CELEX: 
Language: en
Date: 2020-03-09 00:00:00
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Commission Regulations (EU) No 321/2013, (EU) No 1302/2014 and (EU) 2016/919 as regards the extension of the area of use and transition phases

EUROPEAN
                       COMMISSION
                                                Brussels, 9.3.2020
                                                C(2020) 1272 final
          COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                    of 9.3.2020
   amending Commission Regulations (EU) No 321/2013, (EU) No 1302/2014 and
   (EU) 2016/919 as regards the extension of the area of use and transition phases
                             (Text with EEA relevance)
EN                                                                                 EN
 ---pagebreak---                      COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                                       of 9.3.2020
           amending Commission Regulations (EU) No 321/2013, (EU) No 1302/2014 and
          (EU) 2016/919 as regards the extension of the area of use and transition phases
                                              (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 interoperability 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 accordance with Article 21 of that Directive before they can be
             operated on one or more networks which are not already 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 harmonisation 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 to set out which level of flexibility could be
             granted in case of extension of the area of use of vehicles placed in service before
             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. The provision related to “extension of area of use”
             also covers the case of vehicles needing modifications to ensure technical
             compatibility with the new network(s); in such case, the unchanged parts of the
             vehicle remain validated under the previous authorisation. Restrictions and limitations
   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
       Commission 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).
EN                                                            1                                                       EN
 ---pagebreak---        of previous authorisation continue to apply. For the same reasons, such clarification
       should also be provided for Commission Regulation (EU) 2016/9194.
   (2) There are divergent approaches amongst notified bodies and authorising entities in the
       rail sector with regards to the application of the different transitional provisions set
       out in clauses 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 divergent 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. In addition to this, further harmonisation reducing the divergences
       from the target system are essential to reduce the cost of railways and ensure their
       interoperability and competitiveness. The provisions listed above should thus be
       amended to avoid divergent application of those transition provisions and validity
       periods of certificates, while future transition periods should focus on specific
       requirements with high impact on ongoing projects instead of providing generic
       exemptions, in a way that will lead to timely reduction of the divergences from the
       target system while providing the predictability and legal certainty necessary to the
       sector. This should be achieved in the framework of the Digital rail and Green freight
       TSI revision package (2022 revision) for which the Commission sent a request to the
       European Union Agency for Railways on 24 January 2020.
   (3) Furthermore, Member States and the sector have identified some technical and
       editorial errors in some of these regulations, and the Slovak Republik has identified
       that the general specific case set out in section 7.3.2.1 of the Annex to Commission
       Regulations (EU) No 321/2013 (WAG TSI) should also apply to its 1 520 mm track
       gauge network. These errors should be corrected.
   (4) Under Decision (EU) 2017/1474, TSIs should indicate whether it is necessary to re-
       notify the conformity assessment bodies that were notified on the basis of a previous
       version of the TSI and whether a simplified notification process should be applied.
       This Regulation brings about limited changes and it should not be necessary to re-
       notify bodies notified on the basis of a previous version of the TSIs.
   (5) This Regulation amends TSIs so as to further achieve interoperability within the Union
       rail system, improve and develop international rail transport, contribute to the
       progressive creation of the internal market and complement TSIs in view of covering
       essential requirements. It enables to achieve the objectives and to meet the essential
       requirements of Directive 2008/57/EC of the European Parliament and of the Council5
       and Directive (EU) 2016/797. Therefore this Regulation should be directly applicable
       in all Member States including Member States which have notified the Agency and the
       Commission under Article 57(2) of Directive (EU) 2016/797 that they have extended
       the transposition period and thus continue to apply Directive 2008/57/EC until 15 June
       2020 at the latest. Notified Bodies exercising under Directive 2008/57/EC in the
       Member States that have extended the transposition period should be able to issue
       ‘EC’ certificate in accordance with this Regulation as long as Directive 2008/57/EC
       applies in the Member State where they are established.
   4
       Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification 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).
   5
       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 (OJ L 191, 18.7.2008, p. 1).
