Regulation on the interoperability of the trans-European rail system

Original Language Title: Verordnung über die Interoperabilität des transeuropäischen Eisenbahnsystems

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Regulation on the interoperability of the trans-European rail system (Trans-European Railway Interoperability Regulation-TEIV)

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TIV

Date of completion: 05.07.2007

Full quote:

" Trans-European Railway Interoperability Ordinance of 5 July 2007 (BGBl. 1305), as last amended by Article 1 of the Regulation of 30 March 2015 (BGBl). 420) has been amended "

Status:

Last amended by Art. 1 V v. 30.3.2015 I 420

For more details, please refer to the menu under Notes
This Regulation shall be used for the implementation of Directive 2004 /49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95 /18/EC on the issue of Authorisations for railway undertakings and Directive 2001 /14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 327, 22.7.2001, p. EU No OJ L 164, p. 16), as last amended by Directive 2004 /50/EC of the European Parliament and of the Council of 29 April 2004 (OJ L 220, 30.4.2004, p. EU No L 164 p. 114, No 40), as well as the implementation of Council Directive 96 /48/EC on the interoperability of the trans-European high-speed rail system of 23 July 1996 (OJ L 200, 30.7.1996, p. EC No 6), and Directive 2001 /16/EC of the European Parliament and of the Council on the interoperability of the conventional rail system of 19 March 2001 (OJ L 327, 22.3.2001, p. EC No 1), as last amended by Directive 2004 /50/EC of the European Parliament and of the Council of 29 April 2004 (OJ L 136, 31.5.2004, p. EU No L 164 p. 114, No L 220 p. 40).

Footnote

(+ + + Text certificate: 14.7.2007 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 48/96 (CELEX Nr: 396L0048) 
 ERL 49/2004 (CELEX Nr: 304L0049) 
 EGRL 16/2001 (CELEX Nr: 301L0016) + + +)

The V was defined as Article 1 of the V v. 5.7.2007 I 1305 by the Federal Ministry of Transport, Building and Urban Development in agreement with the Federal Ministry of Finance and the Federal Ministry of Economics and Technology with the approval of the Federal Council . She's gem. Article 8, first sentence, of this V mWv 14.7.2007 entered into force.

Part one
General provisions

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§ 1 Scope

(1) This Regulation lays down the conditions for the interoperability of the rail system in the European Union in accordance with Directive 2008 /57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system Railway systems in the Community (recast) (OJ C 327, 28.4. 1), as last amended by Directive 2014 /38/EU (OJ L 197, 21.7.2014, p. 20). (2) This Regulation shall apply to the rules-based railway system and shall include:

1.: planning,
2.: the construction,
3.: the commissioning,
4.: the conversion,
5.: the renewal,
6.: the operation and
7.: maintenance

of elements of this system. (3) This Regulation shall not apply to:

1.: Networks of regional transport and regional railways;
2.: Railway infrastructure of non-public railways of freight transport and of vehicles exclusively used for this purposes;
3.: railway infrastructures and vehicles used exclusively for historical or tourist purposes;
4.: Railway infrastructure of service facilities as well as for vehicles that operate exclusively on these infrastructures.

The first sentence shall not apply to the infrastructure of the trans-European network referred to in Appendix 1 and to the vehicles running on those infrastructures, unless they are concerned with the subsequent and non-trans-European network. Infrastructures and the vehicles that transport them. These vehicles may return to the next railway station of an infrastructure belonging to the trans-European network in accordance with Annex 1. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.: "interoperability" means the suitability of the rail system for safe and continuous train traffic;
2.: "subsystems" means the structural and functional subsystems listed in Annex II to Directive 2008 /57/EC;
3.: "interoperability constituents" means components, groups of components, sub-assemblies or complete assemblies of materials, including computer programs and other intangible products incorporated or intended to be incorporated into a subsystem;
4.: "basic requirements" means the totality of the conditions set out in Annex III to Directive 2008 /57/EC;
5.: "Technical Specifications for Interoperability" (TSI), specifications referred to in Chapter II of Directive 2008 /57/EC, which apply to each subsystem or part thereof with a view to meeting the essential requirements, and which: ensuring interoperability;
6.: "notified bodies" means bodies within the meaning of Chapter VI of Directive 2008 /57/EC, which are responsible for assessing the conformity or suitability for use of the interoperability constituents, or for carrying out the EC verification procedure for subsystems;
7.: "conversion" means modifications to a subsystem or a part thereof, which will alter the overall performance of the subsystem;
8.: "renewal" means work to replace a subsystem or part thereof, which does not alter the overall performance of the subsystem;
9.: "replacement in the course of maintenance work" means the replacement of components in the context of maintenance or repair work by means of parts of the same function and performance;
10.: "test drives" means journeys for the practical testing of new technical or operational parameters of vehicles and journeys for the testing of the safe operation of vehicles;
11.: "authorised representative" means the person who has been commissioned by the manufacturer of an interoperability constituent in a written declaration to act on his behalf in respect of certain obligations imposed on him under this Regulation;
12.: "series" means a number of identical vehicles of a particular type;
13.: "serial authorisation" means the approval of a series of vehicles;
14.: "Vehicle type" type in accordance with the basic design characteristics of the vehicle, in accordance with a single EC type-examination certificate in accordance with Annex I Module SB of the Commission Decision 2010 /713/EU of 9 November 2010 on modules for the procedures the assessment of conformity and suitability for use as well as the EC verification to be used in the technical specifications for interoperability adopted pursuant to Directive 2008 /57/EC of the European Parliament and of the Council (OJ L 327, 22.9.2008, p. OJ L 319, 4.12.2010, p. 1).

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§ 3 fulfilment of the essential requirements

The railway system, its subsystems and the interoperability constituents, including interfaces, shall meet the essential requirements referred to in Annex III to Directive 2008 /57/EC. Unofficial table of contents

§ 4 Technical Specifications for Interoperability

(1) Technical specifications for interoperability (technical specifications) shall be applied in accordance with Annexes 1 and 2. The application of technical specifications which are directly applicable to Community law shall remain unaffected. (2) New technical specifications or amendments thereto shall not require adaptations to existing infrastructure or vehicles, but shall only be applied in the case of conversions or renewals. Sentence 1 shall not apply, provided that an obligation to adapt is expressly laid down. In the case of retooling or renewal, the technical specifications shall apply with regard to the respective conversion and renewal.

Part two
Granting of the authorisation for placing in service

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§ 5 Exceptions to the application of technical specifications

(1) Exceptions to the application of certain technical specifications may be authorised by the safety authority on written request

1.: in the case of projects relating to the construction, renewal or conversion of a route or of vehicles, to the extent that they are at the time of publication of the technical specifications at an advanced stage of development or subject to a are in the execution of the contract;
2.: in the case of projects for the renewal, extension or conversion of a route or of vehicles, in so far as the application of the technical specifications is the economic viability of the project or the connection of the railway system in the Federal Republic of Germany;
3.: in the event of an accident, including a terrorist attack or a natural disaster, in the event of partial or complete application of the relevant technical specifications, a rapid re-establishment of the network is not reasonable or technically unreasonable;
4.: in the case of vehicles of the conventional part of the railway system, which shall also operate in third countries with a track gauge other than the control track gauge.

