Royal Decree 1434/2010 of 5 November 2010 on the interoperability of the rail system of the general interest railway network partially incorporates into national law Directive 2008 /57/EC of the European Parliament and of the Council Council of 17 June 2008 on the interoperability of the rail system within the Community. This Directive lays down the conditions to be fulfilled for the interoperability of the rail system, including the project, construction, entry into service, rehabilitation, renovation, in the Community territory. operation and maintenance of the elements of such a system. The Annexes to the said Royal Decree have been amended by Order FOM/3218/2011 of 7 November amending Annexes II, V and VI to Royal Decree 1434/2010 of 5 November 2010 on the interoperability of the rail system of the Network Railway of general interest, as well as Order FOM/421/2014 of 13 March, amending Annex III to Royal Decree 1434/2010 of 5 November 2010 on the interoperability of the rail system of the Railway Network of Interest general.

The purpose of this order is to develop Articles 10 and 16 of the aforementioned Royal Decree 1434/2010, of 5 November, which provide that, by ministerial order, the procedures for authorization of entry into service of the subsystems and of the vehicles. As part of this, the order describes the arrangements for the entry into service of the structural subsystems, and the conditions and requirements for the granting of the authorisations for the entry into service of the vehicles, both the first authorisation as the additional authorisations for entry into service of the vehicles, the serial and the serial continuation and the vehicle type, differentiating those which are in conformity with the technical specifications for interoperability (TSIs) and non-compliant ones.

Also, Law 39/2003 of 17 November, of the Railway Sector, enables the Ministry of Public Works to establish, by Order, the conditions and conditions for the authorisation and placing of the all subsystems of a structural nature which make up the railway system and the conditions for the proper functioning of the subsystems of a functional nature. The Ministry of Public Works is also authorised to establish, by way of order, the conditions and requirements for the approval and registration of rolling stock which circulates on the railway lines of the Railway Network of General Interest. as the system of approval and operation of the approval centres for such material.

It is also necessary to amend Order No 233/2006 of 31 January 2006 laying down the conditions for the approval of railway rolling stock and maintenance centres and fixing the conditions for the approval of the amounts of the fee for certification of such material, which establishes, inter alia, the necessary requirements for the circulation of railway vehicles by the Railway Network of General Interest and the regulation of the required authorizations to the with regard to the amendment of Directive 2008 /57/EC on existing European legislation at the time of the preparation of the said order.

In addition to the full directive, the transposition of Directive 2008 /57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community as regards Chapters IV and V.

In the preparation of the order, the Commission Recommendation of 29 March 2011 on the authorisation of entry into service of the European Union for entry into service has also been taken into account in relation to the authorisation of entry into service. subsystems of a structural nature and of the vehicles referred to in Directive 2008 /57/EC of the European Parliament and of the Council, which is an essential and reference document for the implementation of the said Directive and its This is a very sensitive issue, but it is not a question of the nature of the situation. States of the European Union.

On the other hand, the order modifies the amounts of the rate per entry in service of rolling stock for each class of railway vehicle, in use of the rating indicated in article 72 of Law 39/2003, of November 17, of the Railway Sector.

The text of this order contains twenty-nine articles distributed in eight titles to which six additional provisions are added, six transitional provisions, one derogating provision and four final provisions and one Annex.

This order has been subject to the formalities laid down in Royal Decree 1337/1999 of 31 July, which regulates the referral of information in the field of technical standards and regulations and regulations relating to the services of the information society, and in Directive 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July establishing a the procedure for information on technical standards and regulations and the rules on the information society.

In its virtue, on the proposal of the Directorate General of Railways, with the agreement of the Secretary General of Infrastructures and the Secretary of State for Infrastructures, Transport and Housing, with the prior approval of the Minister of Finance and Public Administrations and in agreement with the State Council, I have:

TITLE I

General provisions

Article 1. Object and scope of this order.

1. This is the object of this order:

(a) The establishment of the requirements to be met by the structural subsystems, either individually or grouped together in line or in railway vehicles in order to be put into service in the Railway Network of General Interest pursuant to Article 10.4 of Royal Decree 1434/2010 of 5 November 2010 on the interoperability of the railway system of the General Interest Railway Network. Those requirements shall relate to the conditions which tend to ensure the essential requirements set out in Annex III to that Royal Decree.

(b) The regulation of the process of authorisation of entry or entry into service of structural subsystems, railway lines and vehicles.

(c) The fixing of the rate amounts by the entry into service of rolling stock for each class of railway vehicle.

2. The fixing of the characteristics of the transport units or units of dangerous or perishable goods which are, in turn, incorporated in railway rolling stock, or the modification of the technical regulations, is not the subject of this order. for the inspection, approval or repair of the said units, as laid down in the Regulation on the international carriage of dangerous goods by rail (RID), and in the Agreement on International Carriage of Perishable Goods and on special vehicles used in such transport (ATP).

3. Furthermore, in accordance with the unique additional provision of Royal Decree 1434/2010 of 5 November, vehicles reserved for strictly historical or tourist use are excluded from the scope of application.

Article 2. Definitions.

For the purposes of this order:

(a) Interoperability component: Any elementary component, group of components, subassembly or complete set of materials incorporated or intended to be incorporated into a subsystem, of which it is directly dependent or indirectly the interoperability of the rail system. The concept of "components" encompasses not only material objects, but also intangible objects, such as software.

(b) Subsystems: The result of the division of the rail system as defined in Annex II to Royal Decree 1434/2010 of 5 November. The structural subsystems are: infrastructure, energy, control-command and signalling on land, control-command and signalling on board and rolling stock. The functional subsystems are: operation and management of traffic, maintenance and telematics applications for passenger and freight services.

(c) Technical specification for interoperability (TSI): A specification adopted in accordance with the Community rules for which each subsystem or part of the subsystem is subject, with a view to meeting the essential requirements and ensure the interoperability of the rail system.

(d) Specific case: Any part of the railway system that requires particular provisions in the TSIs, temporary or final, for geographical, topographical, urban environment or consistency requirements with the existing system. It may include, in particular, the cases of railway lines and networks isolated from the rest of the Community network, the gauge, the track gauge or the space between the tracks, as well as the vehicles intended for strictly local, regional or local use. the historical and the vehicles from or to third countries from third countries.

e) Open points: Technical parameters corresponding to the essential requirements that have not been explicitly addressed in a TSI at the time it was drafted.

(f) Railway Instructions (IF): Set of technical specifications, which complement the TSIs and which include, inter alia, the requirements at national level necessary to cover the essential requirements set out in the Annex III of Royal Decree 1434/2010 of 5 November, and which must comply with any structural subsystem in order to obtain authorisation for entry into service.

(g) Notified Body: The person in charge of assessing the conformity or suitability for use of the interoperability constituents or for the processing of the "EC" verification procedure of the subsystems.

h) Designated body: The person in charge, in accordance with the provisions of Article 12.3 of Royal Decree 1434/2010 of 5 November, to carry out the procedure for verifying subsystems in the case of national rules.

i) Safety assessment body: Person or independent and competent internal or external entity, carrying out an investigation to enable it to issue a trial, based on evidence, on the suitability of a system for comply with its security requirements, in accordance with the procedure laid down in Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the adoption of a common security method for the assessment and assessment of the the risk and the repeal of Regulation (EC) 352/2009 and which will be subject to a prior process of accreditation or recognition in accordance with the provisions of that Regulation.

(j) "EC" Verification: Procedure as defined in Annex VI to Royal Decree 1434/2010 of 5 November 2010 for which a notified body checks and certifies in accordance with Community legislation that a subsystem is in accordance with the relevant TSIs and other relevant Community provisions.

k) Verification in the case of national rules: Procedure as defined in Annex VI to Royal Decree 1434/2010 of 5 November 2010 for which a designated body checks and certifies the modules indicated in the IF, the subsystem complies with the national rules applicable to it.

(l) "EC" declaration of verification of subsystems: Document issued by the applicant, in accordance with Community rules, on the basis of the "EC" verification, in order to obtain, where appropriate, the authorization of entry into service. The contents of this document are as set out in Annex V to Royal Decree 1434/2010 of 5 November.

m) Statement of verification of the subsystems in the case of national rules: Document issued by the applicant similar to that defined in paragraph l) but relating to national rules.

n) Rehabilitation: The important work of modifying a subsystem or part of a subsystem that improves the overall performance of the subsystem.

o) Renewal: Important jobs for replacing a subsystem or part of a subsystem that do not affect the overall performance of the subsystem.

p) Line: Railway line is the part of the railway infrastructure that links two points of the territory and is composed of the following elements: platform of the track, superstructure, as lanes and (a) counterslats, mischievous and fastening material, civil works such as bridges, viaducts and tunnels, and electrification, signalling and safety and telecommunication facilities of the track, service paths, and the elements enabling the lighting. From the point of view of the present order a line may be made up of one or more structural and functional subsystems or parts of such subsystems.

q) Modification of a line: Any refresh or rehabilitation performed on the subsystems that make up a line.

r) Vehicle: A railway vehicle that circulates with its own wheels along railway lines, with or without traction. A vehicle is composed of one or more structural and functional subsystems or parts of such subsystems.

s) Type: A type of vehicle defining the basic design characteristics of the vehicle covered by the 'EC type examination certificate' described in module SB of Commission Decision 2010 /713/EU of 9 December 2009. November 2010, on modules for conformity assessment procedures, suitability for use and 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.

t) String: A number of identical vehicles of a design type.

u) Modification of a railway vehicle: Any renovation or rehabilitation carried out on the subsystems that make up the vehicle.

v) Holder: Person or entity who exploits a vehicle as a means of transport, either its owner or has the right to use the vehicle and is registered in the Special Railway Register.

w) European Vehicle Number (NVE): Number to be assigned to the vehicle when the first entry authorisation is granted in service to the Community system.

x) Special Rail Register (REF): Register maintained by the authority responsible for railway safety, as defined in Title V of Royal Decree 2387/2004 of 30 December 2004 approving the Railway Sector. Its section 5. has the consideration of the National Register of Vehicles, according to Article 19 of Royal Decree 1434/2010, of 5 November.

and) European Register of Authorised Types of Vehicles (ERATV): Registration of vehicle types authorised by Member States for entry into service on the Community rail network in accordance with Article 34 of Directive 2008 /57/EC of 17 June 2008 on the interoperability of the rail system within the Community and with Commission Implementing Decision 2011 /665/EU of 4 October 2011 on the European Register of Types Authorized by Rail Vehicles.

z) Entity in charge of maintenance: Entity in charge of the maintenance of railway vehicles, registered as such in the Special Railway Register and which assumes responsibility for the following maintenance functions: management, maintenance development, fleet maintenance management, and maintenance execution.

