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Order Fom/233/2006, Of 31 January, Which Regulate The Conditions For The Approval Of Railway Rolling Stock And Service Centers And The Fee Amounts Are Set For Certification Of Such Material.

Original Language Title: Orden FOM/233/2006, de 31 de enero, por la que se regulan las condiciones para la homologación del material rodante ferroviario y de los centros de mantenimiento y se fijan las cuantías de la tasa por certificación de dicho material.

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TEXT

The requirement of safety in rail transport has determined the approval of different rules aimed at the satisfaction of such a guarantee. These include the Royal Decrees 1191/2000 of 23 June 2000 on interoperability of the high-speed rail system and 646/2003 of 30 May on interoperability of the trans-European conventional rail system, which they have already undertaken, in compliance with the obligations imposed by the Community rules, the regulation of those requirements for railway vehicles which circulate in the space of the railway network of State competition, developing, time, the system of authorisations established for this purpose. With the entry into force of Law 39/2003 of 17 November of the Railway Sector, this guarantee has been increased, among other measures, by the mandate of its article 58, which urges the Ministry of Public Works to regulate conditions and requirements. necessary for the approval and registration of the railway rolling stock which circulates on the lines of the State Railway Network and the system for the authorisation and operation of the centres where this material is to be contained. In compliance with this function, this order aims to establish the requirements and conditions necessary for the circulation of railway vehicles by the Network of General Interest and the regulation of authorizations required in this respect. In addition, the procedures for the approval of railway rolling stock maintenance centres are regulated by imposing the appropriate operating conditions. Finally, by this order, the amounts of the rate for certification of the railway rolling stock are fixed in compliance and with the rating indicated in article 69 of Law 39/2003 of 17 November. They make up the text of this order, thirty-five articles, distributed in seven titles to which 11 additional provisions are added, four transitional provisions, one repeal and one final. In its virtue, with the prior approval of the Minister of Public Administrations and in agreement with the State Council, I have:

TITLE I

General Provisions

Article 1. Purpose and scope of this order.

1. It is the subject of this order: (a) the establishment of the requirements to be met by railway rolling stock for the purpose of the General Interest Rail Network. Those requirements shall relate to the conditions which are intended to ensure, inter alia, safety in the railway movement, the technical compatibility between the equipment and the infrastructure and, where appropriate, interoperability.

b) The regulation of the process of validation of railway rolling stock. (c) the regulation of the operating conditions of the railway rolling stock in relation to the monitoring and permanence of the characteristics checked in the validation process. (d) the determination of the type-approval scheme for the rolling stock maintenance centres and the conditions of operation. (e) The fixing of the amounts of the rolling stock certification fee for each class of railway vehicle.

2. The fixing of the characteristics of the transport units engaged in the transport of dangerous or perishable goods, nor the modification of the technical, inspection, approval or repair regulations of the said transport units is not the subject of this order. units, collected in the RID, in the International Regulations on the Transport of Dangerous Goods by Rail and in the ATP Agreement on the carriage of perishable goods by rail at regulated temperature.

Article 2. Definitions.

For the purposes of this order: (a) "EC" declaration of verification: document issued, in accordance with Community rules, on the basis of the "EC" verification, which is addressed to the General Directorate of Railways for the procurement, where appropriate, of the authorisation to put into service. The contents of this document are those set out in Annex V of the Royal Decrees 1191/2000 of 23 June 2000 and 646/2003 of 30 May on the interoperability of the trans-European high-speed and conventional rail system, respectively.

