LegalizeDirective 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 (Recast) (Text with EEA relevance)
- 2.5.4. The notified body shall be able to monitor a subsystem on which an interoperability constituent is mounted in order to assess, where required by the corresponding TSI, its suitability for use in its intended railway environment.
2.6. Submission
A copy of the technical file accompanying the EC declaration of verification must be kept by the manufacturer or contracting entity (i.e. by the applicant in the meaning of Article 18) throughout the service life of the subsystem. It must be sent to any Member State which so requests.
The documentation submitted for an application for an authorisation for placing in service shall be submitted to the national safety authority of the Member State where the authorisation is sought. The national safety authority may request that part(s) of the documents submitted together with the authorisation is/are translated into its own language.
2.7. Publication
Each notified body must periodically publish relevant information concerning:
- (a)requests for verification and ISV received,
- (b)request for assessment of conformity and suitability for use of ICs,
- (c)ISV issued or refused,
- (d)certificates of conformity and ‘EC’ certificates for suitability for use issued or refused,
- (e)certificates of verification issued or refused.
2.8. Language
The files and correspondence relating to the ‘EC’ verification procedure must be written in a Union official language of the Member State in which the contracting entity or manufacturers (i.e. the applicant in the meaning of Article 18) is established or in a Union official language accepted by the contracting entity or manufacturers (i.e. the applicant in the meaning of Article 18).
3. CERTIFICATE OF VERIFICATION ISSUED BY A DESIGNATED BODY
3.1. Introduction
In the case where national rules apply, the verification shall include a procedure whereby the body designated pursuant to Article 17(3), third subparagraph, (the designated body) checks and certifies that the subsystem complies with the national rules notified in accordance with Article 17(3) for each Member State in which the subsystem is intended to be authorised to be placed in service.
3.2. Certificate of verification
The designated body draws up the certificate of verification intended for the contracting entity or manufacturers (i.e. the applicant in the meaning of Article 18).
The certificate shall contain a precise reference to the national rule(s) whose conformity has been examined by the designated body in the verification process.
In the case of national rules related to the subsystems composing a vehicle, the designated body shall divide the certificate into two parts, one part including the references to those national rules strictly related to the technical compatibility between the vehicle and the network concerned, and the other part for all other national rules.
3.3. Technical file
The technical file compiled by the designated body and accompanying the certificate of verification in the case of national rules must be included in the technical file accompanying the ‘EC’ declaration of verification referred to in point 2.4 and shall contain the technical data relevant for the assessment of the conformity of the subsystem with those national rules.
3.4. Language
The files and correspondence relating to the ‘EC’ verification procedure must be written in a Union official language of the Member State in which the contracting entity or manufacturers (i.e. the applicant in the meaning of Article 18) is established or in a Union official language accepted by the contracting entity or manufacturers (i.e. the applicant in the meaning of Article 18).
4. VERIFICATION OF PARTS OF SUBSYSTEMS IN ACCORDANCE WITH ARTICLE 18(5)
If a certificate of verification is to be issued for certain parts of a subsystem, provisions for this Annex shall apply mutatis mutandis for those parts.
ANNEX VII
PARAMETERS TO BE CHECKED IN CONJUNCTION WITH THE PLACING IN SERVICE OF NON-TSI CONFORM VEHICLES AND THE CLASSIFICATION OF THE NATIONAL RULES
1. List of parameters
- 1.1.General documentation General documentation (including description of new, renewed or upgraded vehicle and its intended use, design, repair, operation and maintenance information, technical file, etc.)
- 1.2.Structure and mechanical parts Mechanical integrity and interface between vehicles (including draw and buffer gear, gangways), strength of vehicle structure and fittings (e.g. seats), loading capability, passive safety (including interior and exterior crashworthiness)
- 1.3.Track interaction and gauging Mechanical interfaces to the infrastructure (including static and dynamic behaviour, clearances and fits, gauge, running gear, etc.)
- 1.4.Braking equipment Braking-related items (including wheel-slide protection, braking control, and braking performance in service, emergency and parking modes)
- 1.5.Passenger-related items Passenger facilities and passenger environment (including passenger windows and doors, requirements for persons with reduced mobility, etc.)
- 1.6.Environmental conditions and aerodynamic effects Impact of the environment on the vehicle and impact of the vehicle on the environment (including aerodynamic conditions and both the interface between the vehicle and the trackside part of the railway system and the interface with the external environment)
- 1.7.External warning, marking, functions and software integrity requirements External warnings, markings, functions and integrity of software, e.g. safety-related functions with an impact on train behaviour including train bus
- 1.8.Onboard power supply and control systems Onboard propulsion, power and control systems, plus the interface of the vehicle with the power supply infrastructure and all aspects of electromagnetic compatibility
- 1.9.Staff facilities, interfaces and environment Onboard facilities, interfaces, working conditions and environment for staff (including drivers cabs, driver machine interface)
- 1.10.Fire safety and evacuation
- 1.11.Servicing Onboard facilities and interfaces for servicing
- 1.12.Onboard control, command and signalling All the onboard equipment necessary to ensure safety and to command and control movements of trains authorised to travel on the network and its effects on the trackside part of the railway system
- 1.13.Specific operational requirements Specific operational requirements for vehicles (including degraded mode, vehicle recovery etc.)