TITLE II

Railway Instructions

Article 3. Drafting and adoption of railway instructions.

1. The Ministry of Public Works, acting on a proposal from the authority responsible for railway safety, shall approve the railway instructions (IF) which must comply with any subsystem and its components in order to obtain the corresponding authorisations for service entry. In the preparation of these instructions, consultations will be carried out with the operators of the sector, with the participation of qualified experts in the field from infrastructure managers, railway companies, manufacturers of material railway rolling stock and railway components, maintenance undertakings and other entities operating in the railway sector.

2. Where it is necessary to update the FIs of a given subsystem as a result of the modification of a TSI, it shall apply transiently until the approval and entry into force of the new IF the TSI supplemented with the former IF. In the event of a contradiction between the provisions of the old IF and the new TSI, the specifications indicated in the TSIs shall prevail.

3. The IF shall include, inter alia, those specifications necessary to meet the essential requirements set out in Annex III to Royal Decree 1434/2010 of 5 November, which have not been included in the TSIs, supplementing the TSIs for the verification of the subsystem. In particular, they shall develop, for each subsystem or part of subsystem, at least the following contents:

a) The scope to which they are directed.

(b) The requirements regarding compliance with the essential requirements of the subsystems and their interfaces with the rest of the rail system which have not been covered by the TSI. In particular, they shall include the requirements for open points and specific cases.

c) Accurate requirements and maintenance guidelines to preserve the technical characteristics required over the life of the subsystem.

(d) The assessment procedures (modules) as provided for in Commission Decision 2010 /713/EU of 9 November 2010 on the modules for conformity assessment procedures, suitability for use and EC verification to be used for the verification of requirements.

The IF may also provide for specific instructions in the case of modification of subsystems that have already been put into service in accordance with Article 15 of Royal Decree 1434/2010 of 5 November.

TITLE III

Interoperability components

Article 4. Communication of entry into the market for interoperability constituents.

1. As set out in Directive 2008 /57/EC of 17 June 2008, the TSIs shall define the interoperability constituents within their scope as well as the procedures to be used for the assessment of conformity or the suitability for use of the same. Those procedures shall be based on the modules defined in Commission Decision 2010 /713/EU.

2. Any manufacturer intending to place interoperability constituents on the market, as provided for in Article 6 of Royal Decree 1434/2010 of 5 November 2010, shall communicate it to the safety authority. railway. The manufacturer shall:

(a) Communicate the intention to initiate the process of conformity assessment or suitability for use in accordance with the procedure set out in Chapter III of Royal Decree 1434/2010 of 5 November, and the specifications concrete defined in the TSIs for each type of component.

(b) At the end of the process, refer the "EC" declaration issued by the manufacturer and the "EC" certificate issued by the notified body together with the file as stipulated in Annex IV to Royal Decree 1434/2010, November 5.

TITLE IV

Subsystems

Article 5. General system of authorization of entry into service of subsystems.

1. Without prejudice to the provisions of Titles V and VI of this order, and in accordance with Article 10 of Royal Decree 1434/2010 of 5 November 2010, the authority responsible for railway safety shall authorise the entry into service of the new structural subsystems which are members of the railway system which are implemented or operated in the General Interest Railway Network.

2. Such subsystems may only enter into service if they are designed, constructed and installed in such a way as to meet the essential requirements set out in Annex III to Royal Decree 1434/2010 of 5 November when they are integrated into the system rail.

3. In particular, the authority responsible for railway safety shall verify in advance the granting of the authorisation:

a) Compliance with essential requirements.

b) The technical compatibility of the subsystems with the rail system in which they are integrated.

(c) The safe integration of these subsystems in accordance with Article 3 of the Regulation on the movement of the Railway Network of General Interest, approved by Royal Decree 810/2007, 22 of June, and Community legislation.

Article 6. Initial phase: Prior communication to the authority responsible for railway safety.

1. Where, in order to obtain authorisation for entry into service, it is necessary to initiate the manufacture, construction or modification of a structural subsystem, the applicant shall communicate it to the safety authority railway.

2. Such communication shall be accompanied by the following information:

a) Preliminary technical characteristics of the subsystem.

b) Current rules to which the subsystem is subject to meet the essential requirements.

c) Estimate of the build/build plan run time.

(d) Preliminary indication of the notified body and/or designated to carry out the verification process of the subsystem.

This communication may be presented in the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, or through of electronic means in accordance with the provisions of Law 11/2007, of 22 June, of electronic access of citizens to public services.

3. The authority responsible for railway safety, once it receives the documentation, may request the applicant, within a maximum of two months from the day following the submission of the communication, to make the changes to the communication. necessary for the granting of the final service entry authorization.

4. In accordance with Article 15 of Royal Decree 1434/2010 of 5 November 2010, taking into account the specific requirements of the IF, in the case of duly authorised subsystems subject to an amendment, the Authority The responsibility for railway safety shall be decided on the need to carry out a new authorisation for entry into service or not. To this end, the applicant shall communicate to that authority its claim, accompanied by the following information:

a) Description of the modification project by identifying the part of the subsystem that is affected.

(b) Regulations and verification methods applicable to the part of the subsystem being modified to cover the essential requirements, prioritising as far as possible the migration towards the target subsystem defined in the TSI. If the TSI is not fully implemented, the reason why it has not been fully applied should be justified.

(c) The body responsible for assessing compliance with the rules referred to in paragraph (b).

In the light of the documentation and the applicable rules, the authority responsible for railway safety shall decide within the maximum period of four months from the submission of the complete file. After that time limit without any express resolution, it should be understood that no new authorisation of entry into service is necessary.

The resolution of the authority responsible for railway safety puts an end to the administrative route and may be brought before the end of a month, with the maximum time limit for issuing and notify the resolution of the month-long resource. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

Article 7. Evaluation of the subsystem.

1. The applicant, in advance of the application for authorisation of entry into service of the subsystem, shall have submitted it to the assessment process defined in the following paragraphs.

2. Once the applicant has defined the subsystem in sufficient detail, he shall inform the railway safety authority to inform him of any additional requirements, if any, so that he may be informed of any additional requirements. relating to technical compatibility and secure integration.

3. Without prejudice to the provisions of Royal Decree 1434/2010 of 5 November 2010, specific verification modules defined in the TSIs and IF shall be followed for the verification of the subsystems and interoperability constituents. In addition, the applicant shall follow the provisions of Implementing Regulation (EU) 402/2013 of 30 April 2013 in cases that are applicable, and in particular to demonstrate the safe integration of the subsystem.

4. The applicant shall also subject to assessment the requirements of any other existing legislation applicable to it.

5. Where during the manufacturing and assessment process the need arises to request an exception or disconformity due to a non-compliance with the TSIs or the national rules that are applicable, the applicant follow the procedure laid down in Article 9 of this order.

6. The railway safety authority may monitor the process of manufacturing and evaluating the subsystem. To this end, the applicant shall make available all the information required.

Article 8. Subsystem service entry authorization.

1. In order to obtain the authorisation for entry into service, the applicant shall send the following documentation to the railway safety authority:

a) Summary report with relevant aspects for the authorisation of entry into service of the subsystem, indicating, inter alia, main technical characteristics of the subsystem, description of the assessment process, degree of compliance with the usage characteristics or restrictions.

(b) Declarations of verification of the subsystem, subscribed by the applicant, in respect of the TSIs and, where applicable, of the applicable national rules, in accordance with Annex V to Royal Decree 1434/2010 of 5 November.

(c) Where appropriate, "EC" declarations of verification that the subsystem complies with the rules applicable to it.

(d) EC certificates of verification in respect of TSIs and certificate of verification in respect of national standards, granted by the notified body and the body designated respectively, accompanied by their respective technical files as set out in Annex VI to Royal Decree 1434/2010 of 5 November.

e) Report of the safety assessment body in cases where Implementing Regulation (EU) 402/2013 of 30 April 2013 is applicable, and in particular for the demonstration of the safe integration of the subsystem, including those aspects mentioned in Article 7.2 of this order.

(f) Certificate of a body designated in accordance with the complementary technical compatibility requirements required by the railway safety authority in accordance with the provisions of Article 7.2 of the present order.

This documentation may be presented in the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure or through electronic means in accordance with the provisions of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services.

2. The authority responsible for railway safety shall, if appropriate, grant no more than four months from the date of full receipt of the documentation accompanying the application, the corresponding authorisation for entry into subsystem service, which may include conditions or restrictions on the use of the subsystem, as well as the period of validity of the authorisation. After that time limit without any express resolution, it shall be understood that the authorisation for entry into service has been granted.