EN                                                      2                                                     EN
 ---pagebreak---    (6)   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:
                                               Article 1
                                      Amendments to WAG TSI
   Regulation (EU) No 321/2013 is amended as follows:
   (1)     Article 3 point (d) is added as follows:
           ‘(d) when the area of use is extended in accordance with art. 54(3) of Directive (EU)
           2016/797, provisions in Section 7.2.2.4 of the Annex to this Regulation shall apply;’
   (2)     the Annex is amended in accordance with Annex I to this Regulation.
                                               Article 2
                                    Amendments to LOC&PAS TSI
   Regulation (EU) No 1302/2014 is amended as follows:
   (1)     Article 3 paragraph 2 is amended as follows:
           ‘The TSI shall not apply to existing rolling stock of the rail system in the Union
           which is already placed in service on all or part of the network of any Member State
           on 1 January 2015, except when
           (a)   it is subject to renewal or upgrading in accordance with Section 7.1.2 of the
                 Annex to this Regulation or
           (b)   the area of use is extended in accordance with Article 54(3) of Directive (EU)
                 2016/797, in which case the provisions in Section 7.1.4 of the Annex to this
                 Regulation shall apply.’;
   (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 clauses 7.1.1.4 to 7.1.1.8
           of the Annex, to:’;
   (3)     the Annex is amended in accordance with Annex II to this Regulation.
                                               Article 3
                                      Amendments to CCS TSI
   Regulation (EU) 2016/919 is amended as follows:
   (1)     Article 2 paragraph 2 is amended as follows:
           ‘The TSI shall not apply to existing ‘trackside control-command and signalling’ and
           ‘on-board control-command and signalling’ subsystems of the rail system already
           placed in service on all or part of any Member State’s railway network on the day
           this Regulation enters into force, except when
           (a)   the subsystem is subject to renewal or upgrading in accordance with Section 7
                 of the Annex to this Regulation, or
EN                                                 3                                              EN
 ---pagebreak---              (b)   the area of use is extended in accordance with Article 54(3) of Directive (EU)
                   2016/797, in which case the provisions of Section 7.4.2.4 of the Annex to this
                   Regulation shall apply.’
   (2)       the Annex is amended in accordance with Annex III to this Regulation.
                                                 Article 4
                                      Conformity assessment bodies
   1.        Notifications of conformity assessment bodies for the purposes of Regulations (EU)
             No 321/2013, (EU) No 1302/2014 and (EU) 2016/919 shall remain valid on the basis
             of those Regulations, as amended by the present Regulation.
   2.        Conformity assessment bodies notified in accordance with Directive 2008/57/EC
             may issue ‘EC’ certificate of verification and ‘EC’ certificate of conformity or
             suitability for use of interoperability constituents in accordance with this Regulation
             as long as Directive 2008/57/EC applies in the Member State where they are
             established in accordance with Article 57(2) of Directive (EU) 2016/797 and until 15
             June 2020 at the latest.
                                                 Article 5
                                             Entry into force
   This Regulation shall enter into force on the 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, 9.3.2020
                                                   For the Commission
                                                   The President
                                                   Ursula VON DER LEYEN
EN                                                   4                                               EN
 ---documentbreak---                        EUROPEAN
                       COMMISSION
                                                Brussels, 9.3.2020
                                                C(2020) 1272 final
                                                ANNEXES 1 to 3
                                    ANNEXES
                                       to the
               COMMISSION IMPLEMENTING REGULATION
   amending Commission Regulations (EU) No 321/2013, (EU) No 1302/2014 and
   (EU) 2016/919 as regards the extension of the area of use and transition phases
EN                                                                                 EN
 ---pagebreak---                                               ANNEX I
   The Annex to Regulation (EU) No 321/2013 is amended as follows:
   (1)    in clause 4.2.2.2, the title ‘Strength of unit’ is added;
   (2)    in clause 6.1.2.2, the following paragraph is added between the first and the second
          paragraphs:
          ‘Alternative demonstration of conformity is allowed in accordance with point
          6.1.2.4a.’;
   (3)    in clause 6.1.2.3, the following paragraph is added before point (b):
          ‘Alternative demonstration of conformity is allowed in accordance with point
          6.1.2.4a.’;
   (4)    in clause 6.1.2.4, the following paragraph is added at the end of the clause:
          ‘Alternative demonstration of conformity is allowed in accordance with point
          6.1.2.4a.’;
   (5)    the following clause 6.1.2.4a is added between clause 6.1.2.4 and clause 6.1.2.5:
          ‘Where the EN standards referred to in points 6.1.2.2, 6.1.2.3 and 6.1.2.4 do not
          cover the proposed technical solution, it is permitted to use other standards to
          demonstrate conformity of the mechanical behaviour of the wheelset assembly, the
          mechanical characteristics of the wheels and the mechanical resistance and fatigue
          characteristics of the axle respectively; in that case the notified body shall verify that
          the alternative standards form part of a technically consistent set of standards
          applicable to the design, construction and testing of the wheelsets, containing
          specific requirements for wheelset, wheels and axles covering:
          –     wheelset assembly,
          –     mechanical resistance,
          –     fatigue characteristics,
          –     permissible stress limits,
          –     thermomechanical characteristics.
