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26 JANVIER 2010. - Railway System Interoperability Act within the European Community (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
This Act partially transposes Directive 2008/57/EC of the European Parliament and the Council of 17 June 2008 on the interoperability of the railway system within the Community.
Art. 2. Scope
This Act does not apply:
1° to private railway infrastructure and vehicles used on these infrastructures, intended to be used exclusively by their owners for their own freight transport operations;
2° to railway networks that are functionally separated from the rest of the railway system and are intended solely for the operation of urban or suburban local services for the transport of passengers and goods;
3° to heritage, museological and tourist railways that have their own railway networks, or that use unused, undistorted lines that are part of the railway infrastructure, including workshops, vehicles and personnel operating solely on the said networks and lines;
4° to vehicles reserved for strictly heritage, historical or tourist use that circulate on the railway network provided that they comply with the safety rules applicable to them in order to guarantee safe traffic;
5° to metros, trams and other urban and regional railway systems using light rail or any other rail-related mode, provided that the latter do not circulate on the railway network.
Art. 3. Definitions
For the purposes of this Act:
1° "Minister": the Minister who has the regulation of rail transport in his duties;
2° "Management": the Federal Public Service's Ground Transport Branch Mobility and Transport;
3° "control agency": the Railway Transport and Operation Regulating Service of the Brussels-National Airport;
4° "Agency": the European Railway Agency, established by Regulation (EC) No 881/2004 of the European Parliament and the Council of 29 April 2004;
5° "security authority": the security authority designated by the King pursuant to the law of 19 December 2006;
6° "investigation body": the investigative body designated by the King pursuant to the law of 19 December 2006;
7° "rail infrastructure manager": any organization or company that is responsible for the establishment and maintenance of railway infrastructure. This may also include the management of infrastructure control and security systems. The functions of infrastructure manager on all or part of a network may be assigned to several organizations or businesses;
8° "rail company": (i) any company with private or public status, which has obtained a licence in accordance with applicable European legislation, the main activity of which is the provision of goods and/or passengers by rail, the traction to be provided by that undertaking and (ii) any other enterprise with public or private status, whose activity is the provision of services of carriage of goods and/or passengers by rail, These terms also include companies that only provide traction;
9° "Adjudicative entity": any public or private entity that orders the design and/or construction, renewal or redevelopment of a subsystem. This entity may be a railway undertaking, infrastructure manager or holder, or the concessionaire that is responsible for the implementation of a project;
10° Trans-European Railway System: conventional and high-speed trans-European railway systems described in Appendix 1^re;
11° "existing railway system": the system consisting of railway infrastructure, including fixed lines and installations, the existing railway network, and vehicles of any categories and origins that pass through these infrastructures;
12° "network": lines, stations, terminals and any type of fixed equipment necessary to ensure the safe and continuous operation of the railway system;
13° "interoperability": the ability of a railway system to allow safe and undisrupted train traffic by performing the performance required for these lines. This ability depends on all regulatory, technical and operational conditions that must be met to meet the essential requirements;
14° "subsystem": the result of the subdivision of the railway system as indicated in Appendix 2 and for which essential requirements must be defined. These subsystems are structural or functional in nature;
15° "essential requirements": all of the conditions described in Appendix 3 to which the railway system, subsystems and interoperability components must meet, including interfaces;
16° "European specification": a common technical specification, a European technical approval or a national standard transposing a European standard as defined in Article 67bis of the Royal Decree of 10 January 1996 on public contracts of work, supplies and services in the sectors of water, energy, transport and postal services;
17° "Harmonized Standard": any European standard adopted by one of the European standardization bodies listed in Annex I^re the Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and rules relating to the services of the information society and which, alone or jointly with other standards, constitutes a solution for the respect of a legal provision;
18° "Technical specifications for interoperability", below referred to as "TIS": the specifications of which each subsystem or subsystem part is subject to in order to meet the essential requirements and to ensure the interoperability of the railway system;
19° "core parameter": any regulatory, technical or operational condition that is essential for interoperability and is specified in the relevant ITS;
20° "interoperability components": any elemental component, group of components, subset or complete set of material incorporated or intended to be incorporated into a subsystem, which directly or indirectly depends on the interoperability of the railway system. The concept of "constituent" covers material but also immaterial objects such as software;
21° "Notified bodies": bodies responsible for assessing the conformity or suitability of the interoperability components or for instructing the "EC" verification procedure of the subsystems;
22° "designated bodies": bodies responsible for instructing the subsystem verification procedure by reference to the safety rules in use;
23° "safety rules in use": the security rules referred to in Article 6 of the Act of 19 December 2006;
24° "specific case": any part of the railway system that requires special provisions in temporary or final STIs, due to geographical, topographical, urban environment or consistency with the existing system. This may include, among other things, isolated railway lines and networks from the rest of the European Community, gauge, gauge or track centreline, vehicles exclusively for local, regional or historical use and vehicles from or to third countries;
25° "redevelopment": the important work of modifying a subsystem or subsystem that improves the overall performance of the subsystem;
26° "renewal": significant work on substitution of a subsystem or subsystem does not alter the overall performance of the subsystem;
27° "replacement in maintenance": the replacement of components with identical function parts and performance as part of a preventive or corrective maintenance;
28° "commissioning": all operations by which a subsystem or vehicle is set in nominal operating condition;
29° "operation": all operations including the update of the security clearance and security certificate by which the use of a subsystem or a set of subsystems is authorized on the Belgian railway network;
30° "National Vehicle Register (RNV): the register of vehicles authorized to circulate on the Belgian railway network;
31° "maintenance entity": the entity responsible for planning, organization, necessary modifications, security and supervision of the effective execution of maintenance, which consists of preventive maintenance and repairs, and which is registered as such in the National Vehicle Register;
32° "vehicle": a railway vehicle capable of moving on its own wheels on a railway line, with or without traction. A vehicle consists of one or more subsystems of a structural and functional nature or parts of these subsystems;
33° "Type": a vehicle type defining the essential design characteristics of the vehicle, as referred to by the unique "EC" type examination certificate described in Module B of Appendix II of Decision No. 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for product marketing and repealing Council decision 93/465/EEC;
34° "serial": a number of identical vehicles with similar design;
35° "holder": the person or entity owner of the vehicle or having a right of disposition on the vehicle, who operates the vehicle as a means of transport and is registered as such in the National Vehicle Register (NRV);
36° "Project at an advanced stage of development": any project whose planning/construction phase is at a stage such that a modification of technical specifications would be unacceptable to the Member State concerned. This impediment may be of a legal, contractual, economic, financial, social or environmental nature and must be duly justified;
37° "Law of December 19, 2006": the Act of December 19, 2006 on railway safety.
Art. 4. Essential requirements
The railway system, subsystems, interoperability components including interfaces meet the essential requirements for them.
The security authority may consult with the committee referred to in section 29 of Directive 2008/57/EC if after the adoption of an ITS, it appears that it does not meet the essential requirements.
CHAPTER 2. - Technical specifications for interoperability
Section 1^re. - Content
Art. 5. Each subsystem is the subject of an ITS and, where appropriate, of several ITS.
A STI can cover several subsystems.
Art. 6. Subsystems conform to ITS that are applied at the time of their commissioning, redevelopment or renewal.
This compliance is maintained continuously during the use of each subsystem.
Art. 7. To the extent that this is technically feasible and without prejudice to compliance with the safety rules in use, ITS does not impede the use of infrastructure for the movement of vehicles not covered by ITS.
Section 2. - Extension of the ITS application field
Art. 8. As long as the extension of the ITS field to the entire railway network is not effective, the authorization for the commissioning of subsystems on the part of the network that is not yet under ITS is granted in accordance with the safety rules in use or where applicable in section 22.
The authorization for the commissioning of vehicles whose use is occasionally provided on the part of the network that is not yet subject to ITS, for that part of the system, is granted in accordance with the safety rules in use or where applicable in section 22 and Chapter 5.
Art. 9. The King may exclude from the application of new or revised ITS projects at an advanced stage of development or subject to a contract being executed during the publication of ITS related to it.