The resolution of the authority responsible for railway safety puts an end to the administrative route and may be brought before the end of a month, with the maximum time limit for issuing and notify the resolution of the month-long resource. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

Article 9. Exceptions in the application of TSIs and disconformities with national rules.

1. In the event that, in the opinion of the applicant, the subsystem may be subject to exceptions to the application of the TSIs, in accordance with the provisions of Article 5 of Royal Decree 1434/2010 of 5 November 2010, or possible disconformities with the national rules, shall bring it to the attention of the authority responsible for railway safety at the time of knowledge of such derogation or disconformity and to request the non-application of the TSI or, where appropriate, of the standard national.

2. Together with the request for the derogation of non-application of one or more TSIs, the following information shall be provided:

a) Description of the subsystem parts subject to the exception.

(b) Justification that the subsystem is in breach in any of the cases in which an exception is made in accordance with the provisions of Article 5.1 of Royal Decree 1434/2010 of 5 November 2010.

c) A precise reference to the TSIs or part of the same in respect to which the exception is requested.

(d) Relation of alternative rules applied in place of the TSI and procedure and body responsible for its verification.

e) Reasoned justification for a derogation, including the main reasons of technical, economic, commercial, operational and/or administrative nature.

f) Justification of the advanced state of development of the project, in the applications made pursuant to Article 5.1.a) of Royal Decree 1434/2010, of 5 November.

g) Proposal for measures to promote the final interoperability of the project and the progressive implementation of the TSI.

In the light of this documentation, the authority responsible for railway safety may agree to the application or not of the derogations requested and shall communicate it to the applicant within a maximum of four months.

3. Furthermore, in accordance with Article 5.3 of Royal Decree 1434/2010 of 5 November 2010, each time a TSI is adopted, the applicants affected by the TSI shall communicate to the railway safety authority the list of subsystems that are in an advanced stage of development.

4. Similarly, for disconformities with national rules, the following information must be provided with the application:

a) Description of the parts of the subsystem that are subject to non-compliance.

b) Supporting non-compliance report.

(c) Alternative assessment requirements and methods in such a way as to ensure compliance with the essential requirements.

d) Evaluation body to carry out verification of the alternative standards for compliance with the essential requirements.

In the light of this documentation, the authority responsible for railway safety shall inform the applicant of the acceptance or rejection of the non-conformity within a maximum period of three months. After that time limit without any express resolution, it shall be understood that the non-conformity has been accepted.

The resolution of the authority responsible for railway safety puts an end to the administrative route and may be brought before the end of a month, with the maximum time limit for issuing and notify the resolution of the month-long resource. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

TITLE V

Lines

Article 10. Authorization to service new lines.

1. For the purposes of this ministerial order the lines are formed by the fixed structural subsystems: infrastructure, energy and control-command and signalling.

2. The entry into service of new lines must be authorized as set out in Article 16 of Royal Decree 2387/2004 of 30 December 2004, which approves the Regulations of the Railway Sector.

3. Together with the authorisation for the placing in service of the lines, the entry into service of the subsystems that make up the lines shall be authorised, in accordance with the procedure laid down in Title IV of this order.

4. In order to unify both procedures, the applicant shall submit a single application for the placing in service of the line, to which it shall attach the following documentation:

(a) Report on the adequacy of the works to the applicable technical regulations, issued by the staff responsible for its implementation and supervision, as set out in Article 16 of Royal Decree 2387/2004 of 30 December 2004.

(b) Evidence of compliance with, in due form, the execution of the test plan established by the railway infrastructure manager or, where appropriate, the authority responsible for railway safety; established in Article 16 of Royal Decree 2387/2004 of 30 December 2004.

c) Documentation set out in Article 8 of this order, relating to each of the subsystems that make up the line, including its interfaces.

(d) Certificate of the railway infrastructure manager of compliance with the conditions for safety on the railway holding, as set out in Article 16 of the Royal Decree 2387/2004, of December 30. This certification shall be drawn up taking into account the different reports of the safety assessment bodies in accordance with Implementing Regulation (EU) 402/2013 of 30 April 2013. It shall be accompanied by a justification for the closure of the risks of the different subsystems and their interfaces, and a dossier containing the documentation which has been used as a basis for their preparation.

Such an application may be filed in the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992, of a Legal Regime of Public Administrations and of the Common Administrative Procedure or through means of electronic according to the provisions of Law 11/2007, of June 22, of electronic access of citizens to public services.

5. The authority responsible for railway safety shall grant, if appropriate, no later than the month following the date of full receipt of the documentation accompanying the application, the corresponding authorisation for the placing in service of the the line and the entry into service of the subsystems, which may include conditions or restrictions of use, as well as the period of validity of the authorisation. After that period, without any express resolution, it shall be understood that the putting into service is not authorised.

The resolution of the authority responsible for railway safety puts an end to the administrative route and may be brought before the end of a month, with the maximum time limit for issuing and notify the resolution of the month-long resource. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

Article 11. Modifying existing lines.

1. Without prejudice to what the authority responsible for railway safety may decide in each case in accordance with Article 6.4 of this order and of what is established through the IF or other provisions, in the case of modification of existing lines a new authorization of putting in service of the line will be necessary at least in the following assumptions:

a) substantial modification of the layout of a path or part thereof;

b) the addition of one or more paths of a journey or part thereof, when the separation between existing and new paths is significant;

c) and in general modifications that have required the approval of an informative study.

In such cases, the procedure laid down in Article 10 of this order shall be followed, jointly authorising the placing in service of the line and the entry into service of the various subsystems forming it.

2. A new authorisation for placing in service of the line shall not be required in the following cases of modification of existing lines, in which only a communication to the authority responsible for railway safety shall be required:

a) Installation of new electrification or control-command and signalling subsystems. In this case, the procedure referred to in Title IV of this order shall proceed to the authorisation of entry into service of the new subsystems.

b) Renewal or rehabilitation of pre-existing subsystems, in cases where the authority responsible for railway safety decides, in accordance with Article 6.4 of this order, that they require a new entry authority to subsystem service. In this case, the electrical voltage change assumptions of the electrification or the change of version or level of ERTMS shall be considered.

Together with the communication of the change of operating conditions, the applicant shall forward to the railway safety authority the documentation set out in Article 10.4 corresponding to the elements subject to amendment and in particular the certification by the administrator of the railway infrastructure corresponding to the fulfilment of the conditions for safety in the railway operation in the new situation of the line.

The authority responsible for railway safety shall issue, if appropriate, no later than the month following the date of full receipt of the documentation referred to in this paragraph, the conformity with that change in the operating conditions and, in accordance with the procedure under Title IV, the corresponding authorisations for entry into service of the subsystems.

TITLE VI

Vehicles

CHAPTER I

General provisions

Article 12. Classification of vehicles.

1. A vehicle consists of the structural subsystems of a rolling stock and, where appropriate, control-command and signalling on board.

2. For the purposes of this order, the following classes of vehicles are distinguished:

(a) Locomotives: A railway vehicle which, by means of thermal or electrical traction, is capable of being displaced by itself and whose main function is to tow other railway vehicles. This definition includes, inter alia, line locomotives, track-work locomotives and manoeuvring tractors.

b) Self-propelled units: Self-propelled units are those compositions of one or more vehicles which, forming an undeformable train in operation, are equipped with thermal or electrical traction which makes them capable of travel by themselves and generally carry passengers.

(c) Cars: Self-propelled rail vehicles equipped for the carriage of passengers, as well as complementary vehicles for their service, inter alia, vans intended to carry a non-consistent payload in travellers, and the carriage wagons of cars intended to be integrated into a passenger train. Also included are those cars in fixed compositions that can only be reconfigured when they are not servicing.

(d) wagons: Rail vehicles without their own traction enabled for the carriage of goods. Special rail vehicles are considered to be included within this class. Such vehicles are expressly designed for rail transport which, by their exceptional dimensions or masses, require particular conditions of movement. Wagons intended for the transport of materials for activities such as the construction or maintenance of the infrastructure and capable of carrying out commercial transport are also included.

e) Auxiliary rolling stock: Auxiliary rolling stock is considered to be those railway vehicles which are specifically authorised for the tasks of supervision, recognition and maintenance of the track and its facilities fixed, including, inter alia, road machinery and rail-road vehicles (bimodals), as well as those for workshop and relief trains.

Article 13. General scheme.

1. As the vehicles are composed of subsystems, the provisions of Title IV of this order apply without prejudice to the specific provisions contained in this Title, which is developed under Article 16 of the Treaty. Royal Decree 1434/2010 of 5 November.

2. In accordance with Article 16 of Royal Decree 1434/2010 of 5 November, and without prejudice to Article 19 of this order, before being used in the Railway Network of General Interest any vehicle shall be authorised to its entry into service by the authority responsible for railway safety.

The authorisations granted to vehicles before 19 July 2008 under international agreements, in particular RIC and RIV, shall continue to be valid in accordance with the conditions under which they would be authorized.

3. Authorisations granted by another Member State of the European Union shall be valid in Spain, without prejudice to Articles 19 and 20 of this order in respect of additional authorisations.

4. Vehicles that circulate in the General Interest Railway Network must be registered in the Special Railway Register, created by the Regulations of the Railway Sector, approved by Royal Decree 2387/2004, of December 30. To this end, the holder of each vehicle shall provide the authority responsible for railway safety with the information referred to in Article 134 of the Railway Sector Regulation as well as the communication of the entity in charge of the railway. maintenance. This paragraph shall not apply to vehicles circulating with a provisional authorisation of Article 16.

5. A distinction shall be made between vehicles which are in conformity with the TSIs and vehicles which do not comply with them, where this is permitted by the relevant TSI or where they are susceptible to an exception in accordance with Article 5 Royal Decree 1434/2010, 5 November.