          Only standards that are publicly available can be referred to in the demonstration
          required above. 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.’;
   (6)    in clause 7.2.2.2, the three paragraphs directly following Table 11a are replaced by
          the following:
          ‘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 10 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.
EN                                                  1                                                EN
 ---pagebreak---              The validity period of the EC type or design examination certificate for the modified
             type, type variant or type version shall be limited to 10 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).’;
   (7)       in clause 7.2.2.2, the row ‘4.2.4.3.2.1 Service brake’ of table 11a is replaced by the
             following:
             “
                                                     Change of stopping
                                                   distance of more than ±
                                                             10%
                                                  Note: Brake weight
                                                  percentage (also called
                                                  ‘lambda’ or ‘braked
                                                  mass percentage’) or
                           Stopping distance      braked mass may also                 N/A
                                                  be used, and can be
                                                  derived (directly or via
                                                  stopping distance) from
       4.2.4.3.2.1
                                                  deceleration profiles by
     Service brake
                                                  a calculation.
                                                  The allowed change is
                                                  the same (± 10%)
                               Maximum
                          deceleration for the
                                                   Change of more than ±
                             load condition
                                                    10% on the maximum
                          ‘design mass under                                           N/A
                                                        average brake
                           normal payload at
                                                         deceleration
                             the maximum
                              design speed
             “;
   (8)       in clause 7.2.2.3, the first paragraph is replaced by the following:
             ‘The following rules apply, in addition to clause 7.2.2.2, to existing units with a first
             authorisation for placing in service before 1 January 2015, where the scope of the
             change has an impact on basic parameters not covered by the EC declaration’;
   (9)       in clause 7.2.2.3, the third paragraph is replaced by the following:
             ‘The particular rule set out in the above paragraph is not applicable in changes
             impacting the basic parameters and classified as 21(12)a set out in table 11b. For
             those changes, compliance with the TSI requirements is mandatory’;
   (10)      the following clause 7.2.2.4 is added:
EN                                                    2                                                EN
 ---pagebreak---    ‘7.2.2.4. Rules for the extension of the area of use for existing units 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 units that
         fulfil the following conditions when requesting an extension of their area of use
         in accordance with Article 21(13) of Directive (EU) 2016/797:
         1.     they have been authorised in accordance with Directive 2008/57/EC or
                put in operation before 19 July 2010;
         2.     they are registered with “Valid” registration code “00”, in the National
                Vehicle Register in accordance with Commission Decision
                2007/756/EC* or in the European Vehicle Register in accordance with
                Commission Implementing Decision (EU) 2018/1614** and maintained
                in a safe state of running in accordance with Commission Implementing
                Regulation (EU) 2019/779***.
         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 units referred to in point 1
         shall be based on the existing authorisation, if any, the technical compatibility
         between the unit 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 11a 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 Table 11a of this TSI, through one or a
         combination of the following:
         (a)    compliance with requirements of 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 unit is already
                authorised or in operation. Such evidence shall be provided by the
                applicant and may be based on the information in 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 applicant shall provide a positive
         assessment by an assessment body (CSM RA).