Section 3. - Derogations
Art. 10. § 1^er. In the absence of any relevant specific cases, the security authority may, at the request of the procuring entity, or the manufacturer or their agent in the European Community, decide not to apply one or more ITS in the following cases:
1° for a new sub-system project, for the renewal or redevelopment of an existing sub-system or for any element of the railway system at an advanced stage of development or subject to a contract being executed during the publication of these ITS;
2° for a project to renew or redesign an existing subsystem where the gauge, deviation or centreline of the tracks, or the electrical voltage provided by these ITSs are incompatible with those of the existing subsystem;
3° for a project concerning the renewal, extension or redevelopment of an existing subsystem, where the application of these ITS compromises the economic viability of the project and/or the coherence of the Belgian railway system;
4° where, as a result of an accident or natural disaster, the rapid recovery conditions of the network do not economically or technically permit the partial or total application of the corresponding ITS;
5° for vehicles from or to third countries whose lanes are different from that of the main railway network within the European Community.
§ 2. The procuring entity, the constructor or their representative in the European Community shall file with the security authority the request for an exemption with a file containing the elements of item (b) of Annex 9 and justifying the request for an exemption.
§ 3. In the case referred to in § 1^er, 1°, the security authority communicates to the European Commission, in the year following the coming into force of each STI, a list of projects that take place in Belgian territory and are at an advanced stage of development.
§ 4. In all cases referred to in § 1^er, the security authority shall notify the European Commission of its intention to derogate from the European Commission and shall transmit to it a request for derogation file including the documents reproduced in Annex 9.
§ 5. In cases referred to in § 1^er, 1° and 4° the security authority may, pending the notification by the European Commission of the results of its analysis of the conformity of the file with a request for exemption, apply the replacement provisions referred to in this file.
§ 6. In the absence of a decision by the European Commission within the time limit imposed by Directive 2008/57/EC on acceptance of the application for exemption in the cases referred to in paragraph 1^er, 2°, 3° and 5°, the application is considered accepted.
Pending the decision of the European Commission in the cases referred to in § 1^er5° the replacement provisions referred to in the exemption application file may apply.
CHAPTER 3. - Interoperability components
Section 1^re. - Market launch
Art. 11. Interoperability components can only be marketed if they:
1° to achieve rail interoperability by meeting the essential requirements;
2° are used in their area of employment in accordance with their destination and are properly installed and maintained.
Paragraph 1^er does not hinder the marketing of these components for other applications.
Art. 12. For reasons of law, the security authority may not prohibit, restrict or hinder the placing of interoperability components on the market for their use in the railway system when they comply with the provisions of the law.
Section 2. - Compliance or Employment Skills
Art. 13. Interoperability components that are provided with the "EC" declaration of conformity or fitness to employment are considered to meet the essential requirements.
Any interoperability component shall be subject to the conformity or suitability assessment procedure specified in the STI concerned and shall be accompanied by the corresponding certificate.
The "EC" declaration of conformity and suitability for the use of interoperability components is in accordance with the criteria set out in Appendix 4.
An interoperability component meets the essential requirements if it meets the requirements set by the corresponding STIs or the European specifications developed to meet these conditions.
By derogation from paragraph 2, spare parts of subsystems already in service at the time of the entry into force of the ITS may be installed in this subsystem without being subject to the conformity assessment and fitness to employment procedure.
Section 3. - Procedure for "EC" declaration of conformity or fitness to employment
Art. 14. In order to establish the "EC" declaration of conformity or suitability for the use of an interoperability component, the manufacturer or its representative established in the European Community shall apply the provisions of the ITS concerning it.
When the corresponding STI imposes it, the assessment of the conformity or suitability of an interoperability component is carried out by the notified body to which the manufacturer or its representative established in the European Community has applied.
When interoperability components are subject to regulations transposing other community directives on other aspects, the "EC" declaration of conformity or fitness to employment indicates, in this case, that interoperability components also meet the requirements of these other regulations.
Art. 15. When neither the manufacturer nor its agent met the obligations under Article 14, paragraphs 1^er and 3, these obligations are the responsibility of any person who puts the interoperability constituent on the market.
The same obligations apply to any person who assembles interoperability components or parts of interoperability components of various origins or who manufactures interoperability components for their own use for the purposes of this Act.
Section 4. - Restrictions or prohibition on the use of interoperability components
Sub-section 1^re. - Non-compliance with the "EC" declaration procedure
Art. 16. When the security authority finds that the "EC" declaration of conformity has been unduly established, it shall establish the manufacturer or agent established in the European Community, if necessary, to return the interoperability grantor in conformity and to stop the offence in accordance with the terms set by the King.
Where non-compliance persists, the security authority shall take all appropriate measures to restrict, prohibit the placing on the market of the relevant interoperability grantor or to ensure its withdrawal from the market in accordance with the procedures set out in Article 17.
Paragraphs 1^er and 2 apply subject to the provisions of Article 17.
Sub-section 2. - Non-compliance of interoperability components with essential requirements
Art. 17. When the security authority finds that an interoperability grantor with the "EC" declaration of conformity or fitness to employment and placed on the market may, when used in accordance with its destination, not meet the essential requirements, take all necessary measures to restrict its area of application, to prohibit its use or to remove it from the market in accordance with the terms and conditions established by the King.
The security authority immediately informs the European Commission of the measures it has taken and motivates its decision by specifying whether the non-compliance results from either a non-compliance with the essential requirements or a misapplication of the European specifications as long as the application of these specifications is invoked, or a lack of European specifications.
Art. 18. When the security authority finds that an interoperability grantor with the "EC" declaration of conformity is unconformed, it restricts its area of application, removes it from the market, prohibits its use and takes appropriate measures against the one who has established the declaration in accordance with the terms and conditions established by the King.
It informs the European Commission and the security authorities of the other member States of the Community. European.
CHAPTER 4. - Subsystems
Section 1^re. - Implementation procedure
Art. 19. § 1^er. Pursuant to Article 12, 1° of the Act of 19 December 2006 and subject to the provisions of Chapter 5, the security authority authorizes the commissioning of the structural subsystems of the railway system that are established or operated in Belgium.
§ 2. Structural subsystems can only be put into service if they are designed, constructed and installed to meet the essential requirements for them, when integrated into the railway system.
§ 3. The security authority checks, in particular:
1° the technical compatibility of these subsystems with the system in which they integrate;
2° the safe integration of these subsystems in accordance with Articles 16 and 21 of the Law of 19 December 2006.
§ 4. The security authority shall verify prior to the commissioning of these subsystems that they comply with the applicable operating and maintenance provisions of ITS.
§ 5. Subsystems of a structural nature are subject to:
- the "EC" verification procedure by reference to applicable ITS;
- and the procedure for verification of the security rules in use, by reference to these security rules.
§ 6. After the subsystems are put into service, this verification takes place:
1° for infrastructure, as part of the granting and monitoring of security clearances under section 23 of the Act of 19 December 2006;
2° for vehicles, as part of the granting and monitoring of safety certificates pursuant to section 27 of the Act of 19 December 2006.
§ 7. The evaluation and verification procedures are those in the relevant structural and functional ITS.
Art. 20. Subject to the provisions of section 19, the security authority shall not, from the head of that Act, prohibit, restrict or hinder, the construction, commissioning and operation of subsystems of a structural nature that satisfy the essential requirements of the railway system.
The security authority may not require audits that have already been performed:
1° as part of the procedure for establishing the "EC" verification declaration, the elements of which are given in Appendix 5;
2° in other Member States of the European Community, before or after July 19, 2008 to verify compliance with identical requirements under identical operating conditions.
Section 2. - Compliance with ITS and national provisions
Art. 21. The structural subsystems of the railway system that are equipped with the "EC" verification declaration are considered interoperable and meet the essential requirements.
The verification of the interoperability, in accordance with the essential requirements, of a subsystem of a structural nature constituting the railway system is established by reference to ITS where they exist.
The "EC" subsystem verification declaration complies with the criteria set out in Annex 5.
Art. 22. § 1^er. Where there is no relevant ITS, an exemption has been notified under section 10 or a specific case requires the application of safety rules in use not included in the ITS concerned, the security authority shall establish, for each subsystem, a list of safety rules in use for the application of essential requirements.
In these cases, any structural subsystem is subject to the interoperability verification procedure in accordance with the essential requirements by reference to the list of safety rules in use.
§ 2. The security authority shall notify the European Commission of the list of safety rules for each sub-system and the designated bodies responsible for the verification procedure of these security rules pursuant to Article 25.
