LegalizeCommission 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
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
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 and upgraded in accordance with section 7.2.2 of the Annex to this Regulation;
(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;
(c) with regards to the marking ‘GE’ as depicted in point 5 of Appendix C of the Annex, wagons of the existing fleet which have been authorised in accordance with Commission Decision 2006/861/EC as amended by Decision 2009/107/EC or with Decision 2006/861/EC as amended by Decisions 2009/107/EC and 2012/464/EU and meeting the conditions set out in point 7.6.4 of Decision 2009/107/EC may receive this marking ‘GE’ without any additional third party assessment or new authorisation for placing on the market. The use of this marking in wagons in operation remains under the responsibility of the railway undertakings;
(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.
The detailed technical scope of this Regulation is set out in Chapter 2 of the Annex.
Article 4
Not used.
Article 5
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 designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.3 of the Annex.
Article 6
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
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 19 of Directive (EU) 2016/798 of the European Parliament and of the Council (2).
Article 8a
Notwithstanding the provisions in Section 6.3 of the Annex, an EC certificate of verification may be issued for a subsystem containing components corresponding to the ‘friction element for wheel tread brakes’ interoperability constituent that does not have an EC declaration of conformity during a transition period ending on 1 January 2024, if the following conditions are met:
(a) the component was manufactured before the date of application of this Regulation; and
(b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the date of application of this Regulation.
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 for the subsystem referred to in paragraph 1; and
(b) national safety authorities shall report in their annual report, as referred to in Article 19 of Directive (EU) 2016/798, on the use of non-certified ‘friction element for wheel tread brakes’ interoperability constituents in the context of authorisation procedures.
Article 8b
Article 8c
Notwithstanding the provisions in Section 6.3 of the Annex, an EC certificate of verification may be issued for a subsystem containing components corresponding to the ‘friction element for wheel tread brakes’ interoperability constituent that does not have an EC declaration of conformity during a transition period of 10 years after the expiry of the approval period of the interoperability constituent, if the following conditions are met:
(a) the component was manufactured before the expiry of the approval period of the interoperability constituent; and
(b) the interoperability constituent has been used in a subsystem that had been approved and placed on the market in at least one Member State before the expiry of its approval period.
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 for the subsystem referred to in paragraph 1; and
(b) the national safety authorities shall report in their annual report, as referred to in Article 19 of Directive (EU) 2016/798, on the use of non-certified ‘friction element for wheel tread brakes’ interoperability constituents in the context of authorisation procedures.
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 ending on 1 January 2017.
Article 10
Article 10a
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.
ANNEX
Technical specification for interoperability for the ‘rolling stock — wagons’ subsystem
1. INTRODUCTION
A Technical Specification for Interoperability (TSI) is a specification that covers a subsystem (or part of it) as defined in Article 2(11) of Directive (EU) 2016/797 in order:
— to ensure the interoperability of the rail system, and
— to meet the essential requirements.
See Article 2 of this Regulation.
This Regulation applies to the Union rail system.
In accordance with Article 4(3) of Directive (EU) 2016/797, this TSI:
(a) covers the ‘rolling stock-freight wagons’ subsystem;
(b) lays down essential requirements for the part of the rolling stock subsystem concerned and for its interfaces vis-à-vis other subsystems (Chapter 3);
(c) establishes the functional and technical specifications to be met by the subsystem and its interfaces vis-à-vis other subsystems (Chapter 4).
(d) determines the interoperability constituents and interfaces which must be covered by European specifications, including European standards, which are necessary to achieve interoperability within the rail system (Chapter 5);
(e) states, in each case under consideration, which procedures are to be used in order to assess the conformity or the suitability for use of the interoperability constituents and the ‘EC’ verification of the subsystems (Chapter 6);
(f) indicates the strategy for implementing the TSIs (Chapter 7);
(g) indicates, for the staff concerned, the professional qualifications and health and safety conditions at work that are required for the operation and maintenance of the above subsystem, as well as for the implementation of this TSI (Chapter 4).