EN                                         3                                               EN
 ---pagebreak---         (4)   In addition to the requirements 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) 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, wagons used
              under Regolamento Internazionale Veicoli (RIV) 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, wagons accepted under the latest RIV agreement
              shall conserve the area of use in which they were operating without further
              checks on the unchanged parts.’
   (11) in clause 7.3.2.1, the first sentence is replaced by the following:
        ‘Units running between a Member State and a third country with a network with
        1520 mm track gauge: Specific case Finland, Poland, Slovak Republic and Sweden.’;
   (12) in clause 7.3.2.2(a), the last paragraph is replaced by the following:
        ‘Units mutually recognised in accordance with point 7.1.2 and units equipped with
        on-board axle bearing condition monitoring equipment are exempted from this
        specific case. The exemption of units in accordance with point 7.1.2 is not applicable
        when using other conformity assessment methods in accordance with
        point 6.1.2.4a.’;
   (13) in clause 7.3.2.5, the title is replaced by the following:
        ‘7.3.2.5. Characteristics of wheelsets, wheels and axles (points 4.2.3.6.2 and
        4.2.3.6.3.)
        Specific case UK for Great Britain’;
   (14) Clause 7.6.1, ‘Rules for extension of area of use for existing rolling stock not
        covered by an EC declaration of verification’ is replaced by:
EN                                                4                                               EN
 ---pagebreak---           ‘7.6.1. 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 I (WAG 2019 TSI) to Commission Implementing Regulation (EU)
          2019/7761.’;
   (15)   in Appendix C, ‘Additional optional conditions’, the following point is added at the
          end of the Appendix:
          ‘C. 20. Running dynamic behaviour:
          The combination of maximum operating speed and maximum admissible cant
          deficiency shall be as shown in Table H.1 of EN 14363:2016.
          Units equipped with established running gear as described in chapter 6 of
          EN 16235:2013 are presumed to be in conformity with this requirement.’;
          ___________
          *      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).
          **     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).
          *** 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 139 I, 27.5.2019, p. 360).’.
   1
        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)
EN                                                      5                                                   EN
 ---pagebreak--- EN 6 EN ---pagebreak---                                              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:
EN                                                7                                                EN
 ---pagebreak---    ‘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* or in the European Vehicle Register in accordance with
                Commission Implementing Decision (EU) 2018/1614** and maintained
                in a safe state of running in accordance with Commission Implementing
                Regulation (EU) 2019/779***.
   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
EN                                         8                                                 EN
 ---pagebreak---                    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.’
   (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
EN                                            9                                                  EN
 ---pagebreak---          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)
         2019/7762.’;
   (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.
   2
       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)
EN                                                    10                                                   EN
 ---pagebreak---         Dimensions in millimetres
        Key
        1     wagon end
        2     top of rail
        3     coupler plane
        Figure D.1 — Wagon interface with centre coupler
        Key
        Y     coupler force - coupler, in kN
        X     displacement, in mm
        Figure D.2 — Wagon coupler characteristic”;
   (10) In Appendix J-1, Index No 8 of the table is replaced by the following:
EN                                           11                                EN
 ---pagebreak---             “
                                                                               relevant cl.6
      Passive safety – general
                                                                               Except
                                                                               Annex A
                                                                               4-table 1
    8 Passive safety –                4.2.2.5      EN 15227:2008+A1:2010
      categorisation
                                                                               5-table 2, 6.
      Passive safety –
      scenarios
                                                                               6.5
      Passive safety – obstacle
      deflector
            “;
   (11)     In Appendix J-1, Index No 10 of the table is replaced by the following:
            “
                                                    EN 15877-2:2013             4.5.19
    10 Lifting and jacking -            4.2.2.6
        marking
            “;
   (12)     In Appendix J-1, Index No 36 of the table is replaced by the following:
            “
                                                    EN 15227:2008               relevant cl.6
    36 Environmental                   4.2.6.1.2
                                                    +A1:2010
        conditions – obstacle
        deflector
            “;
   (13)     In Appendix J-2, Index No 2 of the table is deleted.