This list is notified:
- each time a change occurs in the list of technical rules that has been notified under Article 16, § 3, of Directives 96/48/EC and 2001/16/EC;
- either after notification of the exemption;
- either after publication of the STI concerned.
§ 3. The security authority does not notify the European Commission of the rules and restrictions of a strictly local character but in fact mentioned in the infrastructure register referred to in section 62.
§ 4. The security authority shall ensure that binding technical rules are published and communicated to the infrastructure manager, to all railway companies and to all applicants for commissioning authorizations in clear and intelligible terms for all parties involved.
Section 3. - Procedure for establishing the "EC" audit declaration
Sub-section 1^re. - "EC" audit declaration
Art. 23. § 1^er. To establish the "EC" verification declaration, the procuring entity or the manufacturer or their agent in the European Community shall select a notified body and undertake to instruct the "EC" verification procedure referred to in Annex 6.
§ 2. The mission of the notified body, responsible for the "EC" verification of a subsystem, begins at the project stage and covers the entire construction period until the reception stage before the subsystem is started.
It also covers the verification of the interfaces of the subsystem in question with respect to the system in which it integrates on the basis of the information available in the STI concerned and in the records provided for in sections 34 and 35 of Directive 2008/57/EC and section 62.
§ 3. The notified body is responsible for the preparation of the technical file and the drafting of the verification certificate "EC" to accompany the verification declaration "EC" prepared by the applicant.
This technical record contains all necessary documents relating to the characteristics of the subsystem as well as, where applicable, all evidence of the conformity of interoperability components.
It also contains all elements related to conditions and limits of use, maintenance, continuous or periodic monitoring, adjustment and maintenance instructions.
§ 4. If the corresponding STI permits, the notified body may issue certificates of compliance with certain parts of the subsystems or a series of subsystems.
Sub-section 2. - The "EC" declaration of intermediate verification
Art. 24. The procuring entity or the manufacturer, or their agent in the European Community, may, on the basis of confirmations of the inspection certificates issued by the notified body, prepare "EC" intermediate verification declarations to cover certain stages of the verification procedure or certain parts of the subsystem according to the procedure set out in Annex 6.
Subsection 3. - The declaration of verification to the security rules in use
Art. 25. § 1^er. Pursuant to Article 8 and pursuant to Article 22, the procuring entity or the manufacturer or their agent in the European Community shall, in order to establish the verification declaration to the security rules in use, choose a designated body and commit it to instruct the verification procedure to the security rules in use.
§ 2. The mission of the designated body responsible for the verification of a subsystem to the safety rules in use begins at the project stage and covers the entire construction period until the reception stage before the subsystem is put into operation.
It also covers the verification of the interfaces of the subsystem in question with respect to the system in which it integrates.
§ 3. The designated body is responsible for the establishment of the technical record to accompany the audit declaration to the security rules in use.
This technical folder contains all elements related to the conditions and limits of use, maintenance, continuous or periodic monitoring, adjustment and maintenance instructions.
Sub-section 4. - Intermediate audit declaration to the security rules in use
Art. 26. Intermediate audit statements to the security rules in use to cover certain stages of the verification procedure to the security rules in use may be prepared by the procuring entity or manufacturer or their agent in the European Community on the basis of the intermediate audit certificates issued by the designated body.
Section 4. - Restriction on the commission of a structural subsystem
Art. 27. When the security authority finds that a subsystem of a structural nature, with the verification declaration "EC" accompanied by the technical record, does not fully comply with the provisions of this Act and, in particular, with the essential requirements, it may request further audits to be carried out.
The security authority shall immediately inform the European Commission of the additional audits requested by motivating them and specify whether the supplementary audit finds its cause either in the non-compliance with the essential requirements or in a ITS, or in the absence of an ITS.
Section 5. - Subsystem implementation
Sub-section 1^er. - General principles
Art. 28. The King sets out the procedure and procedures for the introduction of the application and the authorization to commission the subsystems referred to in this section.
Sub-section 2. - Implementation of existing subsystems after renewal or redevelopment
Art. 29. § 1^er. In the event of renewal or redevelopment, the procuring entity, the manufacturer or their agent in the European Community shall file with the security authority a file describing the project.
§ 2. After reviewing the file, the security authority shall decide, taking into account the implementation strategy set out in the applicable ITS, whether the importance of work warrants the need for a new authorization for commission within the meaning of this Act.
§ 3. A new commissioning authorization is required whenever the overall security level of the subsystem concerned can be adversely affected by the work envisaged.
If a new authorization is required, the security authority determines the extent to which ITS should be applied to the project.
If the ITS is not fully implemented, the security authority shall notify the European Commission of the reasons, the technical characteristics that apply instead of the ITS, and the bodies responsible for applying the verification procedure referred to in Article 25.
§ 4. The security authority shall decide no later than four months after the procuring entity, the manufacturer or their agent in the European Community have filed a complete record in accordance with the terms and conditions established in accordance with Article 28.
Subsection 3. - Intermediate service of subsystems
Art. 30. The security authority may authorize the intermediate commissioning of a subsystem on the basis of intermediate compliance certificates issued by the notified or designated body, and intermediate compliance statements. The security authority shall issue the intermediary commissioning authorization to the procuring entity or to the manufacturer or to their agent in the European Community.
The intermediate commissioning of the subsystems opens the right to the completion of all tests necessary for the commissioning of the subsystems concerned in accordance with the terms and conditions established in accordance with Article 28.
CHAPTER 5. - Vehicles
Section 1^re. - Authorization for commissioning
Art. 31. Unless otherwise specified in this chapter, the commissioning of a vehicle shall be authorized by the security authority before that vehicle can be used on the network.
Any authorization of commission granted by a Member State is valid in Belgium subject to articles 44 and 48.
The service authorizations issued in accordance with the provisions of this section are subject to the other conditions imposed by the Act of 19 December 2006 on railways and the infrastructure manager for the operation of such vehicles on the network.
The King sets out the procedures for the introduction of the application, the procedure and the conditions for obtaining the commission of the vehicles.
Art. 32. A vehicle conforming to ITS is authorized in accordance with sections 40 to 45.
A vehicle not in accordance with ITS is authorized in accordance with sections 46 to 49.
A vehicle conforming to an authorized type is authorized in accordance with section 50.
Art. 33. Any application for a vehicle to be commissioned must be followed by a decision of the security authority in accordance with sections 41, 44, 47 and 48.
Art. 34. The decision to authorize the commissioning of a vehicle may provide for conditions of use and other restrictions.
Art. 35. In the month of the date of receipt of the decision to refuse the commission of a vehicle, the applicant may request the security authority, based on duly justified reasons, to review the decision to refuse the commission of a vehicle.
The security authority has two months, from receipt of the request for review, to confirm or reverse its decision.
Art. 36. In the absence of a decision by the security authority within the time limits prescribed by sections 45 and 49, the commissioning of the vehicle shall be deemed to have been authorized after a three-month period beginning after that period.
In this case, the authorization to commission the vehicle is valid only on the Belgian network.
In the event that a vehicle would be granted a tacit authorization in another Member State of the European Community following the application of a provision similar to paragraph 1^er, the said authorization of commissioning will not be valid in Belgium.
Art. 37. The revocation by the security authority of the authorization for commissioning granted by the security authority or of an authorization granted by the applicant under section 36 shall be effected through the procedure for revising security certificates and security clearances in accordance with Chapter IV of Title II of the Act of 19 December 2006.
Art. 38. The security authority may issue operational authorizations for a series of vehicles.
The security authority shall communicate to applicants within three months of the coming into force of the law through publication on its website, the practical modalities to be followed.
Art. 39. By derogation from articles 40 to 49, the authorizations granted before July 19, 2008, including the authorizations issued in accordance with international agreements, in particular the RIC (Regolamento Internationale Carrozze) and the RIV (Regolamento Internationale Veicoli) remain valid for the conditions to which they were granted.
Section 2. - Implementation of ITS-compliant vehicles
Sub-section 1^re. - First release authorization
Art. 40. This subsection applies to vehicles that comply with all relevant ITS at the time of their commissioning provided that a significant number of essential requirements have been covered in the ITS considered and that the relevant ITS on rolling stock has entered into force and is applicable.
Art. 41. Where all structural subsystems related to the vehicle concerned have been authorized in accordance with the provisions of Chapter 4, the security authority shall grant the first authorization for commissioning without further verification.