6. From the point of view of the processing of the authorisation of entry into service of railway vehicles the following cases can be distinguished:

a) First authorization of a vehicle or a new type.

(b) Additional authorisation: authorisation of a vehicle to circulate on the General Interest Rail Network which has already been duly authorised in a first Member State.

c) Authorization of a vehicle according to an already authorized type (as a continuation of series)

(d) Renewal of type, inter alia, by expiry of the period of validity of a type or change of application rules to such type.

e) New authorization after modification of an already authorized vehicle or type.

f) Combination of some of the above assumptions: in this case the authority responsible for railway safety shall ensure that the duplication of verifications is avoided and that the most appropriate procedure is applied as the case may be.

7. The authorisations for entry into service granted in accordance with this ministerial order shall be without prejudice to other conditions imposed on railway undertakings and the railway infrastructure manager for the operation of such vehicles in the Railway Network of General Interest, in accordance with the provisions of Articles 9, 10, 15 and 16 of Royal Decree 810/2007 of 22 June 2007 on the Regulation on safety in the movement of persons of the Railway Network of General Interest.

CHAPTER II

Inbound authorization procedure in service

Article 14. Initial stage: Prior communication to the authority responsible for railway safety.

1. Where, in order to obtain authorisation for entry into service, the procedure for the verification of a railway vehicle is to be initiated, the applicant shall inform the railway safety authority in advance.

2. Such communication shall include the following documentation:

a) The data of the entity that starts the procedure. The applicant shall indicate in quality that he makes the application: manufacturer, holder, railway undertaking.

(b) Identification of the case to which it belongs from those referred to in Article 13.6.

(c) Preliminary technical characteristics of the subsystems making up the vehicle and the basic performance of the vehicle: maximum speed, minimum braking characteristics, masses, foreseeable conditions of use, etc.

d) General vehicle planes.

e) Indication of the regulations to which each subsystem is subject to meet the essential requirements.

f) Estimated forecast of manufacturing and batch distribution plan.

g) Preliminary indication of the notified body and/or designated body that will carry out the process of verifying the subsystems.

h) Preliminary indication of the safety assessment body in cases where Implementing Regulation (EU) 402/2013 is applicable, and in particular for the demonstration of the safe integration of the subsystems which make up the vehicle, including its interfaces, and between the vehicle and the General Interest Rail Network.

This communication may be presented in the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992, of a Legal Regime of Public Administrations and of the Common Administrative Procedure or through of electronic means in accordance with the provisions of Law 11/2007, of 22 June, of electronic access of citizens to public services.

3. In the case of new vehicles which are intended to be authorised in accordance with a suitably authorised type, a detailed report of any differences with the type already mentioned, together with the documentation referred to in the previous paragraph, shall also be included. authorized.

4. In the case of vehicles or existing types already authorised subject to modification:

i. A report by experts, competent and experienced in the field and knowledge of the vehicle, indicating the characteristics which, where appropriate, and as a result of the modification, shall be added by the applicant shall be added by the applicant. be validated again.

ii. The information requested in paragraphs (c), (d), (e), (f), (g) and (h) of paragraph 2 above shall be related to the modified part of the vehicle as well as its interface to the rest of the vehicle and to the vehicle with the General Interest Rail Network.

5. The railway infrastructure manager shall be notified by the railway safety authority of the start of the file and may request a report on it. Where the railway infrastructure manager, after having been consulted, does not issue a report within one month, it shall be deemed to be favourable.

6. The railway safety authority shall reply to the applicant within two months of the full receipt of the requested information, indicating:

(a) In the case of a first entry into service of a vehicle or an amendment affecting the European Vehicle Number (NVE), the provisional NVE numbering assigned to the vehicle or vehicles.

b) In the case of request for string continuations, confirmation that this procedure is applicable or a new type needs to be created.

(c) In the case of existing vehicles or types already authorised subject to modification, the need or not to obtain a new authorisation for entry into service, in accordance with the requirements of the TSIs and the IF and the size of the modification. In the case of amendments, the authority responsible for railway safety shall have a period of 4 months to issue its reply to the applicant.

After the period of two months or four months in the case provided for in point (c) without the said authority having replied to the applicant, it should be understood that it is not necessary to obtain a new authorisation.

The resolution of the authority responsible for railway safety puts an end to the administrative route and may be brought before the end of a month, with the maximum time limit for issuing and notify the resolution of the month-long resource. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

Article 15. Track record.

1. Once the vehicle verification procedure is initiated, the authority responsible for railway safety may carry out its monitoring. To this end, the applicant shall make available to him any information required.

2. As soon as the applicant has defined the vehicle in sufficient detail, he shall inform the railway safety authority so that, where appropriate, the applicant shall indicate the requirements for the compatibility of the vehicle. technical and secure integration and, within them, may include, where appropriate, indications on the routes to be carried out from among those listed in the Annex to this order.

3. The applicant shall communicate to the railway safety authority the start, where appropriate, of the assessment process detailed in Article 7 of this order.

4. If during the manufacturing and verification process the applicant becomes aware of an exception or disconformity with the TSIs or the national legislation, he/she shall communicate it to the authority responsible for railway safety with the as soon as possible and follow the procedure laid down in Article 9.

Article 16. Provisional authorisation of movement.

1. The conduct of the tests, tests or transfers in the General Interest Railway Network shall require the railway vehicle with which it is to be carried out with a provisional authorisation of movement granted by the administrator of the railway infrastructure.

2. Once the reply of the authority responsible for railway safety in the communication phase referred to in Article 14.6 of this order has been received, the applicant shall address the railway infrastructure manager who shall inform him. of the general rules governing their relations with the latter, of the costs which, where appropriate, result from the verification procedure as a result of the conduct of tests on the railway infrastructure managed by the latter, as well as the guarantees to be provided to deal with any possible responsibilities that may arise originate.

3. The provisional authorisation for movement must be requested from the railway infrastructure manager in good time, accompanied by the following documentation:

a) The one identifying the applicant, expressing his or her social reason and address for the purposes of notifications.

b) The one identifying the railway vehicle.

c) The one that expresses the character, schedule, and expected duration of the tests, trials, or transfers that are intended to be performed.

d) The one that describes the fixed installations, the communications and the traction that will be precise for the performance of the tests and the different entities that will intervene in the same ones.

e) In the case of tests and trials, identify the notified body, designated or safety assessment body in charge of the supervision of the procedure.

f) Defining the project in its interaction with the framework.

g) State of progress of the project evaluation process.

In the light of the above documentation, the railway infrastructure manager may request, on the basis of reasons for safety in the movement, the modifications which he considers relevant to the tests, projected tests or transfers.

The railway infrastructure manager shall give a reasoned decision, granting or rejecting the requested provisional authorisation, within a maximum of one month from the complete receipt of the documentation.

The resolutions of the President of the business public entity Administrator of Railway Infrastructures will exhaust the administrative route. Against the same goat, an appeal for a replacement shall be brought within one month, the maximum time being to issue and notify the decision on that appeal for one month. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All this, without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

4. The provisional authorisation for movement shall seek to satisfy as far as possible the request made and shall specify at least:

a) The infrastructure capacity that is available for testing, testing, or moving.

(b) The contact unit of the railway infrastructure manager who shall be the interlocutor between the vehicle operator and the command post for conducting the tests, tests or transfers.

(c) The conditions of movement during testing, testing or movement.

(d) The period of validity of the authorisation which shall, in any event, expire at the end of the tests, tests or transfers for which it has been requested.

5. The granting of this provisional authorisation shall not require a prior complete verification or the authorisation of entry into service, although the technical documentation shall be provided to verify that the vehicle is in a position. conditions sufficient to ensure that the execution of the tests does not create risks in the movement or infrastructure.

6. The applicant may request an extension of the authorisation for the conduct of the tests. The railway infrastructure manager shall grant or, where appropriate, refuse in a reasoned manner, the said extension within a maximum period of 15 days.

The resolutions of the President of the business public entity Administrator of Railway Infrastructures will exhaust the administrative route. Against the same goat, an appeal for a replacement shall be brought within one month, the maximum time being to issue and notify the decision on that appeal for one month. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All this, without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

7. The applicant shall communicate to the authority responsible for railway safety the appropriate provisional authorisations of movement.

CHAPTER III

Inbound authorization request in service

Article 17. Authorization to enter into service. General scheme.

1. This article is applicable to any authorisation of entry into service of a vehicle, without prejudice to the specific considerations set out in Articles 18 to 23 of this order.

2. The authorisation for entry into service shall be made before the authority responsible for railway safety. The request for entry into service must include the following information:

a) Identification of the applicant, indicating its social reason, its address for the purposes of notifications, as well as the reference to the file of the start of the process of authorisation of entry into service.

(b) The identification of the railway vehicle for which the authorisation is requested, accompanied by its description and a summary report of the assessment indicating relevant aspects (inter alia, restrictions and options) for the Entry-in-service authorization.

c) Data necessary for the registration of the vehicle in section 5 of the Special Rail Register, and in the ERATV, if applicable. Such data associated with ERATV shall be validated by a designated or notified body, as appropriate.

d) Advance the vehicle maintenance plan.

Such an application may be filed in the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992, of a Legal Regime of Public Administrations and of the Common Administrative Procedure or through means of electronic according to the provisions of Law 11/2007, of June 22, of electronic access of citizens to public services.

3. Once the applicant has submitted all the information required, as well as the additional information requested, the authority responsible for railway safety may request a report from the infrastructure manager. rail, which shall be deemed to be favourable if it is not issued within one month.

