EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2019) XXX  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, 
(EU)  No 1300/2014, (EU) No  1301/2014, (EU) No  1302/2014, (EU) No  1303/2014, 
(EU)  No 1304/2014 and (EU) 2016/919 as regards the extension of the area of use,  
the transition phase and appl icable standards  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, 
(EU)  No 1300/2014, (EU) No  1301/2014, (EU) No  1302/2014, (EU) No  1303/2014, 
(EU)  No 1304/2014 and (EU) 2016/919 as regards the extension of the area of use,  
the transition phase and appl icable standards  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 
11 May 2016 on the interoper ability of the rail system within the European Union1, and in 
particular Article 5(11) thereof , 
Whereas:  
(1) Pursuant to Article 54(2) and (3) of Directive (EU) 2016/797, vehicles authorised for 
placing in service prior to 15 June 2016 are to receive a  new authorization for placing 
on the market in accord ance with  Article 21 of that Directive before they can be 
operate d on one or more networks which are not alread y covered by their initial 
authorisation. Such vehicles are thus required either to conform to the technical 
specifications for interoperability (TSIs) in force or be entitled not to apply  those TSIs 
pursuant to Article 7(1) of that Directive. At the same time, one of the objectives of 
Directive (EU) 2016/797 is the streamlining and harm onisation of authorisation 
procedures at Union level to facilitate the free movement of vehicles.  To this end , 
clause  7.6.1 of the Annex  to Commission Regulation (EU) No  321/20132 and clause 
7.5.2.3 of the Annex to Commission Regulation (EU) No 1302/20143 call for the 
development of flexibility provisions  with regards to compliance with the TSI 
requirements . Those provisions  are t o set out which level of flexibility could be 
granted in case of extension of the area of use of vehicles placed in service befo re 15 
June 2016, while fulfilling the essential requirements, maintaining the appropriate 
safety level, and where reasonably practicable, improving it . Those Regulations should 
therefore be amended accordingly. For the same reasons, such clarification shou ld also 
be provided for Commission Regulation (EU) 2016/9194. 
                                                 
1 OJ L 138, 26.5.2016, p. 44 . 
2 Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification for 
interoperability relating to the subsystem ‘rolling stock — freight wagons’ of the rail system in the European 
Union  and repealing Decision 2006/861/EC ( OJ L 104, 12.4.2013, p. 1 ). 
3 Comm ission Regulation (EU) No  1302/2014 of 18 November 2014 concerning a technical specification for 
interoperability relating to the ‘rolling stock — locomotives and passenger rolling stock’ subsystem of the 
rail system in the European Union (OJ L 356, 12.12. 2014, p. 228).  
4 Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical spe cification for 
interoperability  relating to the ‘control -command and signalling’ subsystems of the rail system in the 
European Union (OJ L 158, 15.6.2016, p. 1).    
EN 2  EN (2) There are diverge nt approaches  amongst  notified bodies and authorising entities   in the 
rail sector with regards to  the  application of the  different transitional provisions set 
out in clause s 7.1.1.2 to 7.1.1.8 and clause 7.1.3.1 of the Annex to Regulation (EU) No 
1302/2014.  Similarly, there are divergen t approaches  in the rail sector with regards to  
the validity period of EC type or design examination certificates in case of changes to 
an existing rolling stock type, as set out in clause 7.2.2.2  of the Annex to  Regulation 
(EU) No 321/2013 and clause 7.1.2.2 of the Annex to  Regulation (EU) No 1302/2014. 
To ensure harmonisation within the Union rail  sector  and to facilitate  achieving   the 
target system  and in order   to avoid divergent application of th ose transition provisions 
and validity periods of certificates , those provisions should be amended . 
(3) In accordance with point (f) of Article 3(5) of Commission Delegated Decision (EU) 
2017/14745, TSIs are to  include provisions which integrate references to standards and 
to other technical documents evolving regularly in a way which allows their updating 
in a timely manner.  In order to establish compliance with the essential requirements 
referred to in Annex III to Directive (EU) 2016/797, applicants as defined in Article 
2(22) of Directive (EU) 2016/797  are to apply the version of the relevant standards 
referred to in the TS Is. However, to ensure even more flexibility, they should be 
authorised to apply, under certain conditions, a  more recent version of a standard. 