Art. 42. Where the vehicle concerned bears all "EC" verification declarations in accordance with section 23, the control of the safety authority, as part of the vehicle's commissioning authorization, is limited to:
1° the technical compatibility between the relevant subsystems of the vehicle and the safety of their integration according to the procedure provided for in the structural and functional STIs concerned;
2° the technical compatibility between the vehicle and the network concerned;
3° the safety rules in use applicable to open points;
4° the safety rules in use applicable to specific cases duly identified in the relevant ITS.
Sub-section 2. - Additional authorities for commissioning
Art. 43. No additional commissioning authorization is required for vehicles fully compliant with ITS covering all aspects of the subsystems concerned without specific cases and open points related to the technical compatibility between vehicle and network and as long as they circulate on networks conforming to ITS or the conditions specified in the corresponding ITS.
Art. 44. § 1^er. The security authority shall decide whether additional authorizations for commissioning are necessary for a vehicle with an initial commissioning authorization pursuant to section 41, provided that it is not a vehicle referred to in section 43.
§ 2. In order to meet the request for additional authorizations, the applicant shall submit to the security authority a record concerning the vehicle or vehicle type and the intended use on the network.
§ 3. The file contains the following information:
1st supporting documents certifying the authorization of commissioning in another Member State of the Community in accordance with Article 22 of Directive 2008/57/EC;
2° a copy of the technical record referred to in Annex 6 including for vehicles equipped with data loggers, information relating to the data collection procedure in order to allow the reading and evaluation of this data provided that this information is not harmonized in the corresponding ITS;
3° records showing the vehicle maintenance history and, where applicable, the technical changes made after the authorization;
4° the technical and operational characteristics proving that the vehicle is compatible with the fixed infrastructure and installations and other network constraints.
§ 4. The verification of the security authority, as part of the request for additional authorization, is limited to the criteria for:
1° the technical compatibility between the vehicle and the network including the safety rules in use applicable to the open points necessary to ensure this compatibility;
2° the safety rules in use applicable to specific cases duly identified in the STI concerned.
§ 5. To verify the criteria referred to in § 4, the security authority may request additional information, risk analyses conducted under sections 16 and 17 of the Act of 19 December 2006 or tests to be carried out on the network.
Derogation from paragraph 1^er and after the adoption of the reference document referred to in section 51, this verification may be carried out only in relation to the national rules of group B or C contained in this document.
§ 6. The security authority defines, after consultation with the applicant, the scope and content of the additional information, risk analyses and tests requested.
In order to carry out the additional tests required under paragraph 1^er, the railway infrastructure manager, in consultation with the applicant, makes every effort to ensure that these tests may take place within three months of the applicant's request.
Where applicable, the security authority shall take steps to ensure that such tests are conducted.
Art. 45. The security authority shall make the additional authority for commissioning by:
1° two months after the introduction of the file referred to in Article 44, § 2;
2° where applicable, one month after the provision of any additional information referred to in Article 44, § 5;
3° where applicable, one month after the delivery of the test results requested by the security authority in accordance with Article 44, § 6.
Section 3. - Implementation of non-ITS vehicles
Sub-section 1^re. - First release authorization
Art. 46. This subsection applies to vehicles that are not in compliance with all relevant ITS at the time of its commissioning, including vehicles with exemptions, or where a significant number of essential requirements are not covered in one or more ITSs.
Art. 47. The security authority shall grant the first authorization for commissioning:
1° if applicable after completion of the "EC" verification procedure for the technical aspects covered by the ITS;
2° after completion of the verification procedure for the safety rules in use for other technical aspects.
The first authorization for commissioning is valid only on the Belgian railway network.
Sub-section 2. - Additional authorities for commissioning
Art. 48. § 1^er. The security authority shall decide whether additional authorizations for commissioning are necessary for a vehicle authorized for commissioning in another Member State of the Community before 19 July 2008 in accordance with Article 21.12 or Article 24 of Directive 2008/57/EC.
§ 2. In order to meet the request for additional authorizations referred to in this section, the applicant shall submit to the security authority a technical record concerning the vehicle or vehicle type by indicating the information relating to the intended use on the network.
§ 3. The file contains the following information:
1st supporting documents certifying the authorization of commissioning in another Member State and the documentation relating to the procedure followed to demonstrate that the vehicle complies with the existing security requirements, including, where appropriate, information on the exemptions that it has received or have been granted in accordance with Article 10;
2° technical data, maintenance program and operational features including for vehicles equipped with data loggers, information on the data collection procedure in order to allow the reading and evaluation of such data as provided for in article 46 point c of the law of 19 December 2006;
3° the records showing the history of the operation of the vehicle and, where applicable, the technical changes made after the authorization;
4° the technical and operational characteristics proving that the vehicle is compatible with the fixed infrastructure and installations and other network constraints.
§ 4. The security authority shall not question the data referred to in § 3, 1 and 2 except to demonstrate a significant security risk and subject to Article 20.
In particular, after the adoption of the reference document referred to in Article 51, the security authority may not invoke a national rule belonging to Group A in that document.
§ 5. To verify the conformity of the elements referred to in § 3, 3 and 4 with respect to the safety rules in use, the security authority may request additional information, risk analyses and tests to be carried out on the network.
Derogation from paragraph 1^er, this verification may only be carried out in relation to the national rules of group B or C contained in this document after the adoption of the reference document referred to in section 51.
§ 6. The security authority, in consultation with the applicant, defines the scope and content of additional information, risk analyses and tests requested.
At the request of the security authority and in order to carry out the additional tests requested, the infrastructure manager, in agreement with the applicant, shall make every effort to ensure that these tests may take place within three months of the application.
Where applicable, the security authority shall take steps to ensure that such tests are conducted.
Art. 49. The security authority shall make its decision for additional authorization to commence service by:
1° four months after the introduction of the file referred to in Article 48, § 2;
2° where applicable, two months after the provision of additional information or risk analysis referred to in Article 48, § 5;
3° where applicable, two months after the performance of the tests requested by the security authority in Article 48, § 6.
Section 4. - Vehicle type authorization
Art. 50. § 1^er. The security authority may issue authorizations by vehicle type.
§ 2. Authorization for a vehicle also covers the corresponding vehicle type.
§ 3. The vehicle conforming to a vehicle type that has already been authorized on the Belgian network is authorized on the basis of a declaration of conformity with the vehicle type provided by the applicant, without further verification.
§ 4. By derogation from § 3, if the relevant provisions of the ITS and the national rules on the basis of which a vehicle type has been authorized, the security authority shall decide whether the authorizations by type granted remain valid or whether they must be renewed.
In the event of a renewal of a vehicle type authorization, the criteria that the safety authority is verifying are limited to the amended rules.
The renewal of a vehicle type authorization does not affect the authorizations of vehicles issued on the basis of a previously authorized type.
§ 5. The Type Compliance Statement is established in accordance with:
1° the relevant ITS verification procedures for ITS vehicles;
2° for non-informed ITS vehicles, verification procedures defined in module D or in module E of decision No. 768/2008/EC of the European Parliament and the Council of 9 July 2008 on a common framework for product marketing and repealing Council decision 93/465/EEC.
§ 6. The applicant may apply for authorization by type at the same time in other member States of the European Community.
Where applicable, the security authority cooperates with the security authorities of other European Community member states in order to streamline the procedure and minimize administrative tasks.
§ 7. In accordance with Article 26. 7 of Directive 2008/57/EC, type approvals are registered in the European Register of Authorized Vehicles referred to in Article 34 of Directive 2008/57/EC.
The register specifies the member States of the European Community in which a vehicle type is authorized.
Section 5. Classification of national rules
Art. 51. In order to facilitate the authorization procedure for the commissioning of vehicles referred to in sections 44 and 48, the security authority shall classify the national rules for the parameters identified in Annex 7, item 1 in accordance with Annex 7, item 2.
The reference document referred to in Article 27 of the Directive 2008/57/EC of the European Parliament and the Council of 17 June 2008 on the interoperability of the railway system within the Community takes over all the national rules applied by each Member State for the commissioning of vehicles.
The national security authority contributes to the drafting of the reference document referred to in Article 51, paragraph 2.