4. The authority responsible for railway safety shall give a reasoned decision on the application for authorisation of a vehicle within a maximum period of two months from the submission of the complete documentation referred to in the previous paragraph, without prejudice that such time limit may be suspended or extended in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

5. The authorisation of entry into service of a vehicle may lay down conditions of use and, where appropriate, restrictions. This authorisation shall confirm the corresponding European vehicle number or alphanumeric identification code referred to in Article 134.2.i of the Railway Sector Regulation.

6. In any event, the authorisation of a vehicle shall involve the authorisation of the type with which that vehicle is compliant, in the case where the latter authorisation does not exist in advance, in accordance with Article 21 of this order.

7. The resolution of the authority responsible for railway safety shall end the administrative route and the replacement of the power to replace it within one month, the maximum time being for the issuing and notification of the Resolution of the month-long resource. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

Article 18. First inbound authorization in service.

1. In addition to the information referred to in Article 17.2, the applicant shall provide:

(a) The declarations of verification of the subsystems issued by the applicant and the certificates of verification issued by the notified body and, where appropriate, designated body as well as the technical file which accompanies the EC declaration of verification, in accordance with Annexes V and VI to Royal Decree 1434/2010 of 5 November 2010. The certificate of the designated body shall include those requirements relating to technical compatibility which the authority responsible for railway safety has requested in accordance with Article 15.2 of this order.

(b) Where appropriate, and where there is other Community legislation applicable to the subsystem or part thereof, the relevant EC certificates. The notified body shall collect any "EC" certificates or declarations resulting from such legislation.

(c) Report of the safety assessment body in those cases that Implementing Regulation (EU) 402/2013 of 30 April is applicable and, in particular, for the demonstration of safe integration. This report shall take into account the outcome of the routes requested, where appropriate, by the authority responsible for railway safety in accordance with Article 15.2 of this order.

2. The first authorisation shall be granted by the authority responsible for railway safety in the following terms

(a) Where all the structural subsystems of a vehicle have been authorised in accordance with the TSIs in accordance with the provisions of Title IV of this order, the authorisation shall be granted without further notice. verifications;

(b) With regard to rolling stock having all of the "EC" declarations of verification, the criteria which the authority responsible for railway safety shall verify with a view to the authorisation of entry into service will be limited to the following:

-Technical compatibility between the relevant subsystems of the vehicles and the technical compatibility between the vehicle and the General Interest Rail Network;

-Secure integration of the subsystems that integrate the vehicle and the vehicle with the General Interest Rail Network;

-National rules applicable to open points defined in the TSIs;

-National rules applicable to specific cases defined in the TSIs.

3. For technical aspects not covered by the TSIs, the national provisions notified pursuant to Article 12.3 of Royal Decree 1434/2010 of 5 November 2010 shall apply.

4. The authority responsible for railway safety shall, if appropriate, grant no more than four months from the date of the full receipt of the documentation accompanying the application, the authorisation for entry into service of the Rail vehicle or each of the vehicles that make up the series.

The resolution of the authority responsible for railway safety puts an end to the administrative route and may be brought before the end of a month, with the maximum time limit for issuing and notify the resolution of the month-long resource. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

Article 19. Additional authorisation for entry into service of vehicles in accordance with TSIs.

1. Vehicles whose entry into service has already been authorised in another Member State of the European Union and which are in conformity with all relevant TSIs at the time of their entry into service shall be subject to the provisions of paragraphs 1 and 2. next.

2. Vehicles which are in full compliance with the TSIs covering all aspects of the relevant subsystems without specific cases and without outstanding points strictly related to the technical compatibility between the vehicle and the network shall be subject to no additional authorisation of entry into service, provided that they are circulated on the lines of the General Interest Rail Network in accordance with the TSI or under the conditions specified in the relevant TSIs.

3. In cases not covered by paragraph 2 of this Article, the applicant shall submit to the railway safety authority the documentation relating to the vehicle or type of vehicle and its use in the General Interest Railway Network. The documentation shall include, in addition to the information referred to in Article 17.2, the following information

(a) Justiciants that the vehicle has been authorised to enter into service in another State of the European Union;

(b) A copy of the technical file accompanying the EC declaration of verification, provided for in Annex VI to Royal Decree 1434/2010 of 5 November, which shall include, in the case of vehicles equipped with data recorders, documentation on the data collection procedure to enable its display and evaluation, provided that such information is not harmonised by the relevant TSI;

(c) Records showing, for the vehicle, the maintenance record and, if applicable, the technical modifications made after the authorisation;

(d) Data on the technical and operational characteristics, as well as the certificate of conformity issued by the notified body, or, where appropriate, designated, demonstrating that the vehicle is compatible with the infrastructure and the fixed installations (such as climatic conditions, energy supply system, control-command and signalling system, track gauge and infrastructure gauges, maximum authorised axle load and other network conditions) Railway of General Interest).

4. The criteria to be verified by the authority responsible for railway safety shall relate only to:

-Technical compatibility between the vehicle and the General Interest Rail Network, including national rules applicable to those open points necessary to ensure such compatibility;

-National rules applicable to specific cases defined in the relevant TSIs.

The verification of these aspects can only be carried out on the basis of the national rules classified in Groups B and C, which appear in the National Reference Document established in accordance with Decision 2011 /155/EU and, in its defect, in bilateral agreements with the State of the European Union in which it was first authorised.

To perform this verification, the authority responsible for railway safety may require:

(a) Additional information to carry out risk analysis in accordance with Implementing Regulation (EU) 402/2013 of 30 April 2013 or tests on the General Interest Rail Network.

(b) Certificates of conformity issued by the notified body or designated and report of the safety assessment body in respect of the rules referred to in this paragraph.

5. The authority responsible for railway safety shall, where appropriate, after consulting the applicant, determine the extent and content of the supplementary information to be provided, the risk analyses or the tests required. The tests shall be carried out within a maximum of three months, once the applicant and the railway infrastructure manager have agreed to an action plan. Where appropriate, the said authority shall take the necessary measures to ensure that the tests can be carried out.

6. The authority responsible for railway safety shall decide within the time limits set out below:

(a) Two months after the complete documentation provided for in paragraph 3 of this Article has been submitted;

(b) Following the analysis of the above documentation, the authority responsible for railway safety may request additional information. After full submission of the same, the said authority shall take a decision within the maximum period of one month;

(c) Following the analysis of the documentation referred to above, or as a result of the decision of paragraph b above, the authority responsible for railway safety may request additional evidence. Upon submission in accordance with the results thereof, the said authority shall decide within the maximum period of one month.

In the absence of a resolution by the authority responsible for railway safety, within the time limits laid down, the entry into service of the vehicle concerned shall be understood to have been authorised after a period of three years. months from the end of those deadlines in accordance with the provisions of Article 21.8 of Directive 2008 /57/EC of 17 June 2008. Authorisations granted by other national security authorities for lack of response to the person concerned within the time limits provided for shall not be valid on the General Interest Railway Network.

Article 20. Additional authorisation for entry into service of vehicles not complying with the TSIs.

1. Vehicles which are already authorised in another Member State of the European Union are not in conformity with all relevant TSIs in force at the time of their entry into service, including vehicles subject to derogations, or where a significant part of the essential requirements has not been established in one or more TSIs, they shall require an additional authorisation of entry into service which shall be governed by the following paragraphs.

2. The applicant shall complete the information referred to in Article 17.2 of this order with the following information:

(a) Justified that the vehicle has been authorised to enter into service in another EU Member State and documents on the procedure followed to show that the vehicle met the safety requirements in force, including, where appropriate, information on the exceptions granted;

b) Technical data, maintenance plan and functional characteristics. This includes, in the case of vehicles equipped with data recorders, documentation on the data collection procedure that allows for its visualization and evaluation, as set out in Article 26 of Royal Decree 810/2007, of 22 of June;

(c) Records showing, for the vehicle, the history of exploitation, maintenance and, where appropriate, the technical modifications made after the authorisation;

(d) Data on the technical and operational characteristics, as well as the certificate of conformity issued by the notified body, or, where appropriate, designated, demonstrating that the vehicle is compatible with the infrastructure and the fixed installations (including such as climatic conditions, the power supply system, the control-command and signalling system, the track gauge and the infrastructure gauges, the maximum authorised axle load and other conditions of the Railway Network of General Interest).

3. The authority responsible for railway safety, where there is a substantial security risk, may request additional information referred to in points (a) and (b) of paragraph 2 of this Article.

4. For the purposes of paragraph 2 (c) and (d) of this Article, the authority responsible for railway safety may request additional information. The verification of these paragraphs may only be carried out on the basis of the national rules classified in Groups B and C, which appear in the National Reference Document established in accordance with Decision 2011 /155/EU, and in the absence of such verification. bilateral agreements with the State of the European Union in which it was first authorised.

To perform this verification, the authority responsible for railway safety may require:

(a) Additional information to carry out risk analysis in accordance with Implementing Regulation (EU) of 30 April, or tests on the General Interest Rail Network.

(b) Certificates of conformity issued by the notified body or designated and report of the safety assessment body in respect of the rules referred to in this paragraph.

5. The authority responsible for railway safety, where appropriate, after consulting the applicant, shall determine the scope and content of the additional information, the risk analyses or the required tests. These tests must be carried out within a maximum of three months, once the applicant and the railway infrastructure manager have agreed to an action plan. Where appropriate, the authority responsible for railway safety shall take the necessary measures to ensure that the tests can take place.

