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
(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 European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community, (1) and in particular Article 6(1) second subparagraph thereof,
Whereas:
(1)
Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (2) requires the European Railway Agency (the Agency) to ensure that the technical specifications for interoperability (TSIs) are adapted to technical progress, market trends and social requirements and to propose to the Commission the amendments to the TSIs which it considers necessary.
(2)
With Decision C(2010) 2576 of 29 April 2010, the Commission gave the Agency a mandate to develop and review the technical specifications for interoperability with a view to extending their scope to the European Union’s entire rail system. Under the terms of that mandate, the Agency was asked to extend the scope of the Technical Specification for Interoperability relating to the subsystem ‘rolling stock - freight wagons’ to the European Union’s entire rail system.
(3)
On 1 February 2012 the European Railway Agency submitted a recommendation on the revised Technical Specification for Interoperability (TSI) relating to the subsystem ‘rolling stock - freight wagons’.
(4)
The TSI on ‘rolling stock - freight wagons’ should not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the European Union’s rail system.
(5)
The TSI on rolling stock which is to be established by this Regulation does not cover all the essential requirements set out in Annex III to Directive 2008/57/EC. In accordance with Article 5(6) of Directive 2008/57/EC, the technical aspects that are not covered should be identified as open points.
(6)
In accordance with Article 17(3) of Directive 2008/57/EC, Member States are to notify to the Commission and other Member States the technical rules, the conformity assessment and verification procedures to be used in specific cases, and the bodies responsible for carrying out these procedures.
(7)
The TSI on ‘rolling stock - freight wagons’ should refer to Commission Decision 2010/713/EU 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 (3).
(8)
In accordance with Article 11(5) of Directive 2008/57/EC, the TSI on ‘rolling stock - freight wagons’ should allow, for a limited period of time, interoperability constituents to be incorporated into subsystems without certification, provided that certain conditions are met.
(9)
Commission Decision 2006/861/EC of 28 July 2006 concerning the technical specification of interoperability relating to the subsystem ‘rolling stock - freight wagons’ of the trans-European conventional rail system (4) should therefore be repealed.
(10)
The measures provided for in this Regulation 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
The technical specification for interoperability (TSI) relating to the ‘rolling stock - freight wagons’ subsystem of the entire European Union’s rail system, as set out in the Annex, is hereby adopted.
Article 2
1. The TSI shall apply to the ‘rolling stock - freight wagons’ subsystem as described in point 2.7 of Annex II to Directive 2008/57/EC.
2. The TSI shall apply to freight wagons with a maximum operating speed lower than or equal to 160 km/h and a maximum axle load lower than or equal to 25 t.
3. The TSI shall apply to freight wagons which are intended to be operated on one or more of the following nominal track gauges: 1 435 mm, 1 524 mm, 1 600 mm, and 1 668 mm. The TSI shall not apply to freight wagons operating mainly on the 1 520 mm track gauge, which may occasionally be operated on 1 524 mm track gauge.
Article 3
The TSI shall apply to all new freight wagon rolling stock of the European Union’s rail system, taking into account Section 7 of the Annex.
The TSI set out in the Annex shall also apply to existing freight wagon rolling stock:
(a)
when it is renewed or upgraded in accordance with Article 20 of Directive 2008/57/EC; or
(b)
with regard to specific provisions, such as the traceability of axles in point 4.2.3.6.4 and the maintenance plan in point 4.5.3.
The detailed technical scope of this Regulation is set out in Chapter 2 of the Annex.
Article 4
1. With regard to ‘open points’ set out in Appendix A of the TSI, the conditions to be complied with for the verification of interoperability pursuant to Article 17(2) of Directive 2008/57/EC shall be the applicable technical rules in use in the Member State which authorise the placing in service of the subsystem covered by this Regulation.
2. Within six months of the entry into force of this Regulation, each Member State shall send the other Member States and the Commission the following information, provided it has not already been sent to them under Decision 2006/861/EC:
(a)
the list of the applicable technical rules referred to in paragraph 1;
(b)
the conformity assessment and verification procedures to be carried out to apply those rules;
(c)
the bodies appointed to carry out those conformity-assessment and verification procedures.
Article 5
1. With regard to specific cases set out in Chapter 7 of the TSI, the conditions to be met for the verification of interoperability pursuant to Article 17(2) of Directive 2008/57/EC shall be the applicable technical rules in use in the Member State which authorise the placing in service of the subsystems covered by this Regulation.
2. Within six months of the entry into force of this Regulation, each Member State shall notify to the other Member States and to the Commission:
(a)
the applicable technical rules referred to in paragraph 1;
(b)
the conformity assessment and verification procedures to be carried out to apply the technical rules referred to in paragraph 1;
(c)
the bodies appointed to carry out the conformity assessment and verification procedures of the specific cases referred to in paragraph 1.
Article 6
1. Without prejudice to the agreements which have already been notified under Decision 2006/861/EC and shall not be notified again, Member States shall notify the Commission, within six months of the entry into force of this Regulation, any national, bilateral, multilateral or international agreements under which freight wagons, falling under the scope of this Regulation, are operated.
2. Member States shall forthwith notify the Commission any future agreements or modifications of existing agreements.
Article 7
In accordance with Article 9(3) of Directive 2008/57/EC, within one year of the entry into force of this Regulation, each Member State shall communicate to the Commission a list of projects being implemented within its territory and that are at an advanced stage of development.
Article 8
1. An EC certificate of verification for a subsystem that contains interoperability constituents which do not have an EC declaration of conformity or suitability for use may be issued during a transition period of ten years after the entry into force of this Regulation, provided the provisions set out in Section 6.3 of the Annex are met.
2. The production or upgrade/renewal of the subsystem using non-certified interoperability constituents shall be completed within the transition period set out in paragraph 1, including placing in service.
3. During the transition period set out in paragraph 1:
(a)
the reasons for non-certification of any interoperability constituents shall be properly identified in the verification procedure referred to in paragraph 1;
(b)
the national safety authorities shall report on the use of non-certified interoperability constituents in the context of authorisation procedures in their annual report referred to in Article 18 of Directive 2004/49/EC of the European Parliament and of the Council (5).
4. After a transition period of one year after the entry into force of this Regulation, newly produced interoperability constituents, which are not covered by the exceptions set out in Section 6.5 of the Annex, shall be covered by the required EC declaration of conformity and/or suitability for use.
Article 9
The declaration of verification and/or conformity to type of a new vehicle established in accordance with Decision 2006/861/EC shall be considered valid until the end of a transition period of three years after the entry into force of this Regulation.
Article 10
1. The Agency shall publish on its website the list of fully approved composite brake blocks for international transport referred to in Appendix G.
2. The Agency shall keep the list referred to in paragraph 1 up to date and inform the Commission of any changes to it. The Commission shall inform the Member States of any changes to the list through the Committee established in accordance with Article 29 of Directive 2008/57/EC.
Article 11
Decision 2006/861/EC is repealed with effect from 1 January 2014.
It shall continue to apply, however, to the maintenance of projects authorised in accordance with that Decision and, unless the applicant requests to apply this Regulation, to projects for new, renewed or upgraded subsystems which are at an advanced stage of development or are the subject of a contract which is being carried out on the date this Regulation is published.
Article 12
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2014. However, an authorisation for placing into service may be granted in application of the TSI as set out in the Annex to this Regulation, except its Section 7.1.2, before 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 March 2013.