(2) The applicant shall attach complete documentation to the application with the information provided for in Annex IX (b) of Directive 2008 /57/EC. The safety authority may require that the application be submitted in electronic form and in a specific file format. (3) The safety authority shall inform the Commission in accordance with the provisions of Article 9 (2) of Directive 2008 /57/EC on: the application. It shall forward to the Commission a list of projects referred to in paragraph 1, point 1, in the advanced stage of development referred to in Article 2 (t) of Directive 2008 /57/EC, within one year of the entry into force of each of the Technical specification. (4) The decision of the safety authority shall be taken in writing after the procedure provided for in Article 9 (2), (4) and (5), in conjunction with Article 29 of Directive 2008 /57/EC, is completed. Where the safety authority allows exceptions to the applicability of technical specifications referred to in paragraph 1, it shall draw up a list of the national provisions to be applied instead and shall forward it to the Commission. Unofficial table of contents

§ 6 Commissioning approval of structural subsystems

(1) The initial entry into service of a structural subsystem shall be subject to approval (authorisation for placing in service), unless otherwise specified in the applicable technical specifications. This applies without prejudice to a prior plan determination or planning permission for the project. (2) The commissioning authorisation may be requested by

1.: Railways pursuant to Article 2 (1) of the General Railway Act,
2.: Holders of vehicles or
3.: Manufacturers.

The written application and the documents required for the examination must be submitted in German. (3) If technical specifications are to be applied for a structural subsystem in accordance with § 4, the commissioning approval shall be granted issue with proof

1.: an EC declaration of verification in accordance with Article 18, in conjunction with Annex V to Directive 2008 /57/EC, including the technical documentation, after a notified body has carried out an EC verification procedure in accordance with Annex VI to Directive 2008 /57/EC, and certificate of conformity issued,
2.: compliance with the other legislation which is required for the fulfilment of the essential requirements,
3.: the usefulness of the structural subsystem in the rail system; and
4.: compliance with those provisions which must be complied with in the case of the granting of an exemption pursuant to § 5 instead of the technical specifications.

The safety authority may, in so far as a structural subsystem for which an EC declaration of verification is available together with the necessary documents, and which, despite a certificate of conformity issued, does not fully comply with the essential requirements It is sufficient to arrange for the applicant to be able to carry out additional tests before issuing the permit and to submit the result of such tests. The decision referred to in the first sentence shall be taken in the cases referred to in points 2, 3 and 4 of the first sentence, subject to the following rates, on the basis of the technical rules applicable at the time when the application is submitted. If the application is more than seven years back, the technical set of rules applicable at the time of expiry of that period shall be based on the technical rules applicable. Where the validity of the certificate of conformity referred to in the first paragraph of point 1 of the notified body ends before the end of the seven-year period, the technical set of rules applicable at the time of expiry of that period shall be based on the technical rules applicable. In the case of a subsystem already approved, the conditions under which the competent supervisory authority shall take measures pursuant to Section 5a (2) of the General Railways Act shall be known up to the granting of the commissioning approval. , the safety authority may, in the case of a subsystem to be approved, which is comparable with regard to its design and function,

1.

order that

a): the applicant must be required to carry out additional tests and to produce the result before the authorisation is granted,
b): the applicant has to comply with amendments to the technical regulations that have been issued after the date of submission of the application,

2.

carry out the tests referred to in point 1 (a) itself, or

3.

The commissioning authorisation shall be accompanied by secondary provisions.

(4) Where technical specifications are not yet applicable to a structural subsystem, the safety authority shall take the decision on the authorisation to enter into service.

1.: compliance with the legislation applicable to the structural subsystem, in so far as it meets the essential requirements referred to in the first sentence of paragraph 3, point 2, and
2.: the usefulness of the structural subsystem in the railway system referred to in paragraph 3, first sentence, point 3.

(6) Vehicles which are not covered by the Technical Specifications, shall not be subject to any further acceptance or other railway authorization. (6) may be returned without authorisation if they are approved for public transport in accordance with other railway regulations. (7) Test drives require special permission. Authorisation may be requested from the applications referred to in the first sentence of paragraph 2 (1) to (3) and shall be issued by the safety authority if it has been shown that the test drives do not affect the safety of the railway operation (8) The safety authority shall decide on an application for authorisation to enter into service without delay, but no later than four months after the submission of the documents required for the decision. If, before the expiry of the period, the safety authority finds deficiencies in respect of the documents submitted, it shall have the opportunity of eliminating the applicant. In the case of the second sentence, the time limit as set out in the first sentence of this paragraph shall be inhibited until the deficiencies have been removed. (9) The holder of an authorisation for placing in service of a vehicle shall have a European vehicle number within the meaning of Article 32 (1) during the first start-up period. Directive 2008 /57/EC shall be affixed to the vehicle in accordance with the instructions of the safety authority. (10) The authorisation for placing in service and the special authorisation referred to in paragraph 7 may be accompanied by secondary provisions to the extent that this is necessary to ensure the Fulfilment of the essential requirements or to ensure safety of railway operations. Unofficial table of contents

§ 7 Series approval

(1) Vehicles to be manufactured as standard as well as to be retrofitted or to be renewed, which require a commissioning permit, may

1.: Railways,
2.: the holder of railway vehicles, or
3.: Manufacturer

Apply to the safety authority for approval of the vehicle series. (2) The serial authorisation shall be issued if:

1.: the first vehicle of a series tested in the Federal Republic of Germany, or
2.: the first tested or refurbished vehicle of a series is issued with a commissioning permit.

The serial authorisation shall be limited to seven years and, at the latest, to the period of validity of the certificate of conformity of the notified body referred to in Article 6 (3), first sentence, point 1. The serial authorisation shall be renewed on request, and the first sentence shall apply mutatily. The admissibility of the commissioning in accordance with paragraph 3 shall not be affected by the expiry of the serial admission on the basis of the expiry of the time limits set out in sentence 2. (3) By way of derogation from § 6 (3) and (4) and from § 9 (1), a commissioning approval shall be granted not required for the individual vehicles of the approved vehicle series. The holder may, during the period of validity of the serial authorisation, put into service the vehicles matching the approved series without any further official decision. The owner of the serial authorisation shall declare the conformity in writing and submit this declaration together with a copy of the serial authorisation and the associated facilities with each individual vehicle of the approved series to the holder. The holder or his authorised representative shall keep the above-mentioned documents during the whole period of use of the vehicle and shall submit them at the request of the safety authority. Section 14 (1) shall apply in accordance with. (4) The holder shall not put the vehicle into operation until the end of the period of time, if

1.: the European vehicle number is awarded in accordance with Article 6 (9);
2.: which is attached to the vehicle in accordance with Article 6 (9) and
3.: the vehicle is entered in the vehicle registration register with the number required for entry into service pursuant to § 20 (2)

has been made. The safety authority shall decide on vehicles to be converted or to be renewed in accordance with Article 9 (1) with the serial approval of the requirement of registration pursuant to the first sentence of the first sentence and the modification of the European vehicle number. (5) safety-related defects in vehicles of an approved series are detected, further vehicles of the approved series may be put into service only in accordance with paragraph 3 if they are free of these defects or if the safety is due to: compensating measures. (6) Railways, holders and manufacturers or their Legal successor companies must inform each other and the safety authority immediately after they have been informed about safety-related defects of vehicles of a serial authorisation. Unofficial table of contents

§ 7a Approval of vehicle variants

(1) For a vehicle which is in conformity with the vehicles of a series approved in accordance with section 7 (2) in parts (vehicle variant), the commissioning approval may be requested on the basis of the serial approval. The commissioning approval for the vehicle variant shall be granted at

1.

Presentation of the serial authorisation for the first series and a declaration by the applicant in which parts the vehicle variant is in conformity with the first series, and

2.

Proof of compliance with the requirements of § 6 (3) or (4) for the

a): parts of the vehicle variant that do not correspond to the first series, and
b): Impact on the vehicle as a whole.