(b) Technical Specifications for Approval (ETH): a set of technical standards, requirements and conditions which, in the field of safety, reliability, technical compatibility, safety, environmental protection and, where appropriate, interoperability, must comply with any railway vehicle in order to obtain the authorisations for putting into service and circulation. (c) Enablement of a maintenance centre: authorisation granted by the Railway Infrastructure Manager which empowers a maintenance centre for rolling stock holding the same to carry out each maintenance operation or a set of maintenance operations on a particular type or class of railway vehicle. (d) Approval of a maintenance centre: authorisation granted by the Directorate-General for Railways to a railway rolling stock maintenance centre in which it is reflected that it complies with the regulatory, technical and They are required to carry out their activities. (e) Certification bodies: entities accredited by the National Accreditation Entity (ENAC) in accordance with the harmonised standards of the UNE 66,500 series (EN 45000), which are responsible for validating the compliance of the TSH with the rolling stock. (f) Notified bodies: entities responsible for carrying out, in accordance with Community rules, the procedure for assessing conformity or suitability for use of the interoperability constituents or for processing the procedure 'EC' verification of the subsystems referred to in the Royal Decrees 1191/2000 of 23 June 2000 and 646/2003 of 30 May on the interoperability of the trans-European high-speed and conventional rail system respectively. (g) "Maintenance Plan for a Railway Vehicle" means a document containing the set of maintenance operations which define each of the maintenance operations to be carried out on a railway vehicle and the frequency with which they must be carried out throughout their lifetime in order to preserve, in the state required during their validation, the technical characteristics which, in the field of safety, reliability, technical compatibility, safety, environmental protection and, in their Case, interoperability, was required in accordance with the provisions of the HTS. (h) Validation: the approval procedure for railway rolling stock referred to in Article 58 of Law 39/2003 of 17 November of the Railway Sector, which verifies that such material complies with the Technical Specifications of Type-approval (ETH) which is applicable to it. (i) "EC" verification: a procedure whereby a notified body checks and certifies in accordance with Community legislation that a subsystem is in conformity with the provisions of the interoperability Directives and in conformity with the other rules applicable to compliance with the Treaty on European Union and, consequently, it may receive the authorisation for the placing in service of the interoperability Directives. (j) Series: set of railway vehicles of equal physical and technical characteristics.

Article 3. Classification of rolling stock.

1. The railway rolling stock comprises vehicles which are capable of rolling over the rails forming the tracks of the General Interest Railway Network, either with traction which allows them to move or which require them to be towed.

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

a) Locomotives. Locomotive is the railway vehicle which, by means of thermal or electrical traction, is capable of being displaced by itself or and whose main function is to tow other railway vehicles.

b) Self-propelled units. The 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 that makes them able to move themselves. c) Cars. Cars are the self-driving rail vehicles enabled for the transport of passengers, as well as the complementary vehicles for their service. (d) wagons. Wagons are the railway vehicles without their own traction enabled for the transport 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. (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 fixed installations, including, inter alia, the machinery Road, rescue vehicles, workshop trains and motor vehicles adapted to run on the railways.

3. If the technological changes and the circumstances of operation of the Railway Network of General Interest advise it, the classification set out in the previous paragraph may be amended.

Article 4. Requirements for rolling stock to be used by the Railway Network of General Interest.

1. Any railway vehicle which is to be operated by the General Interest Railway Network shall have an authorisation for placing in service provided by the Directorate-General for Railways and the relevant movement authorisation. granted by the Railway Infrastructure Manager.

Rail vehicles which do not have the authorisations referred to in the previous paragraph but need to circulate through the General Interest Rail Network for testing, testing or relocations must be available, 2. The authorisations for placing in service issued by the Directorate-General of Railways may be first or second for the purposes of a provisional authorisation for circulation. 2. level, and shall be reflected in a document entitled 'Authorisation of Service'. 3. The first-level placing authorisation shall be issued in the light of the 'EC' declaration of verification by a notified body certifying that the railway vehicle subject to authorisation complies with the Technical Specifications Interoperability (TSI) to be applied to it, and the favourable validation report issued by a certification body, certifying compliance with the other technical and operational conditions required by the HTS which, equally, is applicable to you. This authorisation characterises the interoperable and interoperable railway rolling stock for the General Interest Rail Network. 4. The authorization for the placing on the second level shall be issued after obtaining, by the railway vehicle subject to authorization, a favourable validation report, signed by a certification body, certifying compliance with the (a) the HTS which are applicable to it. This authorisation characterises the non-interoperable railway rolling stock which can be circulated by the General Interest Rail Network. 5. The Railway Infrastructure Manager shall grant the authorisation of movement to railway vehicles which have the corresponding first or second level putting authorisation, and have successfully completed the authorisation. the routes required by the Member State in accordance with the provisions laid down for that purpose in the HTS which apply to them. This authorisation shall be issued by the Railway Infrastructure Manager by means of a document entitled 'Circulation Authorisation'. 6. The resolutions handed down by the Directorate General of Railways will be used before the General Secretariat of Infrastructures, those that the Administrator of Railway Infrastructures will use to exhaust the administrative route.