2. SCOPE AND DEFINITION OF SUBSYSTEM
This TSI is applicable to ‘freight wagons including vehicles designed to carry lorries’ as referred to in Annex I Section 2 to Directive (EU) 2016/797 taking into account the limitations as set out in Article 2. In the following this part of the subsystem rolling stock is called ‘freight wagon’ and belongs to the subsystem ‘rolling stock’ as set out in Annex II to Directive 2016/797/EC.
The other vehicles listed in Section 2 of Annex I to Directive (EU) 2016/797 are excluded from the scope of this TSI; this is especially the case for:
(a) special vehicles;
(b) vehicles designed to carry: — motor vehicles with their passengers on board, or — motor vehicles without passengers on board but intended to be integrated in passenger trains (car carriers);
(c) vehicles which — increase their length in loaded configuration, and — their payload itself is part of the vehicle structure.
Note: See also section 7.1 for particular cases.
In the present TSI the following definitions are used:
(a) A ‘unit’ is the generic term used to name the rolling stock. It is subject to the application of this TSI, and therefore subject to the EC verification procedure. A unit can consist of: — a ‘wagon’ that can be operated separately, featuring an individual frame mounted on its own set of wheels, or — a rake of permanently connected ‘elements’, those elements cannot be operated separately, or — ‘separate rail bogies connected to compatible road vehicle(s)’ the combination of which forms a rake of a rail compatible system.
(b) A ‘train’ is an operational formation consisting of several units.
(c) The ‘design operating state’ covers all conditions under which the unit is intended to operate and its technical boundaries. This design operating state may go beyond the specifications of this TSI in order that units may be used together in a train on the network under the safety management system of a railway undertaking.
(d) ‘RID’: Regulations concerning the International Carriage of Dangerous Goods by Rail, as defined in Article 2, point (2), of Directive 2008/68/EC of the European Parliament and of the Council (3).
3. ESSENTIAL REQUIREMENTS
Article 3 (1) of Directive (EU) 2016/797 provides that the rail system, its subsystems and their interoperability constituents are to meet the relevant essential requirements. The essential requirements are set out in general terms in Annex III to that Directive. Table 1 of this Annex indicates the basic parameters specified in this TSI and their correspondence to the essential requirements as explained in Annex III to Directive (EU) 2016/797.
| Point | Basic parameter | Essential requirements | ||||
|---|---|---|---|---|---|---|
| Safety | Reliability and availability | Health | Environment protection | Technical compatibility | ||
| 4.2.2.1.1 | End coupling | 1.1.1, 1.1.3, 1.1.5, 2.4.1 | ||||
| 4.2.2.1.2 | Inner coupling | 1.1.1, 1.1.3, 2.4.1 | ||||
| 4.2.2.2 | Strength of unit | 1.1.1, 1.1.3, 2.4.1 | ||||
| 4.2.2.3 | Integrity of the unit | 1.1.1 | ||||
| 4.2.2.4.1 | Devices to secure semi-trailers – strength | 1.1.1 1.1.3 | ||||
| 4.2.2.4.2 | Devices to secure semi-trailers – locking force | 1.1.1 1.1.3 | ||||
| 4.2.2.4.3 | Devices to secure semi-trailers – indication | 1.1.1 1.1.3 | ||||
| 4.2.2.4.4 | Marking on the unit | 1.1.1 1.1.3 | ||||
| 4.2.3.1 | Gauging | 1.1.1 | 2.4.3 | |||
| 4.2.3.2 | Compatibility with load carrying capacity of lines | 1.1.1 | 2.4.3 | |||
| 4.2.3.3 | Compatibility with train detection systems | 1.1.1 | 2.4.3 | |||
| 4.2.3.4 | Axle bearing condition monitoring | 1.1.1 | 1.2 | 2.4.3 | ||