The decision pursuant to sentence 2 shall be taken by the safety authority on the basis of the state of the technical rulebook, which was applicable to the first series in accordance with Article 6 (3) sentence 3 in conjunction with Section 7 (2). If the application for the authorisation of the first series is more than seven years back, the fourth sentence of Paragraph 6 (3) shall apply accordingly. § 6 (3) sentence 5 and 6 shall apply accordingly. (2) For a vehicle variant, a series approval pursuant to § 7 (1) may be applied for. The serial authorisation shall be issued if the test vehicle tested is granted an authorisation for placing in service in accordance with paragraph 1. (3) The provisions of paragraphs 1 and 2 shall apply in accordance with a variant of the vehicle, in parts with the vehicles of the series and in parts with further vehicle variants based on this series. The first application for serial authorisation shall be the rule of law to be applied in accordance with the third sentence of paragraph 1. Unofficial table of contents

Section 7b Approval of vehicle types

(1) The safety authority shall issue a type-approval pursuant to paragraphs 2 and 3 for vehicles and vehicles to be manufactured or manufactured in series. (2) The approval of a vehicle type may be carried out without the entry into service of a vehicle of this type. The basis of an EC type-examination according to Annex I Module SB of Decision 2010 /713/EU is granted. § 6 (2) to (10) shall apply. (3) In the context of the granting of an entry into service in accordance with § 6 for vehicles, the vehicle type shall be approved at the same time. (4) For vehicles that are compliant with an approved type of vehicle, a vehicle shall be granted. Commissioning approval pursuant to § 6 or a series approval pursuant to § 7 on the basis of a declaration of conformity in accordance with the Annex to Commission Regulation (EU) No 201/2011 of 1 March 2011 on the model of the declaration of conformity for approved Rail vehicle types (OJ L 327, 8), with a type approved in a Member State, without further technical examination. Section 6 (3), Sentence 6 shall apply accordingly. If the relevant provisions have been subsequently amended in the technical specifications or in the applicable rules on the basis of which the vehicle type has been approved, the safety authority may: Completely or partially revoked type-approval. The revocation may only extend to those parts of the type-approval which are affected by safety-related changes to the relevant provisions. The safety authority may require a renewal of type-approval only and in so far as safety-related changes have been made in the relevant provisions. Interfaces to other subsystems shall be taken into consideration. Paragraphs 1 to 3 shall apply accordingly. A revocation or renewal of the type-approval shall not affect any placing in service or series authorisations which the safety authority has already granted on the basis of approved type-approvals. (5) The safety authority shall inform the the European Railway Agency, on the basis of Article 3, in conjunction with Annex II of Commission Implementing Decision 2011 /665/EU of 4., on the basis of the granting, amended, suspended or revoked type-approvals granted in accordance with Article 3. October 2011 on the European register of approved types of rail vehicles (OJ L 327, 22.12.2011 OJ L 264, 8.10.2011, p. 32). Unofficial table of contents

Section 8 Simplified commissioning approval for vehicles with foreign commissioning approval

(1) By way of derogation from Article 6 (3) and (4), railways, holders of vehicles and manufacturers for a vehicle operated by them and already approved abroad for this purpose, which do not fully comply with the essential requirements, shall be: the technical specifications are to be approved for the purpose of placing an authorisation in the case of proof,

1.: that the putting into service of the vehicle does not affect rail safety and
2.: the technical and operational compatibility of the vehicle with the relevant operating conditions, in particular with the energy supply, the train control, the train control and the signalling, the track gauge, the light space, the load capacity of the superstructure and the buildings.

(2) The commissioning authorisation shall be requested in writing. In addition to the foreign registration of the vehicle, the documents required for the examination of the application shall be attached. In addition, information is required on the intended use, operation, maintenance and, where appropriate, the technical changes which have been made after the authorisation. (3) For the purpose of checking whether the requirements referred to in paragraph 1 (1) and (2) , the safety authority may order test drives. Section 6 (7) shall apply accordingly. Unofficial table of contents

§ 9 Extensive retrofitting and renewal of structural subsystems

(1) An extensive retrofitting or renewal of a structural subsystem beyond the exchange in the course of maintenance work requires an authorisation for placing in service in accordance with § 6, which shall be approved at the request of the operator of the structural subsystem. (2) Planned works on a structural subsystem or part of it that go beyond the exchange in the course of maintenance work shall be the safety authority of the operator of the structural subsystem with a description of the planned work, which the The safety authority shall allow an assessment of the scope and nature of the work planned to be made in writing. If the application of the technical specifications is to deviate from this, the reasons for this should be justified. The receipt of the notification shall be confirmed in writing without delay. (3) A conversion or renewal within the meaning of Appendix 3 shall be deemed to be extensive. (4) Within ten weeks of the date of receipt of the notification and of the necessary for the examination, the following shall be considered as having been necessary. Documentation shall be made by the safety authority, taking into account the applicable technical specifications, by written communication as to whether a conversion or renewal is extensive and thus a commissioning authorisation . If, before the expiry of the period, the safety authority finds deficiencies in respect of the documents submitted, it shall be given the opportunity to remedy the situation. In the case of the second sentence, the time limit set out in the first sentence shall be inhibited until the deficiencies have been removed. (5) The notification shall be deemed to be a request for authorisation to enter into service, if such authorisation is declared necessary in accordance with paragraph 4. (6) The safety authority shall have: in the case of the planned conversion or renewal of a structural subsystem with the commissioning authorisation, at the same time deciding whether or not to permit exemptions from the application of certain technical specifications, and, where applicable, to allow for the exemptions. Exceptions shall be permitted where this is proportionate and the operational safety of the railways is not jeopardised. It is also to be decided on the rules to be applied instead of the technical specifications. (7) The safety authority shall decide, within four months of the submission of all the necessary documents, at the latest on the Commissioning approval. The test shall be limited to the part of the subsystem concerned by the conversion or renewal. If, before the expiry of the period, the safety authority finds deficiencies in respect of the documents submitted, it shall have the opportunity of eliminating the applicant. In the case of the third sentence, the time limit as set out in the first sentence shall be hammered out until the deficiencies are removed.

Part Three
Interoperability constituents

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§ 10 The placing on the market and use of interoperability constituents

(1) Interoperability components may only be placed on the market if:

1.: comply with the relevant provisions of the technical specifications,
2.: they have undergone, in accordance with the technical specifications applicable in each case, an assessment of conformity and, where necessary for the verification of compliance with the essential requirements, the suitability for use, and
3.: grant an EC declaration of conformity and, where necessary to demonstrate the fulfilment of the essential requirements, a declaration of suitability for use referred to in Article 13 (1) in conjunction with Annex IV to Directive 2008 /57/EC has been made.

2. The obligation to comply with the requirements referred to in paragraph 1 shall meet the manufacturer of the interoperability constituent or his authorised representative established within the European Union. Where a manufacturer who has neither a registered office in the European Union nor an authorised representative established in the European Union, does not comply with the obligations laid down in the first sentence, or is proof of the fulfilment of the requirements referred to in paragraph 1, (3) Railways and keepers of vehicles shall have the obligation to ensure that interoperability constituents are used for the purpose of ensuring that the interoperability constituents are not subject to the requirements of the correctly installed, used as intended and maintained in accordance with schedule (4) In so far as the technical specifications do not contain complete regulations to ensure compliance with the essential requirements of the railway system, the railways and the holders of vehicles have complied with the requirements of the (5) The provisions of paragraphs 1 to 4 shall apply mutaly to composite interoperability constituents within the meaning of the second sentence of Article 13 (4) of Directive 2008 /57/EC for the purposes of their own use and in the Case of major changes to already placed on the market interoperability constituents or material changes in relation to their use. Unofficial table of contents

§ 11 impairment of essential requirements

(1) In accordance with Article 5a of the General Railway Act, where an interoperability constituent does not comply with the essential requirements, the safety authority shall adopt the procedure laid down in the second sentence of Article 14 (1) and (2) of the Directive 2008 /57/EC, and shall immediately inform the Commission and the other Member States. (2) Where the supervisory authority competent under national law is aware of facts which affect the essential requirements of: for an interoperability constituent, it shall inform the the safety authority which shall act in accordance with paragraph 1.

