EU-rett · kilde: EUR-Lex / CELLAR
COMMISSION REGULATION (EU) 2015/924 of 8 June 2015 amending Regulation (EU) No 321/2013 concerning the technical specification for interoperability relating to the ‘rolling stock — freight wagons’ subsystem of the rail system in the European Union (Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 6(1) thereof,
Whereas:
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(1) |
Article 12 of Regulation (EC) No 881/2004 of the European Parliament and of the Council (2) requires the European Railway Agency (the Agency) to ensure that technical specifications for interoperability (the TSIs) are adapted in line with technical progress, market trends and social requirements and to propose to the Commission the amendments to the TSIs which it considers necessary. |
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(2) |
In Decision C(2007)3371 of 13 July 2007, the Commission gave the Agency a framework mandate to perform certain activities under Council Directive 96/48/EC (3) and Directive 2001/16/EC of the European Parliament and of the Council (4). Under the terms of that framework mandate, the Agency was requested to revise the TSI on freight wagons provided for in Commission Regulation (EU) No 321/2013 (5). |
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(3) |
On 21 January 2014, the Agency issued an advice on ‘extension of the “GE” marking of wagons’ (ERA-ADV-2014-1). |
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(4) |
On 21 May 2014, the Agency issued a recommendation on amendments to the TSI on ‘assessment by notified body of composite brake blocks’ (ERA-REC-109-2014-REC). |
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(5) |
Regulation (EU) No 321/2013 should therefore be amended accordingly. |
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(6) |
The measures provided for in this Regulation are in conformity with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 321/2013 is amended as follows
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(1) |
In Article 3, the following point (c) is inserted:
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(2) |
The following Articles 8a, 8b and 8c are inserted: ‘Article 8a 1. 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 date of application of this Regulation, if the following conditions are met:
2. The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing in service of the subsystem, before the transition period set out in paragraph 1 expires. 3. During the transition period set out in paragraph 1:
Article 8b 1. Until the expiry of their current approval period, “friction element for wheel tread brakes” interoperability constituents listed in Appendix G of the Annex do not need to be covered by an EC declaration of conformity. During this period, “friction elements for wheel tread brakes” listed in Appendix G of the Annex shall be deemed to be compliant with this Regulation. 2. After their current approval period expires, “friction element for wheel tread brakes” interoperability constituents listed in Appendix G of the Annex shall be covered by EC declaration of conformity. Article 8c 1. 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:
2. The production, upgrade or renewal of any subsystem using non-certified interoperability constituents shall be completed, including granting authorisation for placing in service of the subsystem, before the transition period set out in paragraph 1 expires. 3. During the transition period set out in paragraph 1:
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(3) |
The following Article 9a is inserted: ‘Article 9a The EC-type or EC design examination certificate for the “friction element for wheel tread brakes” interoperability constituent shall be valid for 10 years. During that period, new constituents of the same type may be placed on the market on the basis of an EC declaration of conformity that refers to this EC-type or EC design examination certificate.’ |
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(4) |
In Article 10, paragraph 1 is replaced by the following: ‘1. The Agency shall publish on its website the list of fully approved composite brake blocks for international transport referred to in Appendix G of the Annex, for the period in which these brake blocks are not covered by EC declarations.’ |
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(5) |
The following Article 10a is inserted: ‘Article 10a 1. In order to keep pace with technological progress, innovative solutions may be required that do not comply with the specifications set out in the Annex and/or for which the assessment methods set out in the Annex cannot be applied. In that case, new specifications and/or new assessment methods associated with those innovative solutions shall be developed. 2. Innovative solutions may be related to the “rolling stock — freight wagons” subsystem, its parts and its interoperability constituents. 3. If an innovative solution is proposed, the manufacturer or his authorised representative established within the Union shall declare how it deviates from or complements the relevant provisions of this TSI and shall submit the deviations to the Commission for analysis. 4. The Commission shall deliver an opinion on the innovative solution proposed. If this opinion is positive, the appropriate functional and interface specifications and the assessment method, which must be included in the TSI in order to allow the use of this innovative solution, shall be developed and subsequently integrated in the TSI during the revision process carried out pursuant to Article 6 of Directive 2008/57/EC. If the opinion is negative, the innovative solution proposed shall not be applied. 5. Pending the review of the TSI, the positive opinion delivered by the Commission shall be considered an acceptable means of compliance with the essential requirements of Directive 2008/57/EC and may therefore be used for the assessment of the subsystem.’ |
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(6) |
The Annex to Regulation (EU) No 321/2013 is amended in accordance with the Annex to this Regulation. |
Article 2
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 July 2015.
This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels, 8 June 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 191, 18.7.2008, p. 1.
(2) Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency (OJ L 164, 30.4.2004, p. 1).
(3) Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (OJ L 235, 17.9.1996, p. 6).
(4) Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system (OJ L 110, 20.4.2001, p. 1).
(5) 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).
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