- 1.14.Freight related items Freight-specific requirements and environment (including facilities specifically required for dangerous goods)
Explanations and examples in italics above are for information only and are not definitions of the parameters.
2. Classification of the rules
The national rules relating to the parameters identified in section 1 shall be attributed to one of the following three groups. Rules and restrictions of a strictly local nature are not involved; their verification involves checks to be put in place by mutual agreement between the railway undertakings and the infrastructure managers.
Group A
Group A covers:
- —international standards,
- —national rules deemed to be equivalent, in railway safety terms, to national rules of other Member States.
Group B
Group B covers all rules that do not fall within the scope of Group A or Group C, or that it has not yet been possible to classify in one of these groups.
Group C
Group C covers rules that are strictly necessary and are associated with technical infrastructure characteristics, in order to ensure safe and interoperable use in the network concerned (e.g. the loading gauge).
ANNEX VIII
MINIMUM CRITERIA WHICH MUST BE TAKEN INTO ACCOUNT BY THE MEMBER STATES WHEN NOTIFYING BODIES
- 1.The body, its Director and the staff responsible for carrying out the checking operations may not become involved either directly or as authorised representatives in the design, manufacture, construction, marketing or maintenance of the interoperability constituents or subsystems or in their use. This does not exclude the possibility of an exchange of technical information between the manufacturer and that body.
- 2.The body and the staff responsible for the checks must carry out the checks with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive, in particular of a financial type, which could affect their judgement or the results of their inspection, in particular from persons or groups of persons affected by the results of the checks. In particular, the body and the staff responsible for the checks must be functionally independent of the authorities designated to issue authorisations for placing in service in the framework of this Directive, licences in the framework of Directive 95/18/EC and safety certificates in the framework of Directive 2004/49/EC, and of the bodies in charge of investigations in the event of accidents.
- 3.The body must employ staff and possess the means required to perform adequately the technical and administrative tasks linked with the checks; it should also have access to the equipment needed for exceptional checks.
- 4.The staff responsible for the checks must possess: —proper technical and vocational training, —a satisfactory knowledge of the requirements relating to the checks that they carry out and sufficient practice in those checks, —the ability to draw up the certificates, records and reports which constitute the formal record of the inspections conducted.
- 5.The independence of the staff responsible for inspections must be guaranteed. No official must be remunerated either on the basis of the number of inspections performed or of the results of those inspections.
- 6.The body must take out civil liability insurance unless that liability is covered by the State under national law or unless the checks are carried out directly by that Member State.
- 7.The staff of the body are bound by professional secrecy with regard to everything they learn in the performance of their duties (with the exception of the competent administrative authorities and accident investigation bodies in the State where they perform those activities as well as accident investigation bodies responsible for the investigation of accidents caused by the failure of the interoperability constituents or subsystems checked) in pursuance of this Directive or any provision of national law implementing the Directive.
ANNEX IX
FILE FOR SUBMITTING A DEROGATION
When submitting a request for a derogation, Member States must supply the following documents:
- (a)A formal letter communicating the proposed derogation to the Commission.
- (b)A file, annexed to the letter, comprising at least: —a description of the work, goods and services subject to the derogation, specifying the key dates, the geographical location and the operational and technical area, —a precise reference to the TSIs (or their parts) for which a derogation is requested, —a precise reference to and details of the alternative provisions which will be applied, —for requests made under Article 7(1)(a), justification of the advanced stage of development of the project, —justification of the derogation, including the main reasons of a technical, economic, commercial, operational and/or administrative nature, —any other information justifying the request for a derogation, —a description of the measures that the Member State proposes to take in order to promote the final interoperability of the project. In the case of a minor derogation, this description is not required.
Documentation must be supplied in paper form and as electronic files, so that it can be distributed among the members of the Committee.