Fourth part
Obligations of railways, holders of railway vehicles, manufacturers

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§ 12 Duties of the railways and the holders of railway vehicles

Railway vehicles and holders of railway vehicles shall ensure that, in the operation of subsystems,

1.: the structural subsystems which they operate permanently meet the requirements resulting from the technical specifications and legislation to be applied when the authorisation is granted,
2.: an infrastructure directory or register of vehicles, in accordance with the applicable Technical Specifications and Commission Implementing Decision 2011 /633/EU of 15 September 2011 on the common specifications of the Railway infrastructure register (OJ L 196, 27.7.2001 1) has been published, updated and published on its website, the address of the website is published in the Federal Gazette, and these directories are published after their creation and after each update of the security authority shall be transmitted in an electronic file format determined by that authority.

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Section 13 Cooperative obligations

(1) Areas in the territory of the Federal Republic of Germany

1.: Railways or holders of vehicles domicated in Germany or
2.: Manufacturer of interoperability constituents or sub-systems based in Germany

that a body designated by another Member State of the European Union does not comply with the provisions of Article 28 (4) in conjunction with Annex VIII to Directive 2008 /57/EC, or the obligations arising from the use of betrauding , the Federal Railway Authority shall be informed of this. The Federal Railway Authority shall notify the Commission accordingly. (2) Paragraph 1, first sentence, shall apply mutadensely to the extent to which the indications referred to in paragraph 1 have the effect that a German notified body shall communicate with the provisions of Article 28 (4) in conjunction with Annex VIII to Directive 2008 /57/EC is not sufficient. Unofficial table of contents

§ 14 retention obligations

(1) Anyone who has been granted an authorisation to enter into service in accordance with the provisions of Part Two of this Regulation shall be obliged to authorise the placing in service and the evidence required to obtain the authorisation for placing in service for such a long period of time to store how the subsystem can be used for its intended purpose. If he sells the approved structural subsystem, the documents shall be handed out. The first sentence shall apply in accordance with the acquirer of the subsystem. (2) Change works on a subsystem or a part thereof which are not extensive shall be documented. Paragraph 1 shall apply accordingly.

Fifth Part
Notified bodies

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Section 15 Tasks of the notified bodies

(1) Named posts shall be subject to written request

1.: to assess, in the case of interoperability constituents, the conformity and suitability for use referred to in Article 13 (2) in conjunction with Annex IV (2) Directive 2008 /57/EC and in accordance with the technical specifications to be applied, and in the case of proof of to issue a certificate of conformity and, where appropriate, the suitability for use,
2.: in the case of subsystems, to carry out the EC verification referred to in Article 18 in conjunction with Annex VI to Directive 2008 /57/EC and in accordance with the technical specifications to be applied, and, in the case of proof of conformity, to carry out a test certificate in accordance with Annex VI Point 3 of Directive 2008 /57/EC and to draw up the technical documentation referred to in Article 18 (3) in conjunction with point 4 of Annex VI to Directive 2008 /57/EC and to accompany the examination certificate.

In the case referred to in point 2 of the first sentence, the notified body may issue intermediate audit certificates in accordance with Annex VI to Directive 2008 /57/EC which relate to certain phases of the test procedure or to certain parts of the subsystem. The notified body may issue certificates of conformity for a series of subsystems or certain parts of such subsystems to the extent permitted by the relevant technical specifications. (2) To be attached to the application, the Proof of conformity and, where appropriate, suitability for use. (3) The notified body must suspend or withdraw a test certificate if the conditions for the exhibition are no longer available. (4) The notified bodies must not be able to obtain the necessary information. Posts published in accordance with point 7 of Annex VI to Directive 2008 /57/EC the information provided. Personal data and operational data may not be published. The maintenance of business and commercial secrecy shall be ensured. Unofficial table of contents

Section 16 Subcontracting

(1) A notified body may use third parties to carry out parts of the EC verification procedure and of the conformity and use-fitness procedure (subcontractor). The subcontractor must have the necessary competence and reliability in order to carry out the work he has carried out properly. (2) The notified body must have a list of all its subcontractors and shall be kept on an ongoing basis. Update. Unofficial table of contents

Section 17 Other duties of the notified bodies

(1) Where a German notified body has evidence that another notified body does not comply with the provisions of Article 28 (3) in conjunction with Annex VIII to Directive 2008 /57/EC, it shall immediately inform the Federal Railways Office of the (2) A notified body has the designated bodies in the country and in the other Member States, and the supervisory and approval authorities, of all the audit certificates issued, withdrawn and refused by the notified bodies and the authorities responsible for the verification of such certificates. to inform immediately. (3) The notified bodies shall provide the supervisory authorities of other Member States with all information necessary for the implementation of the supervision of the railway system. (4) The notified bodies shall have the coordination group referred to in Article 28 (5) of Directive 2008 /57/EC work together. Unofficial table of contents

Section 18 Transfer procedure for notified bodies

(1) The application for the transfer of the duties of a notified body must be addressed in writing to the Federal Railways Office. Where this design or form is provided for, use shall be made of those forms. (2) The transfer shall be made by written communication which must result in the nature and extent of the verification competence of the notified body. The Commission shall be informed of this. Unofficial table of contents

Section 19 Revocation, revocation

(1) The delegation of the tasks of a notified body shall be withdrawn if it is known that the transfer of the criteria set out in Annex VIII to Directive 2008 /57/EC does not exist. (2) The delegation of the tasks of a designated body shall be notified to the Commission. It shall be revoked if the conditions of the transfer are subsequently omitted. The Commission shall be informed accordingly. (3) The administrative procedural provisions relating to the withdrawal and revocation shall remain unaffected.

Sixth Part
Vehicle registration registers

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Section 20 Content of the Vehicle Registration Register

(1) The vehicle registration register shall contain the content and formats used in the

1.: Points 1 and 4 of the Annex to Commission Decision 2007 /756/EC of 9 November 2007 adopting a common specification for the national recruitment register referred to in Article 14 (4) and (5) of Directives 96 /48/EC and 2001 /16/EC (OJ L 197, 21.7.2007, p. 30), as last amended by Article 5 of Decision 2012 /757/EU (OJ L 327, 28.11.2012, p. 1, L 101 of 4.4.2014, p. 15), and
2.: Annexes 1 to 4 of Decision 2007 /756/EC

(2) New vehicles must be placed in the register with the granting of the entry into service if they are not already in the national recruitment register of another Member State of the European Community; are registered. For the application for registration in the register of vehicles, the railway and the holders of vehicles shall use the standard form specified by the register authority within the meaning of Annex 4 to Decision 2007 /756/EC. (3) Railways and The register authority shall forward the necessary information referred to in paragraph 1 to the register authority in respect of its vehicles already in service on 14 July 2007, in a format determined by the register authority by 1 August 2008. The register authority shall immediately enter it in the register. (4) Railways and keepers of vehicles shall be obliged to amend the information entered in the register and for the samples relating to their vehicles to be immediately followed by the registration authority. Register authority. The register authority shall make the necessary changes to the register of vehicle registration registers. (5) The information contained in the register of vehicle registration registers shall be deleted no later than 10 years after the vehicle has been phased out. Unofficial table of contents