| 4.2.3.5.1 | Safety against derailment running on twisted track | 1.1.1, 1.1.2, 2.4.1 | 2.4.3 | |||
| 4.2.3.5.2 | Running dynamic behaviour | 1.1.1 1.1.2 | 2.4.3 | |||
| 4.2.3.5.3 | Derailment detection and prevention function | 1.1.1 1.1.2 | 2.4.3 | |||
| 4.2.3.6.1 | Structural design of bogie frame | 1.1.1, 1.1.2, 1.1.3 | ||||
| 4.2.3.6.2 | Characteristics of wheelsets | 1.1.1, 1.1.2, 1.1.3 | 2.4.3 | |||
| 4.2.3.6.3 | Characteristics of wheels | 1.1.1, 1.1.2, 1.1.3 | 2.4.3 | |||
| 4.2.3.6.4 | Characteristics of axles | 1.1.1, 1.1.2, 1.1.3 | ||||
| 4.2.3.6.5 | Axle box/bearings | 1.1.1, 1.1.2, 1.1.3 | ||||
| 4.2.3.6.6 | Automatic variable gauge systems | 1.1.1, 1.1.2, 1.1.3 | 1.2 | 1.5 | ||
| 4.2.3.6.7 | Running gear for manual change of wheelsets | 1.1.1, 1.1.2, 1.1.3 | ||||
| 4.2.4.2 | Brake — Safety requirements | 1.1.1, 1.1.3 | 1.2 2.4.2 | |||
| 4.2.4.3.1 | Brake — General functional requirements | 1.1.1 2.4.1 | 2.4.2 | |||
| 4.2.4.3.2.1 | Brake performance — In-service brake | 1.1.1, 1.1.2 2.4.1 | 2.4.2 | 1.5 | ||
| 4.2.4.3.2.2 | Brake performance — Parking brake | 2.4.1 | 2.4.3 | |||
| 4.2.4.3.3 | Brake — Thermal capacity | 1.1.1, 1.1.3 2.4.1 | 2.4.3 | |||
| 4.2.4.3.4 | Brake — Wheel slide protection (WSP) | 2.4.1 | 2.4.2 | |||
| 4.2.4.3.5 | Friction elements for wheel tread brakes | 1.1.1, 1.1.2, 1.1.3, 2.4.1 | 2.4.3 | |||
| 4.2.5 | Environmental conditions | 1.1.1 1.1.2 | 2.4.3 | |||
| 4.2.6.1 | Fire safety | 1.1.1 1.1.4 | ||||
| 4.2.6.1.2.1 | Fire safety Barriers and spark arresters | 1.1.4 | 1.3.2 | 1.4.2 | ||
| 4.2.6.1.2.2 | Fire safety Materials | 1.1.4 | 1.3.2 | 1.4.2 | ||
| 4.2.6.1.2.3 | Fire safety Cables | 1.1.4 1.1.5 | 1.3.2 | 1.4.2 | ||
| 4.2.6.1.2.4 | Fire safety — Flammable liquids | 1.1.4 | 1.3.2 | 1.4.2 | ||
| 4.2.6.2 | Protection against electric hazard | 1.1.5 2.4.1 | ||||
| 4.2.6.3 | Attachment device for rear-end signal | 1.1.1 | ||||
| 4.2.7 | Specific requirements for wagons in the scope of Chapter 7.1 of RID | 1.1.1 1.1.3 1.1.4 | ||||
The essential requirements 1.3.1, 1.4.1, 1.4.3, 1.4.4 and 1.4.5 of Annex III to Directive (EU) 2016/797 fall under the scope of other Union legislation.
4. CHARACTERISATION OF THE SUBSYSTEM
The rail system, to which Directive (EU) 2016/797 applies and of which freight wagons form a part, is an integrated system whose consistency shall be verified. This consistency shall be checked in particular with regard to the specifications of the rolling stock subsystem and the compatibility with the network (Section 4.2), its interfaces in relation to the other subsystems of the rail system in which it is integrated (Sections 4.2 and 4.3), as well as the initial operating and maintenance rules (Sections 4.4 and 4.5) as requested by Article 15(4) of Directive (EU) 2016/797.
The technical file, as set out in Article 15(4) of Directive (EU) 2016/797 and in point 2.4 of Annex IV to that Directive, shall contain in particular design related values concerning the compatibility with the network.
In light of the essential requirements in Chapter 3, the functional and technical specifications of the subsystem ‘rolling stock — freight wagons’ are grouped and sorted out in the following points of this Chapter:
— Structures and mechanical parts
— Gauging and vehicle track interaction
— Brake
— Environmental conditions
— System protection.
Except where this is strictly necessary for the interoperability of the rail system and to meet the relevant essential requirements, the functional and technical specifications of the freight wagon and its interfaces do not impose the use of any particular technical solutions.
Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.