ANNEX X
PART A
Directives repealed
(referred to in Article 40)
| Directive 96/48/EC | |
| Directive 2001/16/EC | |
| Directive 2004/49/EC | Only Article 14 |
PART B
Time limits for transposition into national law
(referred to in Article 40)
| Directive | Deadline for transposition |
|---|---|
| 96/48/EC | 9 April 1999 |
| 2001/16/EC | 20 April 2003 |
| 2004/49/EC | 30 April 2006 |
ANNEX XI
CORRELATION TABLE
| Directive 96/48/EC | Directive 2001/16/EC | This Directive |
|---|---|---|
| Article 1(1) | Article 1(1) | Article 1(1) |
| Article 1(2) | Article 1(2) | Article 1(2) |
| — | — | Article 1(3) |
| — | Article 1(3) | Article 1(4) |
| Article 2, introductory wording | Article 2, introductory wording | Article 2, introductory wording |
| Article 2(a) to (l) | Article 2(a) to (l) | Article 2(a) to (b) and (e) to (m) |
| — | — | Article 2(c) and (d) |
| Article 2(n) | Article 2(m) | Article 2(n) |
| Article 2(o) | Article 2(n) | Article 2(o) |
| Article 2(m) | Article 2(o) | Article 2(p) |
| Article 2(p) | Article 2(p) | Article 2(q) |
| — | — | Article 2(r) to (z) |
| Articles 3, 4 and 5 | Articles 3, 4 and 5 | Articles 3, 4 and 5(1) to (5) |
| Article 5(6) | Article 5(7) | Article 5(7) |
| — | — | Article 5(6) |
| — | — | Article 5(8) |
| Article 6(1) to (8) | Article 6(1) to (8) | Article 6(1) to (8) |
| — | — | Article 6(9) to (10) |
| — | — | Articles 7 and 8 |
| Article 7 | Article 7 | Article 9 |
| Article 8 | Article 8 | Article 10(1) |
| Article 9 | Article 9 | Article 10(2) |
| Article 10(1) to (3) | Article 10(1) to (3) | Article 11(1) to (3) |
| — | Article 10(6) | Article 11(4) |
| — | — | Article 11(5) |
| Articles 11 to 13 | Articles 11 to 13 | Articles 12 to 14 |
| Article 14(1) and (2) | Article 14(1) and (2) | Article 15(1) and (2) |
| Article 14(3) | Article 14(3) | Article 20 |
| Article 14(4) and (5) | Article 14(4) and (5) | Article 33 |
| — | — | Article 15(2) and (3) |
| Articles 15 and 16 | Articles 15 and 16 | Articles 16 and 17 |
| Article 16(3) | Article 16(3) | Article 17(3) |
| — | — | — |
| Article 18(1) to (3) | Article 18(1) to (3) | Article 18(1) to (3) |
| — | — | Article 18(4) and (5) |
| Article 19 | Article 19 | Article 19 |
| Article 20 | Article 20 | Article 28 |
| — | — | Articles 21 to 27 |
| Article 21(1) to (3) | Article 21(1) to (3) | Article 29(1) to (3) |
| — | — | Article 29(4) and (5) |
| — | — | — |
| Article 21a(1) | Article 22 | Article 30(2) |
| Article 21(4) | 21(4) | Article 30(4) |
| Article 21a(2) | Article 21a | Article 30(1) |
| Article 21b | — | — |
| Article 21c | Article 21b | Article 30(3) |
| Article 22 | Article 26 | Article 37 |
| Article 22a | Article 24 | Articles 34 and 35 |
| — | — | Article 32 |
| — | Article 23 | Article 31 |
| — | Article 25 | Article 36 |
| Article 23 | Article 27 | Article 38 |
| Article 24 | Article 28 | Article 39 |
| — | — | Article 40 |
| Article 25 | Article 29 | Article 41 |
| Article 26 | Article 30 | Article 42 |
| Annexes I to VI | Annexes I to VI | Annexes I to VI |
| — | — | Annex VII |
| Annex VII | Annex VII | Annex VIII |
| — | — | Annexes IX to XI |
[^E0001]: OJ C 256, 27.10.2007, p. 39.
[^E0002]: Position of the European Parliament of 11 December 2007 and Council Decision of 14 May 2008.
[^E0003]: OJ L 235, 17.9.1996, p. 6. Directive as last amended by Commission Directive 2007/32/EC (OJ L 141, 2.6.2007, p. 63).
[^E0004]: OJ L 110, 20.4.2001, p. 1. Directive as last amended by Directive 2007/32/EC.
[^E0005]: Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system (OJ L 164, 30.4.2004, p. 114. Corrected by OJ L 220, 21.6.2004, p. 40).
[^E0006]: OJ L 75, 15.3.2001, p. 1.
[^E0007]: OJ L 75, 15.3.2001, p. 26.
[^E0008]: OJ L 75, 15.3.2001, p. 29. Directive as last amended by Directive 2007/58/EC (OJ L 315, 3.12.2007, p. 44).
[^E0009]: OJ L 228, 9.9.1996, p. 1. Decision as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
[^E0010]: OJ L 237, 24.8.1991, p. 25. Directive as last amended by Directive 2007/58/EC.
[^E0011]: Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.4.2004, p. 1). Directive as last amended by Commission Regulation (EC) No 213/2008 (OJ L 74, 15.3.2008, p. 1).
[^E0012]: Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives (OJ L 220, 30.8.1993, p. 23).
[^E0013]: OJ L 164, 30.4.2004, p. 44. Corrected by OJ L 220, 21.6.2004, p. 16.
[^E0014]: OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
[^E0015]: OJ C 321, 31.12.2003, p. 1.
[^E0016]: OJ L 204, 21.7.1998, p. 37. Directive as last amended by Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).
[^E0017]: OJ L 164, 30.4.2004, p. 1. Corrected by OJ L 220, 21.6.2004, p. 3.
[^E0018]: OJ L 225, 12.8.1998, p. 27. Decision as last amended by Regulation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).
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