Section 21 Access to the register of vehicles

(1) At the request of the investigating authority in accordance with Article 5 (1f) of the General Railway Act or a safety authority or body of inquiry within the meaning of Directive 2004 /49/EC of another Member State, the register authority shall forward this the information stored in the register of vehicles as far as this is necessary for the activity of the applicant body. (2) At the request of regulatory bodies within the meaning of Directive 2001 /14/EC of the European Parliament and of the Council of 26 June 2001 on the application of the information provided for in the Regulation February 2001 on the allocation of railway infrastructure capacity and the Collection of charges for the use of railway infrastructure (OJ L 196, 27.7.2005, p. EC No 29), as last amended by Directive 2007 /58/EC of the European Parliament and of the Council amending Council Directive 91 /440/EEC on the development of the Community's railways and Directive 2001 /14/EC on the development of the Community's railways and Directive 2001 /14/EC Allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (OJ L 196, 27.7.2005, p. 44), the European Railway Agency, the railways, the holding or the owners of vehicles shall supply the register authority with information from the register of vehicles where the applicant has received a legitimate interest, and there is no reason to believe that the person concerned has an overriding interest in the exclusion of information.

Seventh Part
Final provisions

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§ 22 Administrative Offences

(1) Contrary to the provisions of Section 28 (1) (6) (a) of the General Railways Act, who intentionally or negligently is acting in accordance with the law

1.: in the first sentence of Section 6 (1) sentence 1 or section 9 (1) sentence 1, for the first time without authorisation, a structural subsystem shall be put into operation for the first time, extensive refurbelled or extensively renewed,
2.: , contrary to Article 7 (4), first sentence, a vehicle is in operation,
3.: in accordance with Article 7 (5), first sentence, another vehicle of an approved series shall be put into service; or
4.: In contrast to § 10 (1), a component referred to there shall be marketed.

(2) The administrative offence is in accordance with § 28 (1) (6) (b) of the General Railway Act, who intentionally or negligently

1.: , contrary to § 7 (3) sentence 3, a declaration or a copy referred to therein shall not be handed over or shall not be handed over in time
2.: Contrary to the fourth sentence of Article 7 (3), a document shall not be retained or not held for the prescribed period, or
3.: Contrary to Section 7 (6), information is not provided, is not correct, is not completed in full or in time.

(3) In the sense of Section 28 (1) (6) (b) of the General Railways Act, who intentionally or negligently acts as the person in charge of the company in order to act in an order

1.: a provision in Section 12 (2) concerning a security obligation referred to therein; or
2.: , contrary to § 14 (1) sentence 1, the commissioning authorisation or a proof referred to there is not stored or is not retained for the prescribed period.

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Section 23 Transitional provision

(1) For authorisations which have been requested before 20 December 2012, the technical regulations applicable on 19 December 2012 shall be applicable in the appropriate application of § 6 (3) sentences 3 to 6 of this Regulation. By way of derogation, the applicant may, in the appropriate application of § 6 (3) sentences 3 to 6, provide the necessary evidence on the basis of the technical rulebook, which was applicable on 5 May 2011. In this case, he shall inform the safety authority in writing. (2) Holders of already granted type approvals, the period of validity of which has not expired on 20 December 2012, may be rewritten to a serial authorisation in accordance with § 7 Paragraph 1. The serial authorisation shall be issued without examination of the conditions laid down in the first sentence of Article 7 (2). Unofficial table of contents

Appendix 1 (to § 1)
Scope of the Regulation

(Fundstelle: BGBl. I 2007, 1312) (... non-representable topographical map) Unofficial table of contents

Appendix 2 (to § 4)
Implementation of decisions and decisions of the Commission
on Technical Specifications for Interoperability (TSI)

1.

Common provisions

1.1

Definitions For the purposes of this Annex are:

a): Railway undertaking: a railway undertaking;
b): Infrastructure manager: an operator of the railway system;
c): advanced development projects: a project whose planning or construction has progressed to such an extent that an adaptation to changes in the technical specifications from justified legal, contractual, economic, financial, social or environmental reasons is unacceptable;
d): Type of design: the basic design of an interoperability constituent or subsystem, including its possible variants;
e): Vehicle platform: the assembly of several vehicle variants, types and series, which are in conformity with the basic design characteristics;
f): Applicants: Railways, holders of railway vehicles or manufacturers applying for a permit.

1.2

Modules for the assessment of conformity and suitability for use as well as for the EC-Examination Decision 2010 /713/EU of 9 November 2010 on modules for the procedures for assessment of conformity and suitability for use as well as of the EC verification, to be used in the technical specifications for interoperability adopted in accordance with Directive 2008 /57/EC of the European Parliament and of the Council (OJ L 196, 27.7.2008, p. 1), applies to all evaluations carried out within the framework of technical specifications which entered into force after 31 December 2010 and which have entered into force as well as with regard to the performance of national provisions. Specifications for individual characteristics Special cases for Germany contain and the subsystem to be evaluated meets the requirements laid down there, the conformity of the subsystem for this feature is given and a corresponding certificate to the Commission.

2.

Infrastructure subsystem

2.1

Conventional rail system Decision 2011 /275/EU of 26 April 2011 laying down the technical specification for interoperability of the infrastructure subsystem of the trans-European conventional rail system (OJ L 327, 22.11.2011, p. 53), as adopted by Decision 2012 /464/EU (OJ L 281, 23.11.2012, p. 20), it is necessary to apply to the infrastructure of the trans-European conventional rail system.

2.2

High-speed rail system

2.2.1

Commission Decision 2008 /217/EC of 20 December 2007 on the technical specification for interoperability of the infrastructure subsystem of the trans-European high-speed rail system (OJ L 327, 22.12.2008, p. 1), which has been amended by Decision 2012/464/EU, shall apply to the infrastructure of the high-speed rail system.

2.2.2

Commission Decision 2002/72/EC of 30 May 2002 on the technical specification for interoperability relating to the infrastructure subsystem of the trans-European infrastructure subsystem, which was partially repealed by Decision 2008 /217/EC High-speed rail system in accordance with Article 6 (1) of Directive 96 /48/EC (OJ L 327, 143, L 275 of 11.10.2002, p. 5), as set out in Decision 2012 /462/EU (OJ L 281, 23.11.2012, p. 1) has been amended to continue to apply to:

a): maintenance work relating to projects approved in accordance with Decision 2002/72/EC, and
b): Projects relating to a new route to be converted or to be renewed, to the extent that they are at an advanced stage of development at the time of publication of Decision 2008 /217/EC, or subject to an item of implementation in the implementation of Decision 2008 /217/EC Treaty.

2.2.3

The technical specifications of the infrastructure subsystem, as referred to in points 2.2.1 and 2.2.2, shall also apply to construction projects which, at the time when the structural subsystem is put into service, are not yet to be used at speeds of at least 200 kilometres per hour, if the applicant is required to apply the application.

2.2.4

The requirements of the technical specifications of the infrastructure subsystem for the design of platforms in accordance with the provisions of points 2.2.1 and 2.2.2 shall also be met in stations and stations which are not directly connected to the railway stations and to the railway stations. with at least 200 kilometres per hour of railway track, where these trains of the high-speed rail system are kept as planned.

3.

Vehicles subsystem

3.1

Conventional rail system

3.1.1

Commission Decision 2011 /229/EU of 4 April 2011 on the Technical Specification for Interoperability (TSI) on the 'Vehicles-Noise' subsystem of the trans-European conventional rail system (OJ L 206, 22.7.2011, p. 1), which has been amended by Decision 2012/464/EU, shall apply in accordance with point 3.3 to motor vehicles, passenger coaches and freight wagons of the trans-European conventional rail system.

