opinion delivered by the Commission shall 
be considered as an acceptable means of  compliance with the essential requirements 
of Directive 2008/57/EC and may therefore be used for the assessment of the 
subsystem. 
Article 8 
1. Decision 2011/229/EU is repealed with effect from 1 January 2015. 
2. In the Annex to Decision 2008/232/EC, points 4.2.6.5, 4.2.7.6 and 7.3.2.15 are 
deleted with effect from 1 January 2015.  
3. The provisions referred to in paragraphs 1 and 2 shall however continue to apply in 
relation to projects authorised in accordan ce with the TSI annexed to those Decisions 
and, unless the applicant requests to apply th is Regulation, to projects relating to new 
vehicles and to the renewa l or upgrading of existing vehicles which are at an 
advanced stage of development or are the subj ect of a contract in force on the date of 
publication of this Regulation. 
Article 9 
This Regulation shall enter into force on the [twentieth day] day following that of its 
publication in the Official Journal of the European Union . 
It shall apply from 1 January 2015. This Regulation shall be binding in its entirety a nd directly applicable in the Member States in 
accordance with the Treaties. 
Done at Brussels, 
 For the Commission 
 The President  José Manuel BARROSO