            ___________
            *     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).
EN                                                12                                               EN
 ---pagebreak---    **  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).
   *** 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 139 I, 27.5.2019, p. 360).’.
EN                                    13                                                 EN
 ---pagebreak---                                                  ANNEX III
   The Annex to Regulation (EU) 2016/919 is amended as follows:
   (1)    the following clause 7.4.2.4 is added:
          ‘7.4.2.4 Rules for the extension of the area of use for existing vehicle
          The following rules apply to existing vehicles in operation and registered in the
          National Vehicle Register in accordance with Commission Decision 2007/756/EC*,
          or in the European Vehicle Register in accordance with Commission Implementing
          Decision (EU) 2018/1614**, when requesting an extension of the area of use:
          (1)     Vehicles shall comply with relevant special provisions applicable in the
                  specific cases referred to in clause 7.6 of this Annex and with relevant national
                  rules referred to in points (a), (c) and (d) of Article 13(2) of Directive (EU)
                  2016/797 notified in accordance with Article 14 of that Directive. In addition,
                  in cases of partial fulfilment of the requirements in this TSI, provisions in point
                  6.1.1.3(3) shall apply.
          (2)     Vehicles already equipped with ETCS or GSM-R do not need to be upgraded,
                  except where required for technical compatibility.
          (3)     Vehicles that are not already equipped with ETCS shall install ETCS and
                  comply with sets of specifications #2 or #3 referred to in Tables A 2.2 and A
                  2.3 of Annex A. Except where required for technical compatibility, the
                  requirement to be equipped with ETCS shall not apply to:
                  (a)    vehicles not specially designed for operation on high-speed lines3, if
                         authorised before 1 January 2015;
                  (b)    vehicles not specially designed for operation on high-speed lines,
                         authorised as of 1 January 2015, in either of the following situations:
                         (i)    if they are intended exclusively for operations in one Member State
                                outside the corridors specified in Annex I to Implementing
                                Regulation (EU) 2017/6 and outside the lines ensuring the
                                connections to the main European ports, marshalling yards, freight
                                terminals and freight transport areas as referred to in Annex II to
                                Regulation (EU) No 1315/2013; (ii)        if they are intended for
                                off-TEN cross-border service, namely service until the first station
                                in the neighbouring country or to the first station where there are
                                connections further in the neighbouring country utilising only lines
                                outside of the TEN;
                  (c)    vehicles in Member States applying Article 7.4.3 (2), where the area of
                         the use following the Extension of Area of Use is exclusively within the
                         same Member State, except when the area of use following the Extension
                         of Area of Use includes more than 150 km of a section equipped with
                         ETCS at the time of the Extension of Area of Use or to be equipped with
                         ETCS within 5 years after the Extension of the Area of Use of those
                         vehicles;
                  (d)    mobile railway infrastructure construction and maintenance equipment;
   3
         As set out in Annex I of Directive (EU) 2016/797
EN                                                    14                                              EN
 ---pagebreak---         (e)    shunting locomotives.
   (4)  Vehicles that are not yet equipped with GSM-R voice radio shall install GSM-
        R voice cab radio and comply with the specifications referred to in Tables
        A 2.1, A 2.2 and A 2.3 of Annex A when the vehicle is intended for use on a
        network including at least one point equipped with GSM-R, except if
        superimposed to a legacy radio communication system compatible with the
        class B already installed in the vehicle.
   (5)  Vehicles that are not yet equipped with GSM-R for ETCS data shall install
        GSM-R ETCS Data only Radio and comply with the specifications referred to
        in Tables A 2.1, A 2.2 and A 2.3 of Annex A when the vehicle is required to
        install ETCS in accordance with point 3 and it is intended to operate in a
        network in the extended area of use that is equipped with only ETCS Level 2
        or 3.
   (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.’
   _____
   *    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).
   **   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).’.
EN                                       15                                               EN