TITLE II

Validation of rail vehicles

Article 5. Technical specifications for approval.

1. For the purposes of this order, the approval procedure for railway rolling stock referred to in Article 58 of Law 39/2003 of 17 November shall be referred to as the validation procedure.

2. The Directorate-General for Railways shall, on a proposal from the necessary working groups set up for this purpose, approve the Technical Specifications for Approval (ETH) which must comply with any railway vehicle in order to obtain the corresponding authorisations for putting into service or authorisation for movement. These groups shall be composed of qualified experts in the field and shall be appointed by the Directorate-General for Railways between:

a) members of your own staff,

(b) staff of the Railway Infrastructure Manager, (c) RENFE-Operator staff, (d) experts proposed by railway rolling stock manufacturers, maintenance companies, railway undertakings and other entities they operate in the railway sector, to which the Directorate-General of the Railways will request that they propose possible candidates. (e) The Directorate-General of Railways may also designate other experts as members of that group to consider appropriate.

3. The ETH shall develop, for each class of rolling stock, at least the following contents:

a) The scope to which they are directed.

(b) The security requirements necessary for the movement. (c) The essential requirements of rolling stock and its interfaces with the rest of the rail system. (d) the functional and technical requirements to be met by the rolling stock and its interfaces, including safety parameters, the technical characteristics which ensure its reliability and technical compatibility, the conditions required for health and environmental protection and, where appropriate, the requirements for interoperability. (e) The precise maintenance standards and standards to preserve the technical characteristics required throughout the life of the vehicle. (f) the characteristic equipment or components which, subject to the specific rules applicable to them, ensure in themselves the performance of any of the characteristics required of the rolling stock. (g) the procedures (modules) for conformity assessment and suitability for use, in accordance with the provisions of Council Decision 93 /465/EEC of 22 July 1993 on the modules for the various stages of the procedures for the assessment of conformity and the provisions concerning the system of affixing and use of the CE conformity marking, which are to be used in the technical harmonization directives, the application of which to the collects in Chapter VI of the Technical Specifications for Interoperability for the Material high speed rail and conventional rail.

4. For each class of rolling stock, the TSH may provide the contents referred to in the previous paragraph with different speed thresholds. They shall also deal with the requirements, the technical conditions and the rules which have to affect the interoperable material and the non-interoperable material.

5. The ETH will be published in the "Official Gazette of the State" through the corresponding resolution of the Director General of Railways.

Article 6. General scheme.

1. According to the definition contained in Article 2, the validation of a railway vehicle means the procedure by which the fulfilment of the HTS by the railway vehicle is verified.

2. The holder of any railway vehicle, in advance of the application for authorisation for placing in service referred to in Article 4, must have submitted it to the validation procedure laid down in this Title. 3. Any modified railway vehicle shall, in the terms referred to in this Title, exceed a validation procedure to verify that it complies with the applicable ETH. For this purpose, it is understood by modified railway vehicle that in which any modification of its original physical or technical characteristics has been carried out affecting its safety conditions for circulation, compatibility vehicle with the infrastructure or, where appropriate, its interoperability. 4. In addition, the characteristic components that are defined in the ETH may be validated individually.

Article 7. Validation procedure.

1. The procedures for checking and verifying compliance with the technical specifications applicable to each railway vehicle shall be described in the relevant ETH, in the terms of Article 5.

2. The validation procedure to which the railway rolling stock is to be submitted shall be different depending on whether it is a complete railway vehicle or its characteristic components. The choice of the validation procedure applicable in each case corresponds to the manufacturer or holder of the railway vehicle or characteristic component which is the subject of validation.