6. The authority responsible for railway safety shall take a decision within the time limits set out below:

(a) four months after the complete documentation provided for in paragraph 2 of this Article has been submitted;

(b) Following the analysis of the above documentation, the authority responsible for railway safety may request additional information or risk analysis in accordance with paragraph 3 of this Article. After full submission of the same, the said authority shall take a decision within the maximum period of two months;

(c) Following the analysis of the documentation referred to above, or as a result of the decision of paragraph b above, the authority responsible for railway safety may request tests on the Railway Network of Interest General in accordance with paragraph 3 of this Article. After the submission in accordance with the results thereof, the said authority shall decide within the maximum period of two months

In the absence of a decision by the authority responsible for railway safety, within the time limits laid down, the entry into service of the vehicle concerned shall be understood to have been authorised after a period of three years. months from the end of those deadlines in accordance with the provisions of Article 21.8 of Directive 2008 /57/EC of 17 June 2008. Authorisations granted by other national security authorities for lack of response to the person concerned within the time limits provided for shall not be valid on the General Interest Railway Network.

Article 21. Type authorization and type refresh.

1. The authority responsible for railway safety shall grant, where appropriate, type authorisations, either ex officio in the cases referred to in Article 17.6 of this order, or where specifically requested. For the authorization of type the said authority shall follow the provisions of Articles 17 and 18 of this order, particularized to the type. The certificates of verification issued by the notified body shall be 'EC' certificates of type examination and/or 'EC' design examination certificates, if applicable, respectively the modules SB and/or SH1 referred to in the Decision 2010 /713/EU.

2. Where the relevant provisions of the TSIs and national rules on the basis of which a particular type of vehicle has been authorised are amended, the authority responsible for railway safety shall decide whether or not to authorisations of the type in question already granted remain valid or need to be renewed.

3. The criteria to be verified by the authority responsible for railway safety in the event of renewal of the authorisation for a given type shall only affect the amended rules.

4. Renewal of the authorisation of a given type shall not affect the authorisations of vehicles already granted on the basis of previously authorised types.

5. The authority responsible for railway safety, in accordance with Community legislation, shall provide the European Railway Agency with the necessary information concerning the authorisation of a type, its modification, suspension or revocation for its registration in ERATV.

6. In those cases where the applicant for a type authorisation has initiated the procedure in several Member States at the same time, the authority responsible for railway safety shall cooperate with the other authorities involved in the procedure. simplification of the procedure and in reducing the administrative burden to the maximum.

Article 22. Approval of vehicles conforming to an approved type.

1. In the case of applications for authorisations for vehicles which are in conformity with an already authorised type or series continuations, the authority responsible for railway safety, in accordance with Article 14.6 of this order, shall determine whether the vehicle is whether or not to a duly authorized type.

2. A vehicle conforming to a type already authorised in Spain shall be authorised by the railway safety authority in accordance with the declaration of conformity with that type submitted by the applicant without additional verifications.

3. The application for authorisation shall be submitted to the authority responsible for railway safety and shall include:

(a) The information referred to in Article 17 of this order.

b) A declaration of compliance with the type. The applicant shall use the model declaration of type adopted by Regulation (EU) 2011/201 of 1 March 2011 on the model of declaration of conformity with an authorised type of railway vehicle,

(c) Documentation including evidence that the relevant verification procedures have been followed in accordance with the applicable Community legislation and with the notified national rules, with an indication of the Directives, TSIs, national rules and other provisions under which they are covered. In particular, the verification certificates issued by the notified body shall be the 'EC' certificates of verification and the SD, SF or SH1 modules referred to in Decision 2010 /713/EU may be applied.

Such an application may be filed in the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992, of a Legal Regime of Public Administrations and of the Common Administrative Procedure or through means of electronic according to the provisions of Law 11/2007, of June 22, of electronic access of citizens to public services.

A vehicle conforming to a type already authorised in another Member State of the European Union shall be authorised by the authority responsible for railway safety in accordance with the declaration of conformity with that type presented by the applicant. However, in this case, additional documentation and verification as set out in Articles 19 and 20 of this order may be requested.

Article 23. Modifications.

1. For modifications made to railway vehicles which during the previous communication phase detailed in Article 14.6 have been informed by the authority responsible for railway safety that they need a new authorisation of entry into service, the provisions of the following paragraph shall apply.

2. The application for authorisation for entry into service shall include, in addition to the information referred to in Article 17 of this order, the documentation referred to in Article 18, but shall contain only those modified features, its interface with the other subsystems and, if affected, the interface between the vehicle and the General Interest Rail Network.

CHAPTER IV

Procedure to follow after authorization

Article 24. Establishing train compatibility with the route.

1. Once a vehicle has obtained authorisation for entry into service, it will be the responsibility of the railway undertaking to train the train and to ensure that the train is compatible with the route to which it is to run. To this end, the railway undertaking shall have procedures within its safety management system and shall follow the rules laid down in the current rules on operations and traffic management.

2. In order to ensure compatibility with the route, the railway undertaking must have the precise information through the Infrastructure Register defined by Decision 2011 /633/EU. As long as this Register is not fully operational, and without prejudice to the above paragraph, the railway undertaking may:

a) Delegate such verification to the railway infrastructure manager, if there is a prior agreement between the two parties.

(b) If no agreement exists, the railway infrastructure manager must be required to provide the necessary information to enable the railway infrastructure manager to carry out such verification. All such information shall be made available within a maximum of one month from your request.

TITLE VII

Inspections, suspensions, and revocations

CHAPTER I

Inspection

Article 25. Inspection of the structural and vehicle subsystems.

1. The railway safety authority may inspect the structural subsystems and the vehicles which are part of the railway system at any time in order to verify that they are operated and maintained in accordance with the requirements of the required essential requirements.

2. With regard to rolling stock circulating through the General Interest Rail Network, the authority responsible for railway safety may at any time request the technical and operational assistance of the infrastructure manager. to carry out the inspections referred to in this Article. The railway infrastructure manager within the time limits requested shall provide for this purpose the means and conditions which are required and establish the said authority.

3. The inspections referred to in this Article shall form part of the supervision activities of the safety management systems of railway infrastructure managers and railway undertakings, after the issuance of their security clearances and security certificates, respectively.

4. In the case of vehicles, if the result of the inspections is concluded that there is a risk to the safety of the rail traffic, the authority responsible for railway safety may:

(a) Order the holder of the vehicle to inspect the performance of the appropriate conservation operations within a specified time limit.

b) Order the immobilization of the material, initiating the suspension or revocation procedure set forth in this order.

All of the above without prejudice to the capacity of the railway infrastructure manager to paralyse the movement of a vehicle if it is appreciated that it can endanger safety.

Vehicle inspections may, on the basis of reasoned justification, entail the testing or disassembly of any element of the vehicle.

During the supervision, by the authority responsible for railway safety, of the requirements and assessment criteria applicable to the entities in charge of maintenance, the results of the tests shall be taken into account. inspections carried out on vehicles from which the said entity is responsible.

Article 26. Inventory of vehicles.

Within its technical and operational assistance functions to the authority responsible for railway safety, the Railway Infrastructure Manager shall incorporate the inventory referred to in Article 19 of the Royal Decree 1434/2010 of 5 November 2010, all information relating to the status and characteristics of vehicles which are authorised to circulate by the Railway Network of General Interest. The holders of railway vehicles and railway undertakings shall communicate the data of the vehicles and their modifications which are necessary at any time for the updated maintenance of that inventory. This inventory may be consulted by the railway undertaking operating the material and by the holders for its own material.

CHAPTER II

Suspension and revocation of entry authorizations in service of structural subsystems and vehicles

Article 27. Suspension and revocation of the authorisation of entry into service of the structural subsystems.

1. If, in the exercise of its powers, the safety authority is aware that a structural subsystem has ceased to meet the essential requirements under which it was granted its authorisation for entry into service, suspend such authorisation and inform the person responsible for the subsystem of the situation, giving him the reasons and reasons for the suspension, indicating the maximum period within which he or she is required to take the appropriate measures to remedy the situation. the deficiencies identified so that, once their adoption has been verified, the Cited suspension.

2. The person concerned shall have a period of 15 days, from the date on which the suspension is notified to him, in order to make any allegations which he considers relevant. The authority responsible for railway safety shall give a reasoned decision within a period of 15 days following the end of the previous period and shall communicate it to the parties concerned. After that period of time without notice of the suspension resolution, the procedure shall be terminated.

3. In the event that the remedy does not occur within the time limit laid down in the suspension decision, the authority responsible for railway safety shall, by means of the relevant resolution, revoke the authorisation of entry into subsystem service. This shall be without prejudice, where appropriate, to the initiation of action in relation to the safety certificate of the railway undertaking or the safety authorisation of the railway infrastructure manager which may be referred to as the failure to comply with the conditions required for the holding or maintenance.

4. The resolution of revocation shall be immediately enforceable. Any revocation shall be communicated to all interested parties and shall be entered in the appropriate records. In the case of revocation of additional authorisations issued in accordance with Articles 19 and 20 of this order, the safety authority which issued the initial authorisation shall be notified.

5. The resolution of the authority responsible for railway safety shall bring an end to the administrative procedure and the replacement of the power to replace it within one month, the maximum time being for the issuing and notification of the Resolution of the month-long resource. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

6. The revocation of the authorisation for entry into service shall not give rise to any compensation in favour of the holder and shall be carried out without prejudice to the application, where appropriate, of the system of penalties provided for in the rules in force.

Article 28. Suspension and revocation of the authorisation of entry into service of vehicles.

1. The authority responsible for railway safety may provide a reasoned ban on the movement of a railway vehicle, and shall suspend the authorisation of entry into service of that railway vehicle.

