Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ amending Decision 2008/232/EC and repealing Decision 2011/229/EU Text with EEA relevance

Article 1

This Regulation lays down the technical specification for interoperability (TSI) relating to the ‘rolling stock — noise’ subsystem of the rail system in the Union, as set out in the Annex.

Article 2

The TSI shall apply to the rolling stock which falls within the scope of Commission Regulation (EU) No 1302/2014 (¹) and Commission Regulation (EU) No 321/2013 (²).

Article 3

Within six months of the entry into force of this Regulation, Member States shall notify the Commission of all agreements containing requirements relating to noise emission limits, provided they were not already notified under Commission Decisions 2006/66/EC (³) or 2011/229/EU.

The agreements to be notified shall be:

(a) national agreements between the Member States and railway undertakings or infrastructure managers, agreed on either a permanent or a temporary basis and necessitated by the specific or local nature of the intended transport service;

(b) bilateral or multilateral agreements between railway undertakings, infrastructure managers or safety authorities which deliver significant levels of local or regional interoperability;

(c) international agreements between one or more Member States and at least one third country, or between railway undertakings or infrastructure managers of Member States and at least one railway undertaking or infrastructure manager of a third country which deliver significant levels of local or regional interoperability.

Article 4

The procedures for assessment of conformity, suitability for use and EC verification set out in Section 6 of the Annex to this Regulation shall be based on the modules defined in Commission Decision 2010/713/EU (⁴).

Article 5

Within six months of the entry into force of this Regulation, each Member State shall inform the Commission and the Member States about:

(a) the technical rules referred to in paragraph 1;

(b) the conformity assessment and verification procedures to be carried out in application of the technical rules referred to in paragraph 1;

(c) the bodies designated to carry out the conformity assessment and verification procedures with respect to the national rules relating to the specific cases set out in point 7.3.2 of the Annex.

Article 5a

From 8 December 2024, wagons within the scope of Regulation (EU) No 321/2013 which are not covered by point 7.2.2.2 of the Annex to this Regulation shall not be operated on the quieter routes.

Article 5b

A ‘quieter route’ means a part of the railway infrastructure with a minimum length of 20 km on which the average number of daily operated freight trains during the night-time as defined in national legislation transposing Directive 2002/49/EC of the European Parliament and of the Council (⁵) was higher than 12. The freight traffic in the years 2015, 2016 and 2017 shall be the basis for the calculation of that average number. In case the freight traffic due to exceptional circumstances diverges in a given year from that average number by more than 25 %, the Member State concerned can calculate the average number on the basis of the remaining two years.

Article 5c

Article 5d

By 31 December 2028, the Commission shall evaluate the implementation of the quieter routes, in particular regarding the progress of retrofitting of wagons and the impact of the introduction of quieter routes on the overall noise exposure of the population and competitiveness of the rail freight sector.

Article 5e

By 30 June 2020, the Commission shall issue a report regarding operations with wagons equipped with composite brake blocks in Nordic winter conditions, based on evidence gathered by the Agency, national safety authorities and rail companies. In particular, this report shall contain an assessment of the safety and braking performance of such wagons and existing or potential operational and technical measures applicable in Nordic winter conditions. The report shall be made public.

If the report provides evidence that the use of such wagons in Nordic winter conditions poses safety issues that cannot be addressed by operational and technical measures without severe adverse impact on rail freight operations, the Commission shall propose amendments to this TSI to address those issues while preserving cross border freight traffic to and from affected Nordic regions. In particular, the proposal may if necessary include an exemption permitting the continued operation on quieter routes throughout the Union of a limited number of wagons used frequently in such cross border freight traffic, and any operational restrictions appropriate to limit the impact of the use of such wagons on quieter routes, which are compatible with the purpose of preserving the above-mentioned cross-border freight traffic.

If the revision set out in the paragraph above takes place, the Commission shall report annually thereafter on the progress on technical and operational solutions for the operation of freight wagons in winter conditions. It shall provide an estimation of the number of wagons equipped with cast iron brake blocks necessary to ensure continued cross border traffic to and from such Nordic regions, with a view to ending the exemption in 2028 at the latest.

Article 6

Compliance with the lower exposure action values set out in Article 3 of Directive 2003/10/EC of the European Parliament and of the Council (⁶) shall be ensured by compliance with the driver's cabin interior noise level, as set out in point 4.2.4 of the Annex to this Regulation as well as by appropriate operational conditions to be defined by the railway undertaking.

Article 7

Article 8

The declaration of verification and/or conformity to type of a new vehicle established in accordance with Decision 2011/229/EU shall be considered valid:

— for locomotives, EMUs, DMUs and coaches until the type or design certificate needs to be renewed as stated in Decision 2011/291/EU for cases where the latter decision was applied, or until 31 May 2017 for other cases,

— for wagons until 13 April 2016.

The declaration of verification and/or conformity to type of a new vehicle established in accordance with Decision 2008/232/EC shall be considered valid until the type or design certificate needs to be renewed as stated in this Decision.