CHAPTER 6. - Organizations notified and designated
Section 1^re. - Notified body
Art. 52. The Minister, for notification, agrees with the organizations, meeting the criteria of Schedule 8, to conduct the conformity assessment or fitness to employment procedure referred to in sections 13 to 16 and the verification procedure referred to in Article 23 by indicating for each of them the area of jurisdiction.
Art. 53. To be authorized for notification by the Minister, interested organizations must demonstrate that they are accredited in accordance with the provisions of the Act of 20 July 1990 concerning the accreditation of conformity assessment bodies.
The Minister sets out the procedures for the introduction of the accreditation file and the notification request.
Art. 54. The Minister shall notify the European Commission and other Member States of the European Community of the bodies it has approved by indicating for each of them their area of competence and their identification number obtained before the Commission, as well as the withdrawal of the accreditation to an organization that no longer meets the criteria of Annex 8.
Art. 55. If it appears that an organization notified by another Member State of the European Community does not meet the notification criteria, the Minister shall inform the European Commission.
Section 2. - Designated Organization
Art. 56. The Minister designates, by indicating their area of jurisdiction, the bodies responsible for conducting the verification procedure to the security rules in use, in the absence of ITS, where the application of ITS to the entire network is not effective, in the event of a notified exemption or where a specific case requires the application of national rules in accordance with section 25.
Art. 57. The Minister sets out the criteria for designation and the procedures for the introduction of the application for designation of the organizations referred to in section 56.
Art. 58. To be designated, interested organizations must demonstrate that they meet the criteria set by the Minister.
Art. 59. The security authority, through publication on its website, communicates the list of designated bodies.
CHAPTER 7. - Vehicle and infrastructure records
Section 1^re. - Vehicle registration system
Art. 60. A European vehicle number (NEV) is assigned to any vehicle that is put into service on the community railway system when issuing the first commissioning authorization.
The applicant for the first commissioning authority shall be responsible for affixing to the vehicle the NEV assigned to it by the security authority in accordance with the provisions of Schedule P of the ITS relating to the operation and management of the traffic.
A single EVN is assigned to each vehicle unless otherwise provided in the ITS for traffic operation and management.
Derogation from paragraph 1^er, for clearly identified vehicles, a different codification system is authorized in the case of vehicles operated or intended to be operated from or to third countries whose lanes are different from that of the main railway network of the European Community.
Section 2. - National Register of Vehicles
Art. 61. § 1^er. A national register of vehicles authorized in Belgium is established.
§ 2. The registry is maintained by the security authority. It incorporates in the register the modifications made by another Member State of the European Community for data concerning the Belgian network.
As long as the national vehicle registers of the Member States are not connected, the security authority shall update the register by incorporating the modifications made by another Member State in its own register, for the data concerning it.
§ 3. The register is accessible to the security authorities of the other member states of the European Community, to the investigative body, to the inspection body, to the Agency, to the railway companies, to the manager of the railway infrastructure and to the persons or bodies responsible for the registration of vehicles or identified in the register.
§ 4. The registry complies with the common specifications developed by the Agency and contains at least the following information:
1° the NEV;
2° the references to the "EC" verification declaration and the entity that issued it;
3° references to the European Register of authorized vehicle types referred to in Article 34 of Directive 2008/57/EC;
4° identification of the owner of the vehicle and its owner;
5° any restrictions concerning the use of the vehicle;
6° the maintenance entity.
§ 5. The registration holder shall immediately notify any possible changes in relation to the data entered in the national vehicle register, the destruction of a vehicle or its decision not to register a vehicle to the security authority of the Member State in which the vehicle was first authorized.
§ 6. In the case of vehicles first put into service in a third country and whose commission has been authorized by a Member State in its territory, the Member State shall ensure that the data referred to in § 4, 4° to 6° can be found via the national vehicle register. The data referred to in § 4, 6° may be replaced by the relevant security data applicable to the maintenance program.
Section 3. - Infrastructure Registry
Art. 62. The security authority ensures that the railway infrastructure manager publishes an infrastructure register and updates it in accordance with the common specifications referred to in paragraph 3.
The registry presents for each subsystem or part of the subsystem concerned the main features such as the basic parameters and their alignment with the characteristics prescribed under the applicable ITS. for this purpose, the infrastructure manager complies with each ITS that accurately indicates which information must be included in the infrastructure registry.
It complies with the common specifications developed by the Agency for its presentation, format, updating cycle and mode of use, taking into account an appropriate transition period for the infrastructure put into operation before July 19, 2008.
CHAPTER 8. - Final provision
Art. 63. The Royal Decree of 28 December 2006 on the interoperability of the high-speed trans-European railway system and the conventional railway system, as amended by the Royal Decree of 18 March 2008, is repealed.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 January 2010.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
S. DECLERCK
Notes
(1) 2009-2010 session.
House of Representatives
Documents. - Bill, 52-2248. - Nr. 1. - Amendments, 52-2248. - No. 2. - Report, 52-2248. - No. 3. - Text adopted by the Commission, 52-2248. - No. 4. - Text adopted in plenary and transmitted to the Senate, 52-2248. - No. 5.
Full report: 7 January 2010.
Senate
Documents. - Project referred to by the Senate, 4-1571. - Report, 4-1571. - No. 2. - Decision not to amend, 4-1571. - No. 3.
Annales of the Senate: January 14, 2010.

Annex 1^re the law on the interoperability of the railway system within the European Community
Annex 1^re
PAPLICATION CHAMP
1. Conventional Trans-European Railway System
1.1. Network
The network of the conventional trans-European railway system will be that of the conventional lines of the trans-European transport network identified in Decision No. 1692/96/EC.
For the purposes of this Act, this network may be divided into the following categories:
- planned lines for passenger traffic,
- lines for mixed traffic (passengers and goods),
- specially designed or fitted lines for the traffic of goods,
- passenger nodes,
- goods nodes, including intermodal terminals,
- connections between the above elements.
This network includes traffic management, location and navigation systems, data processing and telecommunications technical facilities for long-range passenger transport and the transport of goods on this network to ensure the safe and harmonious operation of the network and the efficient management of traffic.
1.2. Vehicles
The Conventional Trans-European Railway System includes all vehicles capable of travelling on all or part of the Conventional Trans-European Railway Network, including:
- self-propelled powertrains with thermal or electric motors,
- traction motors with thermal or electric motors,
- passenger cars,
- freight cars, including vehicles designed for truck transport.
Construction and maintenance equipment for mobile rail infrastructure can be included.
Each of the above categories is subdivided into:
- vehicles for international use,
- vehicles for national use.
2. Trans-European High-speed Railway System
2.1. Network
The network of the high-speed trans-European railway system is that of the high-speed lines of the trans-European transport network identified in Decision No. 1692/96/EC.
High speed lines include:
- specially constructed lines for high speed, equipped for speeds generally equal to or greater than 250 km/h,
- specially equipped lines for high speed, equipped for speeds of 200 km/h,
- lines specially designed for high speed with a specific character due to topographical constraints, relief or urban environment, whose speed must be adapted case by case. This category also includes interconnection lines between high-speed and conventional networks, railway crossings, access to terminals, depots, etc., which are covered at conventional speed by "high speed" rolling stock.
This network includes traffic management, location and navigation systems, the technical data processing and telecommunications facilities planned for transport on these lines to ensure the safe and harmonious operation of the network and the efficient management of traffic.
2.2. Vehicles
The high-speed trans-European railway system includes vehicles designed to operate:
- either on lines specially constructed for high speed, at a speed of at least 250 km/h, while allowing, in appropriate circumstances, to reach speeds exceeding 300 km/h,
- either on the lines mentioned in point 2.1, when it is compatible with the performance levels of these lines, at a speed of 200 km/h.
In addition, vehicles designed to circulate at a maximum speed of less than 200 km/h that are likely to circulate on all or part of the high-speed trans-European railway network, when compatible with the performance levels of this network, meet the conditions that guarantee safe operation on this network. To this end, ITS for conventional vehicles also specify the requirements for safe operation of conventional vehicles on high-speed networks.
3. Coherence of the railway system
The quality of European rail transport requires, among other things, excellent compatibility between the characteristics of the network (in the broad sense of the term, that is, including the fixed parts of all the subsystems concerned) and those of the vehicles (including the embedded parts of all the subsystems concerned). This compatibility depends on the performance, safety, quality of service and their cost.