2. The authorisation of entry into service of a railway vehicle may be suspended when:

a) The owner or the holder of the railway vehicle is requested.

b) The maintenance plan for the railway vehicle is breached, affecting compliance with the essential requirements.

c) Any modification to the vehicle maintenance plan that has not been approved by the entity in charge of maintenance responsible for the vehicle has been made.

(d) The safety, reliability and compatibility guarantees required of the vehicle as a result of the inspections referred to in Article 25 are affected.

e) A deterioration occurs during its operation or maintenance that may affect compliance with the essential requirements. If this deterioration affects several vehicles in the same series, the suspension may be extended to all vehicles in the same series until the detected problem is resolved.

The suspension shall take place immediately in the cases referred to in points (a), (b), (c) and (d) of the previous paragraph, without prejudice to the outcome of the suspension procedure referred to in paragraph 1. next.

3. The person concerned shall have a period of 15 days, from the date on which the suspension is notified to him, in order to make any allegations which he considers relevant. The authority responsible for railway safety shall give a reasoned decision within a period of 15 days following the end of the previous period and shall communicate it to the parties concerned. After that period of time without notice of the suspension resolution, the procedure shall be terminated.

4. The suspension shall be notified to the railway infrastructure manager in order to proceed accordingly in order to allow the movement of a vehicle through its network.

5. The holder of a railway vehicle whose authorisation has been suspended may request the authority responsible for railway safety to leave the suspension without effect when the deficiencies caused by the vehicle are remedied. same.

6. The authority responsible for railway safety shall revoke the authorisation of entry into service of a railway vehicle when:

a) The owner or the holder of the railway vehicle is requested.

(b) The deficiencies which have resulted in the suspension of such authorisation have not been remedied.

7. The resolution of revocation shall be immediately enforceable. Any revocation shall be communicated to all potential stakeholders and shall be entered in the appropriate records.

The resolution of the authority responsible for railway safety puts an end to the administrative route and may be brought before the end of a month, with the maximum time limit for issuing and notify the resolution of the month-long resource. After that period without any express resolution, the appeal shall be deemed to be dismissed.

All without prejudice to the right of the persons concerned to resort to the judicial-administrative court.

8. The revocation of the authorisation for entry into service shall not give rise to any compensation in favour of the holder and shall be carried out without prejudice to the application, where appropriate, of the system of penalties provided for in the rules in force.

TITLE VIII

Economic Regime

Article 29. Rate by certification of rolling stock

1. For the purposes of this Article, pursuant to Article 69 of Law 39/2003 of 17 November of the Railway Sector, certification of rolling stock is understood by the authority responsible for security railway, of the authorisation of entry into service for each railway vehicle. Moreover, the exclusive change in the NVE numbering of a vehicle is not considered to be certified, provided that this does not lead to modifications to the vehicle.

2. In accordance with Article 69.4 (c) of Law 39/2003 of 17 November, the following amounts are set for the certification fee for rolling stock:

-String Continuations

-Continuations of string

	Class	Euros/rail vehicle
-Type	3,000
Locomotives:	-Type
-Type modification	300
-String Continuations	300
-propelled units:
-Type	6,000
-Type modification	600
300
:
-Type	1,000
-Type Modification	100
100
:
-Type	1,000
- Modification of type	100
-Serial Continuations	100
Auxiliary Material:
		100
100
-Serial Continuations	100

Type: The vehicle that does not have an authorized type, either new or requires additional authorization.

Modification of type: The vehicle type of a modification and requiring new authorization.

Series Continuations: Each of the vehicles belonging to an already authorized type, either a new or modified vehicle.

Additional disposition first. Authorisation to the authority responsible for railway safety.

The authority responsible for railway safety shall take the necessary measures to comply with this order and shall resolve any doubts that may arise in connection with this order.

Additional provision second. Regime applicable to Rolling Stock Acceptance Agreements.

The authority responsible for railway safety, by virtue of the powers assigned to it in this order, may conclude cross-acceptance agreements for railway rolling stock with other Member States of the Union. European, in order to facilitate the admission of such material, in accordance with the objectives and procedures laid down in Community legislation.

Such agreements may include simplified procedures, establishing particularities in the documentation to be presented.

Additional provision third. Registration of rolling stock.

For the purposes of the registration of data on the registration of railway vehicles in the Rolling Stock Section of the Special Rail Register, as provided for in Article 134.2.i of the Railway Sector Regulation, and of the vehicle numbering system of Article 18 of Royal Decree 1434/2010, the rules laid down in the technical specifications for the interoperability of Traffic Operation and Management shall apply.

NVE will be allocated to vehicles only once, unless otherwise specified in the TSI relating to the operation and management of traffic, irrespective of any additional authorisations required by the TSI. vehicle.

In any event, the applicant for the first authorisation of entry into service of a vehicle shall be responsible for marking the vehicle in question with the NVE it has assigned.

Additional provision fourth. Railway rolling stock which was circulated through the metric wide network of the Railway Network of General Interest before 1 January 2013.

1. In accordance with Article 2 of Royal Decree-Law 22/2012 of 20 July 2012 laying down measures in the field of rail infrastructure and services and the additional provision of Article 9 of Law 17/2012 of 27 December 2012, General State budgets for the year 2013, all the railway rolling stock with which FEVE will count at 31 December 2012 has been integrated, according to its nature and attached to the infrastructure or transport operations, in ADIF or RENFE-Operadora, respectively, in order to comply with the exercise of the functions of each entity.

Likewise, the railway rolling stock that was previously authorised to circulate by the General Interest Rail Network of metric width operated by FEVE, before its extinction, is hereby authorised to circulate on that network on the same terms as it was before 1 January 2013. The validity of this authorisation shall be subject to the provisions of this order in this order.

In any case, such vehicles must be entered in Section V of the Special Rail Register.

2. However, any holder of rolling stock considered included in the preceding paragraph shall submit to the authority responsible for railway safety, within two years of the entry into force of this order, the following: documentation:

a) Identification data of the railway vehicle for which the authorization document is requested.

b) The railway vehicle maintenance plan.

c) Justification that the vehicle was authorized before 1 January 2013.

3. The authority responsible for railway safety, after verifying that the railway vehicle had before 1 January 2013 an authorisation to circulate on the railway network of metric width of state competence, shall grant, formally, the corresponding authorisation for entry into service, which shall not be taken into account for certification of rolling stock, for the purposes of Article 29 of this order.

4. Where the authorisation to circulate a vehicle is suspended at 31 December 2012, the authority responsible for railway safety shall continue with the suspension file, taking the decision to authorise or not to authorise the vehicle. vehicle for the completion of the file.

5. Where the documentation referred to in paragraph 2 is not present within the time limit set out above, the pre-existing authorisation for circular of the railway vehicle concerned shall be revoked.

Additional provision fifth. Report of the European Railway Agency in cases of resources on authorisations for entry into service of vehicles.

Within the procedure for the processing of resources relating to authorisations for entry into service of vehicles, the body responsible for its resolution may, if it considers it appropriate, obtain an opinion from the Railway Agency. European, which shall be notified to the appellant and to the authority responsible for railway safety.

Additional provision sixth. No increase in appropriations or personnel costs.

The measures contained in this order may not result in an increase in either allocation or remuneration or other personnel costs.

First transient disposition. Regulations applicable for the placing in service of vehicles until the approval of the railway instructions.

1. As long as the IF relating to the 'rolling stock' and 'Control-command and signalling-equipment on board' subsystems are not approved, the following rules shall apply:

a. The corresponding technical specifications for interoperability in force at that time.

b. The relevant technical specifications for approval (ETH), in those aspects which are complementary to the TSIs.

2. The rules which, until the publication of the IF relating to the metric width network, shall govern the validation procedures are composed of the following technical standards and instructions:

(a) The technical specification of the metric wide rolling stock (ETM) approved on 13 December 2012 by means of the FEVE Presidency Circular No 22/2012.

(b) The basic material safety standard (NBSM), approved in May 2002, for the metric width material to which the previous ETM does not apply.

These rules will be published in the "Official State Gazette" through the corresponding resolution of the authority responsible for railway safety.

Second transient disposition. Regime applicable to the entry into service of subsystems at the stage of development or implementation.

For subsystems that are in the development or execution stage at the time of entry into force of this order, the authority responsible for railway safety, upon request of the person concerned, may decide not to apply the same for the authorisation of entry into service of those subsystems, taking into account, inter alia, the degree of progress in which the work is to be carried out, subject to the conditions laid down in each case; according to the motivation of the request made.

Transitional provision third. System of validity of the authorisations for putting into service and circulation issued in accordance with Order No 233/2006 of 31 January 2006 laying down the conditions for the approval of railway rolling stock and rolling stock maintenance centres and the amounts of the certification fee for such material are fixed.

1. Any railway vehicle which, at the entry into force of this order, is enabled to circulate by the Railway Network of General Interest and will be registered in the Special Railway Register may continue to be circulated in the the same conditions in which you were authorized to do so.

2. Vehicles which, at the entry into force of this order, have an authorisation for placing in service and a movement authorisation granted in accordance with the requirements of Order FOM/233/2006 shall be deemed to be for all purposes have an authorisation for entry into service of those referred to in this order, provided that they maintain the respective requirements for obtaining them, subject to the conditions and conditions laid down in the Pre-existing authorisations cited.

However, if, at the time of entry into force of this order, a railway vehicle referred to in the preceding paragraph has the suspended circulation authorisation, the holder of the vehicle may apply for the refund of the the authorisation of movement to the authority responsible for railway safety, which shall grant it in the event that the conditions for this are met, granted which shall apply as set out in the preceding paragraph. If, within 6 months of the entry into force of this order, the holder has not applied for the refund of the said authorisation, that authorisation shall be granted.

Transitional disposition fourth. Continuity of the procedures initiated for the authorisation of the placing in service of vehicles.