3.1.2

Commission Decision 2006 /66/EC of 23 December 2005 on the Technical Specification for Interoperability (TSI), which was partially repealed by Decision 2011 /229/EU, on the 'Vehicles-Noise' subsystem of the trans-European conventional system Railway system (OJ L 327, 1), which has been amended by Decision 2012/462/EU, shall continue to apply in accordance with point 3.3 of this Regulation,

a): the continuation of projects approved in accordance with Decision 2006 /66/EC, and
b): Projects relating to a new vehicle to be re-retroactive or to be renewed, to the extent that such a vehicle is at an advanced stage of development at the time of publication of Decision 2011 /229/EU, or subject to an advanced stage of implementation of the vehicle of the Treaty.

Paragraph 1 (b) shall not apply where the applicant requests the application of Decision 2011 /229/EU.

3.1.3

The Commission Regulation (EU) No 321/2013 of 13 March 2013 laying down the technical specification for the interoperability of the rolling stock subsystem of the rail system in the European Union and repealing the Commission Decision 2006 /861/EC (OJ L 136, 31.4.2006, p. 1), as amended by Regulation (EU) No 1236/2013 (OJ L 327, 22.12.2013, p. 23), in some cases repealed Commission Decision 2006 /861/EC of 28 July 2006 concerning the technical specification for interoperability (TSI) relating to the 'vehicles-freight wagons' subsystem of the conventional Trans-European rail system (OJ C 1, L 345 of 29 December 2011, p. 35), which was last amended by Decision 2012/464/EU, should continue to apply in accordance with point 3.3 of this Regulation,

a): the continuation of projects approved in accordance with Decision 2006 /861/EC, and
b): Projects relating to a new vehicle to be re-used or to be renewed, to the extent that such a vehicle is at an advanced stage of development at the time of publication of Regulation (EU) No 321/2013, or subject to an advanced stage of implementation of the vehicle of the Treaty.

Paragraph 1 (b) shall not apply where the applicant requests the application of Regulation (EU) No 321/2013.

3.1.4

Commission Decision 2011 /291/EU of 26 April 2011 laying down a technical specification for the interoperability of the 'locomotives and passenger cars' sub-system of the trans-European conventional rail system (OJ L 327, 22.11.2011, p. 1), as last amended by Decision 2012/464/EU, shall apply in accordance with point 3.3 to motor vehicles and passenger coaches of the trans-European conventional rail system.

3.2

High-speed rail system

3.2.1

Commission Decision 2008 /232/EC of 21 February 2008 concerning the technical specification for the interoperability of the rolling stock subsystem of the trans-European high-speed rail system (OJ L 327, 22.11.2008, p. 22), as amended by Decision 2012/464/EU, shall apply to vehicles of the high-speed rail system in accordance with the provisions of point 3.3.

3.2.2

Commission Decision 2002/735/EC, partly repealed by Decision 2008 /232/EC of 30 May 2002 concerning the technical specification for the interoperability of the transport subsystem subsystem High-speed rail system in accordance with Article 6 (1) of Directive 96 /48/EC (OJ L 327, 402, OJ L 275, 11.10.2002, p. 13), as amended by Decision 2012/462/EU, shall continue to apply in accordance with point 3.3 of this Regulation.

a): maintenance work relating to projects approved in accordance with Decision 2002/735/EC, and
b): Projects relating to a new vehicle to be re-retroactive or to be renewed, to the extent that such a vehicle is at an advanced stage of development at the time of publication of Decision 2008 /232/EC, or subject to an advanced stage of implementation of the vehicle of the Treaty.

3.2.3

In addition to Decision 2008 /232/EC, in accordance with point 3.3 of Decision 2011 /291/EU, apply to all new, retrofit and re-renewing vehicles of the high-speed rail system, which are based on the infrastructure of the conventional the trans-European rail system.

3.3

Measures

3.3.1

For the vehicles regulated in Article 2 (2) (a) of Decision 2011 /291/EU, for which binding provisions are already being made in the context of calls for tenders on public transport services, the supply of the vehicles shall be subject to the following conditions: a more advanced stage of development.

3.3.2

The contracts already in implementation in Article 2 (2) (b) of Decision 2011 /291/EU shall also include the framework contracts, determined or determined by performance and price, and options for the provision of options from existing production contracts. and supply contracts.

3.3.3

The rolling stock of an existing building design referred to in Article 2 (2) (c) of Decision 2011 /291/EU shall also include the vehicle projects under contract no later than 31 December 2011 which do not yet have a commissioning permit , as well as all vehicles of these vehicle platforms.

4.

Energy sub-system

4.1

Conventional rail system Decision 2011 /274/EU of 26 April 2011 laying down the technical specification for interoperability of the energy subsystem of the trans-European conventional rail system (OJ L 327, 22.11.2011, p. 1), as amended by Decision 2012/464/EU, shall apply within the trans-European conventional rail system in accordance with point 4.3 of this Regulation;

a): the fixed installations of the traction power supply for the electric trains and
b): the interaction of overhead lines and current collectors.

4.2

High-speed rail system

4.2.1

Commission Decision 2008 /284/EC of 6 March 2008 concerning the technical specification for the interoperability of the energy subsystem of the trans-European high-speed rail system (OJ L 327, 22.3.2008, p. 1), as amended by Decision 2012/464/EU, shall apply within the high-speed rail system in accordance with point 4.3 of the Directive,

a): the fixed installations of the traction power supply for the electric trains and
b): the interaction of overhead lines and current collectors.

4.2.2

Commission Decision 2002/73/EC, partly repealed by Decision 2008 /284/EC, of 30 May 2002 concerning the technical specification for interoperability of the energy subsystem of the trans-European high-speed rail system in accordance with Article 6 (1) of Directive 96 /48/EC (OJ L 136, 31. 280, L 275, 11.10.2002, p. 8), as amended by Decision 2012/462/EU, shall continue to apply in accordance with the provisions of point 4.3.

a): maintenance work relating to projects approved in accordance with Decision 2002/73/EC, and
b): Projects relating to a new route to be converted or to be renewed, to the extent that they are at an advanced stage of development at the time of publication of Decision 2008 /284/EC, or subject to an item of implementation in the implementation of Decision 2008 /284/EC Treaty.

Sentence 1

a): the fixed installations of the traction power supply for the electric trains,
b): the interaction of overhead lines and current collectors, and
c): the pantographs.

4.3

Measures

4.3.1

In the conventional rail system and in infrastructures of categories II and III of the high-speed rail system, the overhead line for the operation of current collectors with rockers of the type 1950 mm (corresponding to the rocker geometry of the decision) is 2011 /291/EU, Section 4.2.8.2.9.2.2).

4.3.2

In Category I infrastructures of the high-speed rail system, the clear space for the passage of electricity collectors with rockers of type 1950 mm (corresponding to the rocker geometry of Decision 2011 /291/EU, section 4.2.8.2.9.2.2) .

5.

Train control, train protection and signalling subsystem

5.1

Trans-European rail system

5.1.1

Commission Decision 2012/88/EU of 25 January 2012 laying down the technical specification for interoperability of the trans-European rail system subsystems 'control, train protection and signalling' (OJ L 327, 22.12.2012, p. 1), as set out in Decision 2012 /696/EU (OJ L 327, 28.12.2012, p. 3), it shall apply to infrastructure and to the leading rolling stock of the trans-European rail system, in accordance with the provisions of point 5.2.