4. Extension of application field
4.1. Subcategories of the network and vehicles
The scope of ITS is gradually extended to the entire railway system, as indicated in Article 8 of Directive 2008/57/EC. In order to ensure cost-effectiveness of interoperability, new subcategories may, if necessary, be developed for all categories of network and vehicles referred to in this annex. Where applicable, the functional and technical specifications referred to in Article 5, paragraph 3 of Directive 2008/57/EC may differ according to the subcategory.
4.2. Cost guarantees
The cost/benefit analysis of the proposed measures will include the following:
- the cost of the proposed measure,
- the advantages for interoperability of an extension of the application field to certain subcategories of networks and vehicles,
- the reduction of capital costs through economies of scale and the best use of vehicles,
- reduction of investment expenditures and maintenance/operating costs through increased competition between manufacturers and maintenance companies,
- beneficial effects on the environment, thanks to the technical improvements of the railway system,
- improving operational safety.
In addition, this evaluation will indicate the likely consequences for all relevant economic operators and actors.
Seen to be annexed to the draft law on the interoperability of the railway system within the European Community.

Annex 2 to the Law on Interoperability of the Railway System within the European Community
Annex 2
SOUS-SYSTEMES
1. List of subsystems
For the purposes of this Act, the railway system may be divided according to the following subsystems:
(a) Structural areas:
- infrastructure,
- energy,
- control and signalling,
- rolling stock, or
(b) functional areas:
- operation and traffic management,
- maintenance,
- telematic applications for passenger service and freight service.
2. Description of subsystems
For each subsystem or subsystem, the list of components and aspects related to interoperability is proposed by the Agency during the development of the corresponding ITS project.
Without prejudging the determination of these aspects or components of interoperability, or the order in which subsystems will be subject to ITS, subsystems include:
2.1. Infrastructure
The current track, track equipment, works of art (ponts, tunnels, etc.), infrastructure associated with the stations (whether, access areas, including the needs of people with reduced mobility, etc.), safety and protection equipment.
2.2. Energy
The electrification system, including air equipment and onboard parts of the electrical consumption measurement device.
2.3. Control and signalling
All equipment necessary to ensure the safety, control and control of the movement of the trains authorized to circulate on the network.
2.4. Traffic operations and management
The associated procedures and equipment to ensure consistent operation of the various structural subsystems, both during normal operation and during degraded operations, including train training and driving, traffic planning and management.
Professional qualifications required for cross-border services.
2.5. Telematic applications
In accordance with Schedule 1st, this subsystem includes two parts:
(a) passenger service applications, including passenger information systems prior to and during travel, booking systems, payment systems, baggage management, train correspondence management and other modes of transportation;
(b) Cargo service applications, including information systems (real-time tracking of goods and trains), yard and assignment systems, reservation, payment and billing systems, correspondence management with other modes of transport, the production of accompanying electronic documents.
2.6. rolling stock
The structure, control and control system of all train equipment, current capture devices, traction and energy transformation equipment, braking, mating, working parts (bogies, axles, etc.) and suspension, doors, man/machine interfaces (conductor, personnel on board, passengers, including the needs of people with reduced mobility), passive safety devices
2.7. Maintenance
Procedures, associated equipment, logistics maintenance facilities, reserves to ensure mandatory corrective and preventive maintenance operations planned to ensure the interoperability of the railway system and ensure the necessary performance.
Seen to be annexed to the draft law on the interoperability of the railway system within the European Community.

Annex 3 to the Law on Interoperability of the Railway System within the European Community
Annex 3
ESSENTIAL EXIGENCES
1. General scope requirements
1.1. Security
1.1.1. The design, construction or manufacture, maintenance and monitoring of critical components for safety and, in particular, elements involved in train traffic must ensure safety at the level corresponding to the network objectives, including in the specified degraded situations.
1.1.2. The parameters in the wheel-rail contact shall meet the rolling stability criteria necessary to ensure safe traffic at the maximum permissible speed. The brake equipment parameters shall allow the stopping on a braking distance given to the maximum permissible speed.
1.1.3. The components used must withstand the normal or exceptional loads specified during their service life. Their accidental failures must be limited in their impact on safety by appropriate means.
1.1.4. The design of fixed installations and rolling stock as well as the selection of materials used shall be designed to limit the production, propagation and effects of fire and smoke in the event of fire.
1.1.5. Devices intended to be manoeuvated by users must be designed so as not to compromise the safe operation of devices or the health and safety of users in case of predictable use but not in accordance with the instructions displayed.
1.2. Reliability, availability
Monitoring and maintenance of stationary or mobile components involved in train traffic shall be organized, conducted and quantified to maintain their function under the conditions provided.
1.3. Health
1.3.1. Materials that may, in their mode of use, endanger the health of people with access must not be used in trains and railway infrastructure.
1.3.2. The choice, implementation and use of these materials must be aimed at limiting the emissions of harmful and dangerous smoke or gases, particularly in the event of fire.
1.4. Environmental protection
1.4.1. The environmental impacts of the introduction and operation of the railway system must be assessed and taken into account in the design of the system in accordance with existing Community provisions.
1.4.2. Materials used in trains and infrastructure must avoid the issuance of harmful and environmentally hazardous smoke or gas, particularly in the event of fire.
1.4.3. The rolling stock and power supply systems shall be designed and constructed to be compatible, in electromagnetic matter, with the facilities, equipment and public or private networks with which they may interfere.
1.4.4. The operation of the railway system must meet the regulatory levels for sound nuisance.
1.4.5. The operation of the railway system must not be at the origin, in the ground, of an unacceptable level of vibration for the activities and the environment crossed close to the infrastructure and in normal maintenance.
1.5. Technical compatibility
The technical characteristics of the infrastructure and fixed installations shall be compatible with each other and with those of the trains to be operated on the railway system.
When compliance with these features is difficult in some parts of the network, temporary solutions, ensuring future compatibility, can be implemented.
2. Specific requirements for each subsystem
2.1. Infrastructure
2.1.1. Security
Appropriate arrangements must be made to avoid undesirable access or intrusion in facilities.
Arrangements must be made to limit the dangers of people, particularly when trains are passing through stations.
The infrastructure to which the public has access must be designed and implemented in a manner that minimizes the risks to the safety of persons (stability, fire, access, evacuation, dock, etc.).
Appropriate arrangements shall be made to take into account the special safety conditions in tunnels and viaducts of large length.
2.2. Energy
2.2.1. Security
The operation of power supply facilities shall not compromise the safety of trains or persons (users, operating personnel, residents and third parties).
2.2.2. Environmental protection
The operation of electrical or thermal power installations shall not disrupt the environment beyond the specified limits.
2.2.3. Technical compatibility
Electrical/thermal power supply systems used shall:
- allow trains to perform the specified performance,
- in the case of electrical power supply systems, be compatible with the capture devices installed on the trains.
2.3. Control and signalling
2.3.1. Security
The control and signalling systems and procedures used shall enable the movement of trains with the level of safety corresponding to the network objectives. Control and signalling systems shall continue to allow the safe operation of the trains authorized to operate in a specified degraded situation.
2.3.2. Technical compatibility
Any new infrastructure and any new rolling stock built or developed after the adoption of compatible control and signalling systems must be adapted to the use of these systems.
The control and signalling equipment installed in the train stations shall allow normal operation, under the specified conditions, on the railway system.
2.4. rolling stock
2.4.1. Security
The structures of the rolling stock and the connections between the vehicles shall be designed to protect the spaces where passengers are located and the driving spaces in the event of collision or derailment.
Electrical equipment shall not compromise the operating safety of control and signalling facilities.
Braking techniques and efforts must be consistent with the design of lanes, works of art and signalling systems.
Arrangements must be made with regard to access to the energetic components so as not to endanger the safety of persons.
In the event of danger, devices shall allow passengers to warn the driver and the accompanying personnel to contact the driver.
Access doors must be equipped with a closing and opening system that ensures passenger safety.
Emergency exits must be planned and reported.
Appropriate arrangements shall be made to take into account the special safety conditions in long tunnels.
An emergency lighting system of sufficient intensity and autonomy is mandatory on trains.
Trains must be equipped with a sonorization system allowing the transmission of messages to passengers by on-board staff.
2.4.2. Reliability, availability
The design of vital equipment, bearing, traction and braking as well as control-control shall allow, in a specified degraded situation, the continuation of the train mission without adverse consequences for the equipment remaining in service.