1. Any railway vehicle which has started the validation process before the railway safety authority for up to three months after the entry into force of this order may choose to continue the validation process in accordance with the previous rules that apply to you or are set out in this order.

2. In the case of vehicles with a metric width which have already been validated in this order, they shall be communicated to the railway safety authority within three months of its entry into force, the intention to continue with the validation process in accordance with the pre-existing rules. Once that period has been exceeded, the general arrangements laid down in this order shall apply. Upon completion of the validation process in accordance with pre-existing standards, this material shall obtain the corresponding authorization in accordance with the provisions of the fourth additional provision.

Transient disposition fifth. Vehicle inspection.

As long as the authority responsible for railway safety does not develop an inspection plan of its own in relation to the first paragraph of Article 25 of this order nor does it establish the system of collaboration which, according to the Second paragraph of that article, the business public entity of the Railway Infrastructure Manager must be provided, this one shall continue to carry out the inspection of vehicles as it has been carrying out.

The results of the vehicle inspections carried out by the business public entity Administrator of Railway Infrastructures shall be communicated to the authority responsible for railway safety with the periodicity to be established and in default each month. However, in the event of any request from the railway safety authority, that public entity shall communicate the information at its disposal to it.

Transitional disposition sixth. State Agency for Railway Safety.

As long as the State Agency for Railway Safety referred to in the fifth subparagraph of paragraph 1 of the third provision of Law 28/2006, of 18 July, of State Agencies is not put into operation, the improvement of public services, the functions of authority responsible for railway safety shall be carried out by the Directorate General of Railways of the Ministry of Public Works, in accordance with the provisions of the transitional provision eighth of the Law of the Railway Sector and in Article 2.v) of Royal Decree 1434/2010 of 5 November, on the interoperability of the rail system of the General Interest Railway Network.

The resolutions that the General Directorate of Railways will dictate under this order will not end the administrative route and will be able to appeal to the public, in accordance with the provisions of the law. 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Single repeal provision. Partial repeal of Order No 233/2006 of 31 January 2006 laying down the conditions for the approval of railway rolling stock and maintenance centres and fixing the amounts of the fee for the certification of the rolling stock material.

Order FOM/233/2006 of 31 January 2006 is partially repealed and the conditions for the approval of railway rolling stock and maintenance centres are regulated and the amounts of the levy are fixed by certification of such material, in particular Articles 3 and 4 of Title I, Title II, Title III, Title IV, Articles 15, 16, 18 and 19 of Title V, and Title VII, as well as additional provisions.

Final disposition first. Amendment of Order No 233/2006 of 31 January 2006 laying down the conditions for the approval of railway rolling stock and maintenance centres and fixing the amounts of the fee for the certification of the rolling stock material.

One. The title of the Order is worded as follows:

Order FOM/233/2006 of 31 January 2006 determining the type-approval scheme for rolling stock centres and their operating conditions. '

Two. Article 1 is worded as follows:

" Article 1. Object and scope of this order.

The purpose of this order is to determine the type-approval scheme for the rolling stock maintenance centres and their operating conditions. '

Three. References to the Directorate-General for Railways shall be construed as referring to the authority responsible for railway safety.

Four. Three additional new provisions are added to Order FOM/233/2006 of 31 January, with the following content:

" Additional disposition first. Approval and ratings of the material maintenance centres for which the business public entity FEVE was available at 31 December 2012.

1. In accordance with the additional provision octagesima novena of Law 17/2012, of 27 December, of General Budget of the State for the year 2013, the centres of maintenance of railway rolling stock at the disposal of FEVE at 31 December 2012 for the performance of operations and operations for the maintenance of railway vehicles, shall be considered to be approved and available to the ratings provided for in the declaration referred to in paragraph 2.b) below and to enable them to continue to carry out maintenance operations or operations which vinieren performing up to that date.

2. Notwithstanding the foregoing, the holders of the maintenance centres referred to in the preceding paragraph shall, within two years of the entry into force of this order, submit to the safety authority Railway Infrastructure Manager and Railway Manager, respectively the following documentation:

a) Identification documentation of the maintenance center, including its quality plan.

b) Statement of RENFE-Operative that accredit the performance, by the maintenance center, of the interventions and operations that, prior to the entry into force of this order, was executing for the rolling stock The railway line running through the network of metric width of the General Interest Railway Network.

c) Statement that collects the activities you perform and the means you account for.

3. Under the revised documentation, the authority responsible for railway safety shall deliver the supporting document of the relevant approval to the centre. The Railway Infrastructure Manager shall also provide the supporting documentation of the appropriate enablement or ratings.

Additional provision second. Other railway rolling stock maintenance centres running through the General Interest Rail Network of metric width.

1. Those railway rolling stock maintenance centres, other than those referred to in the previous provision, which were authorised for the maintenance of the rolling railway rolling stock on 31 December 2012 Railway network of general interest of metric width shall be considered to be approved and approved for a period of two years from the entry into force of this order in order to continue to carry out the operations or operations in that rolling stock maintenance which they would have carried out before the deadline is met, appropriate to the provisions of the provisions.

2. Notwithstanding the foregoing, within six months of the entry into force of this order, the maintenance centres referred to in the preceding paragraph shall submit to the authority responsible for railway safety and the Railway Infrastructure Manager, the following documentation:

a) Identification documentation of the maintenance center, including its quality plan.

(b) A statement responsible for the data subject who accredits the performance of maintenance operations or operations prior to the entry into force of this order.

c) Statement that collects the activities you perform and the means you account for.

d) Responsible statement that the maintenance centre has sufficient financial capacity to meet its obligations.

Within two months of the submission of such documentation, the authority responsible for railway safety and the Railway Infrastructure Manager shall, respectively, formally grant the type-approval. and corresponding ratings or, if applicable, shall be refused, in a reasoned manner.

Expiry of that period without the express resolution shall be deemed to have been deemed to have been approved and approved.

3. The validity of the approvals granted in accordance with this provision shall be subject to the provisions set out for that purpose in this order.

Also, the validity of the ratings granted under this provision shall be limited to the time limit specified in the first paragraph.

Additional provision third. Authorisation to the authority responsible for railway safety.

The authority responsible for railway safety shall take the necessary measures to comply with this order and shall resolve any doubts relating to it. "

Final disposition second. Competence title.

This ministerial order is issued in accordance with the provisions of Article 149.1.14., 21. and 24. of the Spanish Constitution, which attributes to the State exclusive competence in the matter of the General Finance and Debt of the State, railways and land transport which take place within the territory of more than one Autonomous Community and in the field of public works of general interest or the performance of which affects more than one Autonomous Community, respectively.

Final disposition third. Incorporation of European Union law.

By this order the incorporation into Spanish law of Directive 2008 /57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community is completed.

Final disposition fourth. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 6 February 2015. -Minister for Development, Ana Maria Pastor Julian.

ANNEX

Traversed by vehicles to obtain inbound authorization in service

1. General aspects: The final routes defined by this Annex are intended to make it easier for the applicant to demonstrate compliance with technical compatibility and safe integration requirements with the Railway Network of Interest General. Alternatively, the applicant may propose other methods to demonstrate compliance with these aspects.

The routes must be carried out in a stable configuration of the vehicle, in conditions similar to those of future exploitation. They will be independent of the paths performed during the validation processes for the rest of the requirements.

On the other hand, these tours may be used for other purposes such as obtaining the driving staff or commercial simulation, as long as they are carried out under appropriate conditions.

2. Criteria for the definition of the routes: The routes will be carried out in those sections of the General Interest Railway Network with characteristics similar to those of the lines for which the rolling stock is to circulate. validation on the proposal of the applicant. For the performance of these routes, the corresponding provisional authorisation of movement must be made in accordance with Article 16 of this order.

2.1 Tours for the first vehicle in a series ("type") . -The kilometers to do are the following:

● Self-propelled:

High-speed material and speed exceeding 160 km/h:

-New technology type vehicles: 25,000 km.

-Type vehicles from vehicle series in circulation, without significant technological innovations: 10,000 km.

Material Rest of Material: 5,000 km.

● Locomotives:

New development: 10,000 km.

Existing Series Evolution: 5,000 km.

Manoeuvres Locomotives: 2,000 km.

● Cars: 2,000 km.

● Wagons: 1,000 km (of which 500 in charge and 500 in vacuum).

● Rail-road vehicles (bimodals) and the like: 100 km.

● Auxiliary material Rest: 500 km.

2.2 Additional routes under extraordinary conditions.-Where the vehicle subject to the validation is intended to circulate under extraordinary conditions, the applicant shall, where appropriate, propose a justification additional routes to those set out in the previous paragraphs.

The assumptions on which these extraordinary conditions can occur may be, among others:

Vehicles that will circulate along lines with specially restrictive geometrical characteristics, above what is established in the applicable norms (very low radii, very high slopes, load by limited axis ...).

Railway Material with fully innovative technology, not previously experienced.

3. Monitoring of tours and final report: The final report on the behaviour of the vehicle during the same will be issued by the designated body. The supervision of the routes shall be carried out by the designated body or through an independent assessor. Your findings will be taken into account by the safety evaluator's report.

This report will take into account, at least:

-The procedure for controlling these routes established by the manufacturer.

-Results of maintenance plan operations and interventions that have been performed during this period.

-Description and assessment of the incidents during the tours.

-Conclusions on the integration of the vehicle and its compatibility with the General Interest Rail Network.

If during the performance of these routes there was a significant incidence that affected the safety in the circulation and after whose analysis it was concluded that its healing involves the loss of the configuration stable of the vehicle, the routes must be started once again and validated the necessary modifications to address the incident.