5.1.2

Commission Decision 2006 /679/EC of 28 March 2006 on the Technical Specification for Interoperability (TSI), partly repealed by Decision 2012/88/EU, on the 'Train control/signalling and signalling' subsystem subsystem. Conventional trans-European rail system (OJ C 1), as last amended by Decision 2012 /463/EU (OJ L 281, 23.11.2012, p. OJ L 217, 14.8.2012, p. 11), must continue to apply in accordance with point 5.2.

a): maintenance work on the infrastructure and on the leading vehicles of trains of the trans-European conventional rail system in connection with projects approved under Decision 2006 /679/EC, and
b): Projects relating to a new sub-system to be re-retroactive or to be renewed, provided that they are at an advanced stage of development at the time of publication of Decision 2012/88/EU, or subject to an advanced stage of implementation of the Treaty.

Sentence 1 (b) shall not apply if the applicant requests the application of Decision 2012 /88/EU.

5.1.3

Commission Decision 2006 /860/EC of 7 November 2006 on the technical specification for interoperability of the train control, control and signalling subsystem of the Commission Decision 2012/88/EU of 7 November 2006 Trans-European high-speed rail system and amending Annex A to Decision 2006 /679/EC of 28 March 2006 concerning the technical specification for interoperability of the train control/control and signalling subsystem of the Conventional trans-European rail system (OJ C 1), which was last amended by Decision 2012/463/EU, should continue to apply in accordance with point 5.2.

a): maintenance work on the infrastructure and the leading rolling stock of the high-speed rail system in connection with projects approved in accordance with Decision 2006 /860/EC, and
b): Projects relating to a new sub-system to be re-retroactive or to be renewed, provided that they are at an advanced stage of development at the time of publication of Decision 2012/88/EU, or subject to an advanced stage of implementation of the Treaty.

Sentence 1 (b) shall not apply if the applicant requests the application of Decision 2012 /88/EU.

5.1.4

Commission Decision No 2006 /860/EC of 30 May 2002 on the technical specification for interoperability of the train control, control and signalling subsystem of the Commission of 30 May 2002 the trans-European high-speed rail system referred to in Article 6 (1) of Directive 96 /48/EC (OJ L 96, 37, L 275, 11.10.2002, p. 3), which was last amended by Decision No 2012/462/EU, shall continue to apply in accordance with point 5.2.

a): maintenance work on the infrastructure and on the leading vehicles of high-speed rail trains in connection with projects approved in accordance with Decision 2002/73/EC, and
b): Projects relating to a new route to be converted or to be renewed, to the extent that they are at an advanced stage of development at the time of publication of Decision 2006 /860/EC, or subject to an advanced stage of development or to a route in progress Treaty.

5.2

Measures

5.2.1

ERTMS shall be set up in such a way as to ensure that trains running exclusively under ERTMS shall be subject to continuous continuous lines in the corridors A, B, E and F, referred to in Annex III, Section 7.3.4 of Decision 2012/88/EU, with the following: Equipment at the border crossing points should begin in neighbouring countries. The equipping of the stations along a corridor with ERTMS comprises the train roads

a): the continuous main track and
b): the overhaul track to the extent to which the track capacity is to be maintained and a sufficient degree of flexibility in the management; as a general rule, an overtaking track with a platform and a freight train overhaul track shall be used as a be appropriate.

5.2.2

Each freight area referred to in section 7.3.5 of Annex III to Decision 2012/88/EU shall be linked to at least one corridor in such a way that ERTMS shall be at least one railway station in which international distance goods shall be formed, dissolved or and from which the collection and distribution of the goods will be carried out (transfer station). The last information transmission at the last main signal before the end of the train journey is sufficient for trains entering into transfer stations.

5.2.3

The corridors are to be equipped at least as follows: The corridor A is to be equipped with the following route: Emmerich-Oberhausen West-Duisburg-Wedau-Köln-Kalk Nord-Troisdorf-Niederlahnstein-Wiesbaden Ost-Mainz-Bischofsheim-Darmstadt Hauptbahnhof-Mannheim-Friedrichsfeld-Schwetzingen-Karlsruhe-Rastatt-Offenburg-Basel Badischer Bahnhof. The following transfer stations are to be connected along the Corridor A: Duisburg-Ruhrort Hafen, Köln-Gremberg Rangierbahnhof and Mannheim Rangierbahnhof.

5.2.4

Appropriate measures shall be taken to ensure that ERTMS vehicles have information on the specific national characteristics and the train protection systems of the network in which they are entering.

6.

Subsystem Transport and traffic control The Commission Decision 2012/757/EU of 14 November 2012 laying down the technical specification for interoperability of the rail system subsystem "Transport and traffic control" in the European Union and amending Decision 2007 /756/EC (OJ L 196, 27.7.2007, p. 1, L 101, 4.4.2014, p. 15), as set out in Decision 2013 /710/EU (OJ L 327, 22.12.2013, p. 35) has been amended to apply to the management of the railway system.

7.

Trans-European rail systems

7.1

Safety in railway tunnel Commission Decision 2008 /163/EC of 20 December 2007 laying down the technical specification for interoperability relating to 'safety in railway tunnels' in the trans-European conventional rail system and in the trans-European high-speed rail system (OJ L 3 1), which was last amended by Decision 2012/464/EU, applies to infrastructure, energy, transport and traffic control subsystems, train control, train control and signalling, and to "Vehicles" of the trans-European rail system.

7.2

Restricted mobile persons Commission Decision 2008 /164/EC of 21 December 2007 on the technical specification for interoperability relating to 'restricted mobile persons' in the trans-European conventional rail system and in the trans-European high-speed rail system (OJ L 3 72), which was amended by Decision 2012/464/EU, applies to the infrastructure and rolling stock subsystems of the trans-European rail system.

Unofficial table of contents

Appendix 3 (to § 9 para. 3)
Measures to be considered as extensive renewal or conversion

(Fundstelle: BGBl. I 2007, 1315-1317) Extensive renovations or retooling are generally available if the cost of the project, or in the case of infrastructure measures, exceeds the construction costs, EUR 1 million.
Measures with project and/or Construction costs of less than EUR 0.4 million do not constitute extensive retooling or renewal.
In addition, the following measures shall be considered to be extensive retrofitting or renewal:

A.: Infrastructure subsystem

As extensive retrofitting or renewal of operating systems, the following shall apply:

1.: changes in track or station tracks or feed tracks to treatment and parking facilities, as well as changes to train formation facilities, to the extent that more than 400 m of track or more than two switches are affected;
2.: Changes to combined cargo transport terminals (installations and tracks) which increase the transhipment capacity by more than 10%;
3.: Renewal of bridges, superstructures or abuttles;
4.: construction measures in underground passenger transport facilities, which are triggered by a modified fire protection concept;
5.: Increase in speed by at least 10% by:
5.1: change of the raiding elements or track distances,
5.2: Amendment of the BU fuse,
5.3: The use of envy vehicles for the use of vehicles;
6.: Increase of the load capacity of the superstructure and of the structures over 225 kN (22.5 t) by:
6.1: Installation of protective or load-bearing layers,
6.2: Renewal of superstructures,
6.3: Change of the Oberbauart.
B.: Energy sub-system

As extensive retrofitting or renewal of operating systems, the following shall apply:

1.: measures on overhead lines extending over more than one clamping length per track;
2.: Measures on railway power supply systems related to a feed section or an underwork if the
2.1: Type of supply (central or decentral),
2.2: the tension,
2.3: the frequency,
2.4: the protective function (including interface to the vehicle) has been changed or
2.5: the performance is increased by more than 35%.
C.: Partial system traction control, traction control and signalling:

As extensive retrofitting or renewal of operating systems and vehicles, the following shall apply:

1.: measures taken within other subsystems referred to in this Annex, which shall include the project and system data of interoperability constituents and other security systems (e.g. (b) the need to change the position of the control system;
2.: Functional changes in line or station safety systems as well as vehicle equipment
2.1: in the context of a continued ETCS specification;
2.2: where risk acceptance values of an approved risk analysis are exceeded;
2.3: in class B systems, in accordance with a TSI set out in point 4 of Appendix 2, which have an impact on the notified requirements of these techniques;
2.4: on the certified subsystem, which will require the continuation of the security and functional evidence;
2.5: on backup systems (e.g. ), which invalidate previous coherence tests with regard to existing security and functional evidence.
D.: Sub-system vehicles:

The following are considered to be extensive changes to vehicles:

1.