2.4.3. Technical compatibility
Electrical equipment must be compatible with the operation of control and signalling facilities.
In the case of electric traction, the characteristics of current capture devices shall allow the movement of trains under the power supply systems of the railway system.
The characteristics of the rolling stock shall enable it to circulate on all lines on which its operation is planned, taking into account the prevailing climatic conditions.
2.4.4. Monitoring
Trains must be equipped with a recording device. Data collected by this device and data processing shall be harmonized.
2.5. Maintenance
2.5.1. Health and safety
Technical facilities and procedures used in the centres must ensure safe operation of the subsystem concerned and not constitute a danger to health and safety.
2.5.2. Environmental protection
Technical facilities and procedures used in maintenance centres shall not exceed the eligible levels of nuisance for the surrounding environment.
2.5.3. Technical compatibility
Maintenance facilities dealing with rolling stock must allow for safety, hygiene and comfort operations on all equipment for which they were designed.
2.6. Traffic operations and management
2.6.1. Security
Coherence of network operating rules and the qualification of drivers, flight attendants and control centres must ensure safe operation, taking into account the different requirements of cross-border and internal services.
Maintenance operations and intervals, training and qualification of maintenance personnel and control centres, as well as the quality assurance system in the control and maintenance centres of the operators concerned must ensure a high level of safety.
2.6.2. Reliability, availability
Maintenance operations and intervals, training and qualification of maintenance personnel and control centres, as well as the quality assurance system implemented by the operators involved in the control and maintenance centres, must ensure a high level of reliability and availability of the system.
2.6.3. Technical compatibility
Coherence of network operating rules and the qualification of drivers, flight attendants and traffic management personnel must ensure the efficiency of operation on the railway system, taking into account the different requirements of cross-border and internal services.
2.7. Telematic applications for passengers and freight
2.7.1. Technical compatibility
The essential requirements in the area of telematic applications guarantee a minimum quality of service to passengers and customers in the goods sector, particularly in terms of technical compatibility.
For these applications, it is necessary to ensure that:
- databases, software and data communication protocols are developed to ensure maximum data exchange opportunities between different applications and different operators, excluding confidential business data,
- information is easily accessible to users.
2.7.2. Reliability, availability
Methods of using, managing, updating and maintaining these databases, software and data communication protocols must ensure the effectiveness of these systems and the quality of service.
2.7.3. Health
Interfaces of these systems with users must comply with the minimum ergonomic and health protection rules.
2.7.4. Security
Sufficient levels of integrity and reliability must be ensured for the storage or transmission of security-related information.
Seen to be annexed to the draft law on the interoperability of the railway system within the European Community.

Annex 4 to the Law on Interoperability of the Railway System within the European Community
Annex 4
DECLARATION "EC" OF CONFORMITY AND APPENDIX TO THE CONSTITUANTS OF INPERABILITY
1. Interoperability constituents
The "EC" declaration applies to the interoperability components concerned by the interoperability of the railway system referred to in section 4. These interoperability components may be:
1.1. Banalized constituents
These are components that are not specific to the railway system and that can be used in other areas.
1.2. Banalized components with specific characteristics
These are components that are not as such specific to the railway system but must demonstrate specific performance when used in the railway field.
1.3. Specific constituents
These are components that are specific to railway applications.
2. Scope
The "EC" declaration concerns:
- the assessment, by a notified body(s), of the intrinsic conformity of an interoperability component, considered in isolation, with the technical specifications to be met,
- either the assessment/appreciation, by a notified body(s), of the suitability of the use of an interoperability component, considered in its railway environment, in particular in the case where interfaces are at stake, in relation to technical specifications, particularly of a functional nature, that must be verified.
The evaluation procedures implemented by the notified bodies at the design and production stage use the modules defined in Decision 93/465/EEC according to the conditions specified in ITS.
3. Contents of the "EC" declaration
The "EC" declaration of conformity or fitness to employment and the accompanying documents must be dated and signed.
This statement must be in the same language as the instruction notice and include the following:
- references to Directive 2008/57/EC,
- name and address of the manufacturer or agent established in the Community (indicate the social reason and the full address; in case of agent, also indicate the manufacturer’s social reason),
- description of the interoperability component (mark, type, etc.),
- indication of the procedure followed to declare conformity or fitness to employment (Article 14),
- all relevant descriptions to which the interoperability component responds and in particular the conditions of use,
- name and address of the body (organizations) notified that has (are) intervened in the procedure followed with respect to the conformity or fitness to employment and date of the certificate of examination, if any, with the duration and conditions of validity of the certificate,
- if applicable, reference to European specifications,
- identification of the signatory that has been authorized to hire the manufacturer or its agent established in the Community.
Seen to be annexed to the draft law on the interoperability of the railway system within the European Community.

Annex 5 to the Law on Interoperability of the Railway System within the European Community
ANNEX 5
DECLARATION "EC" OF VERIFICATION OF SOUS-SYSTEMS
The "EC" audit statement and accompanying documents must be dated and signed.
This statement should be in the same language as the technical record and include the following:
- references to Directive 2008/57/EC,
- name and address of the procuring entity or manufacturer, or its agent established in the Community (indicate the social reason and the full address; in case of an agent, also indicate the social reason of the procuring entity or manufacturer),
- brief description of the subsystem,
- name and address of the notified organization that conducted the "EC" verification referred to in section 23,
- references to the documents contained in the technical file,
- all relevant interim or final provisions to be met by the subsystem, and in particular, where appropriate, restrictions or operating conditions,
- duration of the declaration "EC", if it is provisional,
- signatory identification.
Seen to be annexed to the draft law on the interoperability of the railway system within the European Community.

Annex 6 to the Law on Interoperability of the Railway System in the European Community
Annex 6
CE VERIFICATION PROCEDURE FOR SOUS-SYSTEMS
1. Introduction
The "EC" verification is the procedure by which a notified body checks and certifies that the subsystem is:
- in accordance with the provisions of Directive 2008/57/EC,
- in accordance with other regulatory provisions resulting from the treaty, and may be put into service.
2. Steps
The subsystem verification includes the following steps:
- overall design,
- production: construction of the subsystem, including the execution of civil engineering works, the manufacture, the assembly of the components, the adjustment of the whole,
- final subsystem tests.
With respect to the design phase (including type tests) and the production phase, the procuring entity or the manufacturer, or their representative in the Community may request a screening assessment.
In this case, this or these assessments lead to one or more intermediate control certificates (ICA) issued by the notified body selected by the applicant. The notified body, in turn, confirms the subsystem's intermediate control certificates for the relevant phases.
3. Certificate
The notified body that is responsible for the "EC" audit assesses the design and production of the subsystem and establishes the verification certificate for the applicant, which in turn establishes the "EC" verification declaration for the guardianship authority of the Member State in which the subsystem is established and/or operated.
If they exist, the notified body shall take into account the ACIs, and in order to issue the "EC" verification certificate:
- checks the subsystem:
- is covered by design and production ACIs, if the applicant has asked the notified body for both phases, or
- is, as manufactured, in accordance with all aspects covered by the Design ICA granted to the applicant, if requested by the notified body with respect to the design phase only,
- checks that they meet the requirements of ITS and evaluates design and production elements not covered by ITA design and/or production.
4. Technical record
The technical record accompanying the audit declaration shall be as follows:
- for infrastructure: plans of works, minutes of reception of excavations and ferrilization, test reports and concrete control, etc.,
- for other subsystems: general and detailed plans conforming to execution, electrical and hydraulic diagrams, control circuit diagrams, description of computer systems and automations, operating and maintenance instructions, etc.,
- list of interoperability components referred to in Article 4 incorporated in the subsystem,
- copies of the "EC" declarations of conformity or suitability of employment to which the said constituents shall be provided in accordance with the provisions of section 14 of the Act, together with, where appropriate, the corresponding calculation notes and a copy of the records of the tests and examinations carried out by notified bodies on the basis of the common technical specifications,
- if applicable, the ACIs and, if so, the "EC" intermediate verification declarations of the subsystem accompanying the "EC" verification certificate, including the result of the verification of their validity by the notified body,
- certificate from the notified body responsible for the audit "EC", certifying that the project is in accordance with the provisions of Directive 2008/57/EC, accompanied by the corresponding calculation notes referred to in its care, specifying, where appropriate, the reservations made during the execution of the work that would not have been lifted; the certificate is also accompanied by the inspection and audit reports that the organization has prepared as part of its mission, as specified in points 5.3 and 5.4.