Commission Regulations (EU) No 321/2013, (EU) No 1299/20146, (EU) 
No 1300/20147, (EU) No  1301/20148, (EU) No 13 02/2014, (EU) No 1303/20149, (EU) 
No 1304/201410 and (EU) 2016/919 should therefore be amended accordingly.  
(4) The measures provided for in this Regulation are in accordance with the opinion of the 
Committee referred to in Article 51(1) of Directive (EU) 2016/ 797, 
HAS ADOPTED THIS REGULATION:  
                                                 
5 Com mission Delegated Decision (EU) 2017/1474 of 8 June 2017 supplementing Directive (EU) 
2016/797 of the European Parliament and of the Council with regard to specific objectives for the 
drafting, adoption and review of technical specifications for interopera bility (OJ L 210, 15.8.2017, p.  5). 
6 Commission Regulation (EU) No 1299/2014 of 18 November 2014 on the technical specifications for 
interoperability relating to the ‘infrastructure’ subsystem of the rail system in the European Union (OJ L 
356, 12.12.2014 , p. 1).  
7 Commission Regulation (EU) No 1300 /2014 of 18 November 2014 on the technical specifications for 
interoperability relating to accessibility of the Union's rail system for persons with disabilities and 
persons with reduced mobility (OJ L 356, 12.12.2014, p. 1 10). 
8 Commission Regulation (EU) No 1301 /2014 of 18 November 2014 on the technical specifications for 
interoperability relating to the ‘energy’ subsystem of the rail system in the Union  (OJ L 356, 
12.12.2014, p. 179 ). 
9 Commission Regulati on (EU) No 1303 /2014 of 18 November 2014 concerning the technical 
specification for interoperability relating to ‘safety in railway tunnels’ of the rail system of the 
European Union (OJ L 356, 12.12.2014, p. 394 ). 
10 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 Article 1  
Amendment s to WAG TSI  
Regulation (EU) No  321/2013 is amended as follows:  
(1) the following Article 10b is inserted:  
‘Article 10b  
In order to keep up with developments in EN standards referred to  in Appendix D of 
the Annex  to this Regulation , applicants are authorised to apply, for each standard 
referred to in Appendix D , either of the following versions : 
(a)  the version referred to in Appendix D ; 
(b)  a more recent version of the same standard or of a standard replacing that  
standard, provided that that more recent version or standard  is listed in the 
Official Journal of the European Union  as harmonised standard under 
Directive (EU) 2016/797 and that Annex Z A or ZZ  to that more recent version 
or standard confirms that it prov ides presumption of conformity to this TSI in 
relation with the parameter under consideration.’ ; 
(2) the Annex is amended in accordance with Annex I to this Regulation.  
Article 2  
Amendment to INF TSI  
In Regulation (EU) No  1299/2014 , the following Article 10a i s inserted : 
‘Article 10a  
New harmonised standards  
In order to keep up with developments in EN standards referred to in Appendix T of 
the Annex  to this Regulation , applicants are authorised to apply, for each standard 
referred to in Appendix T , either of the following versions :  
(a)  the version referred to in Appendix T ;  
(b)  a more recent version of the same standard or of a standard replacing that 
standard, provided that that more recent version or standard  is listed in the 
Official Journal of the European Uni on as harmonised standard under 
Directive (EU) 2016/797 and that Annex Z A or ZZ  to that more recent version 
or standard confirms that it provides presumption of conformity to this TSI in 
relation with the parameter under consideration.’ .  
EN 4  EN Article 3  
Amendmen t to PRM TSI  
In Regulation (EU) No  1300 /2014 , the following Article 10a is inserted : 
‘Article 10a  
New harmonised standards  
In order to keep up with developments in EN standards referred to in Appendix A of 
the Annex  to this Regulation , applicants are authorised to apply, for each standard 
referred to in Appendix A , either of the following versions :  
(a) the version referred to in Appendix A ;  
(b) a more recent version of the same standard or of a standard replacing that 
standard, provided that  that more recent version or standard  is listed in the 
Official Journal of the European Union  as harmonised standard under 
Directive (EU) 2016/797 and that Annex Z A or ZZ  to that more recent version 
or standard confirms that it provides presumption of conf ormity to this TSI in 
relation with the parameter under consideration.  
____________  
* 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 ).’. 