Changes in vehicle parameters outside the simplified procedure (lambda) to UIC 518 (stand: UIC 518 2005-08; UIC 518-1 2004-05, UIC 518-2 2004-06) 1)

1.1

In the case of the rebuilding/conversion of "new" technologies, i.e. new spring elements, couplings, active chassis/car body controls;

1.2

if the basic conditions for the application of the simplified measurement procedure are exceeded:

a)	Static wheel set load (with simple loading)
	1. Motor vehicles, passenger coaches, freight wagons	2 Q (deep) 0 < = 200 kN
	2. Special vehicles	2 Q (deep) 0 < = 225 kN
b)	Maximum permitted vehicle maximum speed v (deep)
	1. Motor vehicles, passenger coaches	(deep) Vzul < = 160 km/h
	2. Railcars with bogie mass m + > 10 t	(deep) Vzul < = 160 km/h
	3. Railcars, passenger coaches	(deep) Vzul < = 200 km/h
	4. Freight wagons, special vehicles	(deep) Vzul < = 120 km/h
c)	Allowed excessive error amount uf (deep) zul
	1. Locomotives, engine heads	uf (deep) zul < = 150 mm
	2. Freight wagons, special vehicles	uf (deep) zul < = 130 mm
	3. Railcars with special features (i.e. low centre of gravity, low wheelset forces)	uf (deep) zul < = 165 mm;

1.3

if measured deviations from safety limit values are less than 10%, and thus the safety factor lambda is less than 1.1;

1.4

in the event of exceeding the

-: UIC-Merkblatt 518-Appendix B "Technical testing and approval of railway vehicles-Driving safety road safety and driving behaviour", or
-: CEN TC 256-EN 14363 "Railway Applications-Testing for the Technical Approval of Rail Vehicles-Testing of Driving Behavior and Stationary Tests" in Table 3 (Stand: EN 14363 2005-10) 2)

Fixed tolerances of the operating, vehicle and chassis parameters. The evidence required for the new commissioning is in each individual case, if necessary. in coordination with experts, on the basis of the applicable technical rules. For the area of driving safety, the UIC leaflet 518 and/or the respective data sheet are shown here. CEN TC 256-EN 14363 to be used.

2.

Increase of the maximum speed v (deep) max by more than 10%, but at least 10 km/hFor freight wagons, a proof of driving safety is sufficient to v (deep) max = 120 km/h; in addition, additional evidence is also available to the safety authority. leading (e.g. B. Detection of braking technology, proof of fatigue strength (fatigue strength), wheelsets, wheelset bearings, drives, load-bearing assembly wagon body, effects on tank loads in tank wagons). If this evidence cannot be carried out, a renewed commissioning approval is always required.

3.

Change in the total vehicle weight by more than 20% (determination of loads according to DIN 25008 (status: 2005-10)) 2). In the event of an increase and a reduction in the total weight of the vehicle, the resulting proof-of-detection is required in relation to the safety authority (e.g. B. Proof of driving safety, proof of strength, proof of braking technology, effects on tank loads in tank wagons). If this evidence cannot be carried out, a renewed commissioning approval is always required.

4.

Increase of the wheel set load (RSL) by more than 15 kN (1.5 t) In case of an increase in the wheelset loads, the operator or operator is responsible for the increase of the load. In principle, the manufacturer must carry out the necessary evidence (e.g. B. Fatigue proof of wheelset shaft and wheel discs, durability tests of chassis and load-bearing bandage, braking technical evidence, proof of driving safety, impact on tank loads on tank wagons). , a re-commissioning approval is always required.

5.

Changes in concepts for:

5.1

Emergency exit and rescue Under a renewed approval of the safety authority, fundamental changes in flight and/or flight Rescue options compared to originally approved rescue alternatives of the type (e.g. B. Location and number of emergency exit windows and doors). A change in the design of individual components (emergency exit windows, doors) is not to be considered as a change of concept.

5.2

Fire protection principles differ from that on the basis of DIN 5510 (status: DIN 5510-1 1988-10; DIN 5510-2 2003-09; DIN 5510-4 1988-10; DIN 5510-5 1988-10; DIN 5510-6 1988-10; DIN 5510-6 1988-10; DIN 5510-6 1988-10; DIN 5510-6 1988-10) or DIN 5510-5 1988-10; prEN 45545-1 1998-11; prEN 45545-2 2005-04; prEN 45545-3 1998-11; prEN 45545-4 2003-06; prEN 45545-6 2004-06; prEN 45545-7 2003-06; prEN 45545-7 2003-07; prEN 45545-6 2004-06; prEN 45545-6 2004-06; prEN 45545-6 2004-06; prEN 45545-6 2003-06; prEN 45545-6 2003- the materials used for this type of construction (e.g. B. Alternatively use of automatic fire detection and fire extinguishing systems (sprinkler systems) and other fire-fighting systems).

5.3

Occupational safety and environmental protection

a): Leave the requirements in accordance with the recognized rules of technology for occupational health and safety (e.g. Driver's cab and windscreen, use of hazardous materials, solutions outside the accident prevention regulations (UVV) such as immissions (noise, vibrations, rays, etc.)).
b): Changes in the environmentally relevant parameters of the originally approved type (e.g. For example, emissions, soil and water-hazardous substances).

5.4

Vehicle sliding technology, including the relevant software essentials, changes and/or Renewal of safety-relevant software parts requires a new commissioning approval in the sense of an extensive re-construction. For this purpose, a detailed documentation is to be submitted to the safety authority. The classification in the software security requirement level (SSAS) always requires a new commissioning approval. Only a communication to the safety authority without new Commissioning approval takes place in case of local module-specific software changes (e.g. B. Complete replacement of a door control software). In addition to the final report, a description of the changes and a statement must be made, that the specifications have been complied with and that the software does not affect the safety of the vehicle. Security-relevant functions with the specifications for evaluation in the SSAS can be deviated if according to. DIN EN 50128 (status: 2001-11) 2) a reviewer recognised by the safety authority confirms the appropriateness of a downgrade of the SSAS. In the event of inconsistencies, the safety authority may be consulted.

5.5

Brake

a): Changes to the braking device with effects on the braking distance (e.g. B. Change of brake lining without UIC rating, change of brake cylinder pressure, change of braking development time, change of automatic load braking, changes in braking system in relation to failure behavior, mass changes by more than 5 %, changes to the control of the brake),
b): Changes to the interface between brake and control technology (e.g. B. modification of the dome concept (coupling criteria), change of the diagnostic concept, changes in the emergency braking or forced braking concept),
c): Anti-skid protection with effects on wet braking distance.

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1): Official note: to refer to Union Internationale de Chemins de Fer, Paris.
2): Official note: To obtain from Beuth-Verlag GmbH, Berlin and Cologne.