5. Monitoring
5.1. The purpose of the "EC" monitoring is to ensure that, during the completion of the subsystem, the obligations arising from the technical record have been met.
5.2. The notified body responsible for verifying the realization must have access to the construction sites, manufacturing workshops, storage areas and, where appropriate, prefabrication facilities, testing facilities, and more generally to all places that it may consider necessary for the fulfilment of its mission. The applicant must hand over or hand over all relevant documents to the subsystem, including the implementation plans and technical documentation.
5.3. The notified body responsible for verifying compliance must conduct periodic audits to ensure that the provisions of the Act are complied with. It must provide an audit report on this occasion to the professionals responsible for the realization. It may be necessary that it be present during certain phases of the construction site.
5.4. In addition, the notified body can conduct unannounced visits to the construction site or manufacturing workshops. On the occasion of these visits, the notified body may conduct full or partial audits. It must provide a visit report and, if necessary, an audit report to the professionals responsible for the implementation.
5.5. In order to issue the "EC" statement of suitability for employment referred to in Schedule 4, Section 2, the notified organization must be able to control a subsystem in which an interoperability component is incorporated so as to determine, if the corresponding STI so requires, its ability to use in the railway environment to which it is intended.
6. Deposit
The complete record referred to in item 4 shall be filed with the applicant in support of the ACI declaration, if any, issued by the notified body responsible for ACI or the verification certificate issued by the notified body responsible for the verification of the subsystem in order of operation. The file is attached to the ACI statement and/or the "EC" verification statement that the applicant addresses to the security authority.
A copy of the file is retained by the applicant throughout the life of the subsystem. The file is communicated to other Member States upon request.
7. Publication
Each notified body periodically publishes relevant information concerning:
- requests for "EC" audit received,
- ACI issued or refused,
- verification certificates issued or refused,
8. Language
Records and correspondence relating to verification procedures "EC" are written in an official language of the Member State where the applicant is established or in a language accepted by the applicant in accordance with applicable legislation.
Seen to be annexed to the draft law on the interoperability of the railway system within the European Community.

Annex 7 to the Law on Interoperability of the Railway System within the European Community
Annex 7
CONTROL PARAMETERS FOR THE MISE IN SERVICE OF VEHICLES UNDERSTANDING STI AND CLASSIFICATION OF NATIONAL REGULATIONS
1. List of parameters
1.1. General documentation
General documentation (including the description of the new vehicle, renewed or redesigned and its intended use, design, repair, operation and maintenance information, technical documentation, etc.).
1.2. Structure and mechanical parts
Mechanical integrity and interface between vehicles (including pads and traction organs, corridors/passers), robust vehicle structure and equipment (e.g., seats), load capacity, passive safety (including internal and external shock resistance).
1.3. Vehicle/railway and gauge
Mechanical interfaces to the infrastructure (including static and dynamic behavior, games and tolerances, template, bearing organs, etc.).
1.4. Braking equipment
Braking devices (including locking protection, braking control, braking power in service, parking and emergency modes).
1.5. Passenger-related devices
Facilities for passengers and passenger environment (including windows and passenger car doors, the special needs of people with reduced mobility, etc.).
1.6. Environmental conditions and aerodynamic effects
The impact of the environment on the vehicle and the impact of the vehicle on the environment (including aerodynamic conditions, the interface between the vehicle and the "ground" part of the railway system and the interface with the outside environment).
1.7. External warning, signal, software integrity requirements
Exterior warnings, signals, functions and software integrity, such as security-conditioning functions that affect the train behaviour, including the train bus.
1.8. Power and control systems on board
On-board propulsion, power and control systems, vehicle interface with energy supply infrastructure and all aspects of electromagnetic compatibility.
1.9. Facilities for staff, interfaces and environment
Facilities on board, interfaces, conditions and the working environment of staff (including driving stations, the driver-machine interface).
1.10. Fire protection and evacuation
1.11. Maintenance
On-board installations and maintenance interfaces
1.12. Control and signalling on board
All of the on-board equipment used to ensure safety, control and control the movement of the trains authorized to circulate on the network and its effects on the "ground" part of the railway system.
1.13. Specific operational requirements
Specific operational requirements of vehicles (including degraded mode, vehicle troubleshooting, etc.).
1.14. Freight-related devices
Cargo-specific requirements and environments (including facilities specific to dangerous goods).
The explanations and examples described above in italics are given only as information and do not constitute the definitions of parameters.
2. Classification of rules
The national rules for the parameters identified in point 1 are assigned to one of the three groups specified below. Strictly local rules and restrictions are not concerned; their audit is part of the controls to be put in place by mutual agreement by railways and infrastructure managers.
Group A
Group A includes:
- international standards,
- national rules that are deemed to be equivalent in terms of railway safety to national rules of other Member States.
Group B
Group B includes any rule that does not fall within group A or C, or that has not yet been classified into one of these groups.
Group C
Group C includes rules that are strictly necessary and related to the technical characteristics of the infrastructure for safe and interoperable operation in the network concerned (e.g. the template).
Seen to be annexed to the draft law on the interoperability of the railway system within the European Community.

Annex 8 to the Law on Interoperability of the Railway System within the European Community
ANNEX 8
MINIMUM CRITES DEVANT ETRE PRIS EN CONSIDERATION BY MEMBER STATES FOR THE NOTIFICATION OF ORGANISMS
1. The body, its director and the personnel responsible for conducting audit operations may not intervene, either directly or as agents, in the design, manufacture, construction, marketing or maintenance of interoperability components or subsystems, or in the operation. This does not exclude the possibility of an exchange of technical information between the manufacturer and the body.
2. The audit body and staff shall perform the audit operations with the highest professional integrity and technical competence and shall be free of all pressures and incentives, including financial incentives, that may influence their judgment or the results of their control, in particular those from individuals or groups of persons interested in the results of the audits.
In particular, the auditing agency and staff must be functionally independent of the designated authorities to issue the commissioning authorizations under Directive 2008/57/EC, the licences under Directive 95/18/EC, and the security certificates under Directive 2004/49/EC, as well as the accident investigation entities.
3. The organization must have the staff and have the necessary means to carry out the technical and administrative tasks related to the conduct of the audits; it must also have access to the equipment required for exceptional checks.
4. The inspection staff must have:
- adequate technical and vocational training,
- Satisfactory knowledge of the verification requirements and sufficient practice of these audits,
- the ability to write certificates, minutes and reports that constitute the materialization of the controls performed.
5. The independence of control personnel must be guaranteed. The remuneration of each officer shall not be dependent on the number of controls it performs or the results of such controls.
6. The organization must provide civil liability insurance, unless the liability is covered by the State or the audits are carried out directly by the Member State.
7. The staff of the organization is bound by professional secrecy for all that he learns in the performance of his duties (except for the competent administrative authorities and the authorities responsible for the investigation of the accidents of the State in which he carries out his activities, as well as with respect to the bodies investigating the accidents caused by the failure of the constituents of interoperability or controlled subsystems)
Seen to be annexed to the draft law on the interoperability of the railway system within the European Community.

Annex 9 to the Law on Interoperability of the Railway System within the European Community
ANNEX 9
DOSSIER DE PRESENTATION DEROGATION
The request for exemption includes the following documents:
(a) A formal letter communicating to the Commission the proposed exemption.
(b) A record, annexed to the letter, including at least:
- a description of the work, goods and services subject to the exemption, specifying key dates, geographic location and functional and technical domain,
- a specific reference to ITS (or parts thereof) for which an exemption is requested,
- a specific reference and details of the replacement provisions to be applied,
- for requests under Article 10, paragraph 1, point 1°, the justification for the advanced stage of development of the project,
- justification for the exemption, including the main reasons of a technical, economic, commercial, operational and/or administrative nature,
- any other element justifying the request for exemption,
- a description of the measures the Member State plans to take to promote the final interoperability of the project. If this is a minor derogation, this description is not required.
The documentation must be provided in both paper and electronic files, allowing its distribution among committee members.
Seen to be annexed to the draft law on the interoperability of the railway system within the European Community.