Article 4 
Amendment to ENE TSI  
In Regulation (EU) No  1301/2014 , the following Article 10a is inserted : 
‘Article 10a  
New harmonised standards  
In order to keep up with developments in EN standards referred to in Appendix E of 
the Annex  to thi s Regulation , applicants are authorised to apply, for each standard 
referred to in Appendix E , either of the following versions :  
(a)  the version referred to in Appendix E ;  
(b)  a more recent version of the same standard or of a standard replacing that 
standard, provided that that more recent version or standard  is listed in the 
Official Journal of the European Union  as harmonised standard under 
Directive (EU) 2016/797 and that An nex Z A or ZZ  to that more recent version 
or standard confirms that it provides presumption of conformity to this TSI in 
relation with the parameter under consideration.’ .  
EN 5  EN Article 5 
Amendment s to LOC&PAS TSI  
Regulation (EU) No  1302/2014 is amended as follow s: 
(1) the following Article 10a is inserted:  
‘Article 10a  
In order to keep up with developments in EN standards referred to in Appendix J -1 
of the Annex  to this Regulation , applicants are authorised to apply, for each standard 
referred to in Appendix J -1, either of the following versions : 
(a)  the version referred to in Appendix J -1;  
(b)  a more recent version of the same standard or of a standard replacing that 
standard, provided that that more recent version or standard  is listed in the 
Official Journal of the E uropean Union  as harmonised standard under 
Directive (EU) 2016/797 and that Annex Z A or ZZ  to that more recent version 
or standard confirms that it provides presumption of conformity to this TSI in 
relation with the parameter under consideration.’ ; 
(2) in the second subparagraph of Article 11 (1), the introductory phrase is replaced by 
the following:  
‘They shall however continue to apply, without prejudice to clause s 7.1.1.4 to 7.1.1.8 
of the Annex, to:’ ; 
(3) the Annex is amended in accordance with Annex II to t his Regulation.  
Article 6 
Amendment to SRT TSI  
In Regulation (EU) No  1303/2014 , the following Article 8a is inserted : 
‘Article 8a  
In order to keep up with developments in EN standards referred to in Appendix A of 
the Annex  to this Regulation , applicants ar e authorised to apply, for each standard 
referred to  in Appendix A , either of the following versions :  
(a)  the version referred to in Appendix A ;  
(b) a more recent version of the same standard or of a standard replacing that 
standard, provided that that more rec ent version or standard  is listed in the 
Official Journal of the European Union  as harmonised standard under 
Directive (EU) 2016/797 and that Annex Z A or ZZ  to that more recent version 
or standard confirms that it provides presumption of conformity to this  TSI in 
relation with the parameter under consideration.’ .  
EN 6  EN Article 7  
Amendment to NOI TSI  
In Regulation (EU) No  1304/2014 , the following Article 8a is inserted : 
‘Article 8a  
In order to keep up with developments in EN standards referred  to  in Appendix B of 
the Annex  to this Regulation , applicants are authorised to apply, for each standard 
referred to  in Appendix B , either of the following versions :  
(a)  the version referred to in Appendix B ;  
(b)  a more recent version of the same standard or of a  standard replacing that 
standard, provided that that more recent version or standard  is listed in the 
Official Journal of the European Union  as harmonised standard under 
Directive (EU) 2016/797 and that Annex Z A or ZZ  to that more recent version 
or standa rd confirms that it provides presumption of conformity to this TSI in 
relation with the parameter under consideration.’ . 
Article 8 
Amendment s to CCS TSI  
 Regulation (EU) 2016/919  is amended as follows:  
(1) the following Article 10a is inserted:  
‘Article 10a  
New harmonised standards  
In order to keep up with developments in EN standards referred to  in Tables A  3 and 
A 4 of Annex  A to this Regulation , applicants are authorised to apply, for each 
standard referred to  in Tables A  3 and A  4 of Annex A , either of th e following 
versions : 
(a) the version referred to in the Tables A  3 and A  4 of Annex A ;  
(b)  a more recent version of the same standard or of a standard replacing that 
standard, provided that that more recent version or standard  is listed in the 
Official Journal of the European Union  as harmonised standard under 
Directive (EU) 2016/797 and that Annex Z A or ZZ  to that more recent version 
or standard confirms that it provides presumption of conformity to this TSI in 
relation with the parameter under consideration.’ ; 
(2) the Annex is amended in accordance with Annex III to this Regulation.  
Article 9 
Entry into force  
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.   
EN 7  EN Done at Brussels,  
 For the Commission  
 The President  
 […]