Article 9

Article 10

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2015. However, an authorisation for placing into service may be granted in application of the TSI as set out in the Annex to this Regulation, before 1 January 2015.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

ANNEX

1. INTRODUCTION

Technical Specifications for Interoperability (TSI) lay down the optimal level of harmonised specifications for each subsystem (or part of it), to ensure the safety and interoperability of the rail system, to facilitate, improve and develop rail transport services within the Union and with third countries, and to contribute to the completion of the single European railway area and the progressive achievement of the internal market. The specifications of the TSIs must meet the essential requirements as set out in Annex III to Directive (EU) 2016/797.

In accordance with the proportionality principle, this TSI sets out the optimal level of harmonisation related to specifications on the rolling stock subsystem as defined in point 1.1 intended to limit the noise emission of the rail system within the Union.

1.1.   Technical scope

This TSI applies to all rolling stock within the scope of the Annex to Regulation (EU) No 1302/2014 (‘TSI LOC&PAS’) and the Annex to Regulation (EU) No 321/2013 (‘TSI WAG’).

Alongside with the Annex to Commission Implementing Regulation (EU) 2019/773 (⁷) (‘TSI OPE’), this TSI applies to the operation of freight wagons, which are used on railway infrastructure designated as ‘quieter routes’.

1.2.   Geographical scope

The geographical scope of this TSI corresponds to the scopes defined in point 1.2 of LOC&PAS TSI and in point 1.2 of WAG TSI, each for their rolling stock (RST) concerned.

2. DEFINITION OF THE SUBSYSTEM

A ‘unit’ means the rolling stock, which is subject to the application of this TSI, and therefore subject to the ‘EC’ verification procedure. Chapter 2 of LOC&PAS TSI and Chapter 2 of WAG TSI describe what a unit can consist of.

The requirements of this TSI apply to the following categories of rolling stock set out in Section 2 of Annex I to Directive (EU) 2016/797:

(a) locomotives and passenger rolling stock including thermal or electric traction units, self-propelling thermal or electric passenger trains, and passenger coaches. This category is further defined in Chapter 2 of LOC&PAS TSI and shall be referred to in this TSI as locomotives, electric multiple units (EMU), diesel multiple units (DMU) and coaches;

(b) freight wagons, including low-deck vehicles designed for the entire network and vehicles designed to carry lorries. This category is further defined in Chapter 2 of WAG TSI and shall be referred to in this TSI as wagons;

(c) special vehicles, such as on-track machines. This category is further defined in Chapter 2 of LOC&PAS TSI.

3. ESSENTIAL REQUIREMENTS

All basic parameters set out in this TSI shall be linked to at least one of the essential requirements as set out in Annex III to Directive (EU) 2016/797. Table 1 indicates the allocation.

Point	Basic parameter	Essential requirements
Safety	Reliability and availability	Health	Environ-mental protection	Technical compatibility	Accessibility
4.2.1	Limits for stationary noise				1.4.4
4.2.2	Limits for starting noise				1.4.4
4.2.3	Limits for pass-by noise				1.4.4
4.2.4	Limits for driver's cab interior noise				1.4.4

4. CHARACTERISATION OF THE SUBSYSTEM

4.1.   Introduction

This Chapter sets out the optimal level of harmonisation related to specifications on the rolling stock subsystem intended to limit the noise emission of the Union rail system and to achieve interoperability.

4.2.   Functional and technical specifications of the subsystems

The following parameters have been identified as critical for the interoperability (basic parameters):

(a) ‘stationary noise’;

(b) ‘starting noise’;

(c) ‘pass-by noise’;

(d) ‘driver's cab interior noise’.

The corresponding functional and technical specifications allocated to the different categories of rolling stock are set out in this point. In case of units equipped with both thermal and electric power, the relevant limit values under all normal operation modes shall be respected. If one of those operation modes plans the use of both thermal and electric power at the same time, the less restrictive limit value applies. In accordance with Article 4(5) and Article 2(13) of Directive (EU) 2016/797, provision may be made for specific cases. Such provisions are indicated in point 7.3.

The assessment procedures for the requirements in this point are defined in the indicated points of Chapter 6.

The limit values for the following sound pressure levels under normal vehicle conditions concerning the stationary noise allocated to the categories of the rolling stock subsystem are set out in Table 2:

(a) the A-weighted equivalent continuous sound pressure level of the unit (LpAeq,T[unit]);

(b) the A-weighted equivalent continuous sound pressure level at the nearest measuring position i considering the main air compressor (Lⁱ pAeq,T);

(c) the AF-weighted sound pressure level at the nearest measuring position i considering impulsive noise of the exhaust valve of the air dryer (Lⁱ pAFmax).

The limit values are set at a distance of 7,5 m from the centre of the track and 1,2 m above top of rail.

Category of the rolling stock subsystem	LpAeq,T[unit] [dB]	Li pAeq,T [dB]	Li pAFmax [dB]
Electric locomotives and special vehicles with electric traction	70	75	85
Diesel locomotives and special vehicles with diesel traction	71	78
EMUs	65	68
DMUs	72	76
Coaches	64	68
Wagons	65	n.a.	n.a.

The demonstration of conformity is described in point 6.2.2.1.

The limit values for the AF-weighted maximum sound pressure level (LpAF,max) concerning the starting noise allocated to the categories of the rolling stock subsystem are set out in Table 3. The limit values are set at a distance of 7,5 m from the centre of the track and 1,2 m above top of rail.

Category of the rolling stock subsystem	LpAF,max [dB]
Electric locomotives with total tractive power P < 4 500 kW	81
Electric locomotives with total tractive power P ≥ 4 500 kW Special vehicles with electric traction	84
Diesel locomotives P < 2 000 kW at the engine output shaft	85
Diesel locomotives P ≥ 2 000 kW at the engine output shaft Special vehicles with diesel traction	87
EMUs with a maximum speed vmax < 250 km/h	80
EMUs with a maximum speed vmax ≥ 250 km/h	83
DMUs P < 560 kW/engine at the engine output shaft	82
DMUs P ≥ 560 kW/engine at the engine output shaft	83

The demonstration of conformity is described in point 6.2.2.2.

The limit values for the A-weighted equivalent continuous sound pressure level at a speed of 80 km/h (LpAeq,Tp,(80 km/h)) and, if applicable, at 250 km/h (LpAeq,Tp,(250 km/h)) concerning the pass-by noise allocated to the categories of the rolling stock subsystem are set out in Table 4. The limit values are set at a distance of 7,5 m from the centre of the track and 1,2 m above top of rail.

Measurements at speeds higher than or equal to 250 km/h shall also be made at the ‘additional measurement position’ with a height of 3,5 m above top of rail in accordance with the specification referenced in Appendix B, Index [1] and assessed against the applicable limit values of Table 4.

Category of the rolling stock subsystem	LpAeq,Tp (80 km/h) [dB]	LpAeq,Tp (250 km/h) [dB]
Electric locomotives and special vehicles with electric traction	84	99
Diesel locomotives and special vehicles with diesel traction	85	n.a.
EMUs	80	95
DMUs	81	96
Coaches	79	n.a.
Wagons (normalised to APL = 0,225) (1)	83	n.a.
(1) APL: the number of axles divided by the length over the buffers (m-1)

The demonstration of conformity is described in point 6.2.2.3.

The friction element for wheel tread brakes (i.e. brake block) has an influence on the pass-by noise by creating roughness on the wheel tread when braking.

The demonstration of conformity of brake blocks for freight wagons is described in point 6.1.2.1 of this TSI. Conformity of its brake blocks to that point does not exempt the unit under assessment from the requirements set out in point 4.2.3 and the demonstration of conformity set out in point 6.2.2.3.

The limit values for the A-weighted equivalent continuous sound pressure level (LpAeq,T) concerning the noise within the driver's cab of electric and diesel locomotives, EMUs, DMUs and coaches fitted with a cab are set out in Table 5. The limit values are set in the vicinity of the driver's ear.

These limit values are not mandatory for special vehicles. However, the demonstration of conformity referred to in point 6.2.2.4 shall be performed and the resulting values shall be recorded in the technical file.

Noise within the driver's cab	LpAeq,T [dB]
At standstill with horns sounding	95
At maximum speed vmax if vmax < 250 km/h	78
At maximum speed vmax if 250 km/h ≤ vmax < 350 km/h	80

The demonstration of conformity is described in point 6.2.2.4.

4.3.   Functional and technical specifications of the interfaces

This TSI has the following interfaces with the rolling stock subsystem:

Interface with subsystems referred to in Chapter 2, points (a) and (c), of this Annex (dealt with in LOC&PAS TSI) with regard to:

— stationary noise,

— starting noise (not applicable to coaches),

— pass-by noise,

— interior noise within the driver's cab, where applicable.

Interface with subsystems referred to in Chapter 2, point (b), of this Annex (dealt with in WAG TSI) with regard to:

— pass-by noise,

— stationary noise.

This TSI has the following interface with OPE TSI with regard to:

— pass-by noise.

4.4.   Operating rules

Requirements concerning the operating rules for the subsystem rolling stock are set out in point 4.4 of LOC&PAS TSI and in point 4.4 of WAG TSI.

The contingency arrangements as set out in point 4.2.3.6.3 of OPE TSI include the operation of wagons not compliant with point 7.2.2.2 of this Annex on quieter routes.

This measure can be applied to address capacity restrictions or operational constraints caused by rolling stock failures, extreme weather conditions, accidents or incidents and infrastructure failures.

The operation of wagons not compliant with point 7.2.2.2 on quieter routes shall be possible in case of wagons maintenance activities where only a quieter route is available in order to access the maintenance workshop.

Contingency arrangements set out in point 4.4.1 are applicable in case of infrastructure works where a quieter route is the only suitable alternative.