Article 8. Phases of the validation procedures.

1. For each railway vehicle class and for each characteristic component which integrates it, the TSH shall determine the scope, content and rules of application to verify and validate the applicable requirements, in accordance with the provisions of Article 5 (3) (b), (d) and (f). They shall also indicate in which stage of the vehicle construction or component manufacturing process they are applied.

2. For the verification and assessment of the characteristics required of a complete railway vehicle, the relevant validation procedure may comprise at least three phases: the design analysis phase, the type test phase and the Series test. 3. Where the validation procedure is carried out on characteristic components which have been manufactured outside the manufacturing process of the railway vehicles in which they are integrated, two further stages may be distinguished: of the manufacturing process and the experience in service. 4. The phases comprising the validation procedure shall consist of:

a) Design analysis phase: a complete and systematic documented examination of the concept of the vehicle, or of the characteristic component, which enables the assessment of its capacity to meet the design requirements required by the HTS.

(b) Type test phase: a set of tests and tests that enable the assessment and testing of a number of or, if necessary, several railway vehicles representative of the manufacturing, or a characteristic component, of the grade compliance with the requirements of the type test required by the ETH. (c) series test phase: a set of tests and tests to enable the assessment and verification of compliance, for each of the railway vehicles manufactured, of the series test requirements to be collected as such in the HTS. This phase shall apply only where the production of the railway vehicles is carried out under an approved quality system. (d) Manufacturing process phase: a set of tests, tests and audits provided for in the HTS for the manufacturing process of characteristic components. (e) "Experience in service" means the validation of compliance with the fitness specifications for the use of the characteristic component, through its use in service, for a specified period of time or travel.

5. In order to carry out the tests carried out during the implementation of the said stages, the traffic on the infrastructure of the Railway Network of General Interest, of the vehicle or railway vehicles which are the subject of validation, shall be carried out. the manufacturer or the owner of the latter shall, in advance, request the granting of a provisional authorisation for circulation and the allocation of the necessary infrastructure capacity to carry them out.

6. Throughout a validation procedure, the certification body responsible for the validation procedure shall evaluate the quality system used by the manufacturer during the design and manufacturing stages of the railway vehicles, with special emphasis on attention to the following aspects:

(a) The calibration and certification of the instruments and laboratories used in testing and testing.

(b) The provisions and procedures laid down to ensure that design or manufacturing modifications established in the type tests apply to all manufactured railway vehicles. (c) the coordination and integration of the quality systems of the various manufacturers involved in the construction of the vehicles or in the manufacture of their characteristic components.

7. The procedure for the validation of a railway vehicle shall end when all the tests and tests required by the ETH which are applicable to the railway vehicle have been positively exceeded, the certification body responsible for it shall issue the timely report indicating the outcome of the validation procedure.

Article 9. Communication of the validation procedure for obtaining an authorisation for placing in service.

1. Where, in order to obtain authorisation for placing in service, the procedure for the validation of a new series of railway vehicles or of a modified railway vehicle, its manufacturer, the operator or the railway undertaking is to be initiated. In the case of the delegate, the General Directorate of Railways shall be informed, prior to its commencement, of the delegation.

This communication shall include the descriptive documentation of the railway vehicles which shall be validated, in accordance with the procedure to be followed in accordance with the HTS applicable to them. This documentation shall include at least where appropriate:

(a) The data of the entity initiating the procedure and the certification body responsible for the procedure.

(b) A description of the railway vehicles in which at least they consist, when applicable:

1. The technical characteristics.

2. º The dimensions and load by axis. 3. The running gear. 4. The brake equipment. 5. The traction equipment. 6. The electronic control, control and registration equipment. 7. ° The planes of the vehicle in sufficient detail to evaluate its general safety characteristics. 8. The manufacturing plan. 9. In the case of modified railway vehicles, a report shall be added to the certification body indicating, in the opinion of that body, the modifications made to it which, if necessary, must be validated again.

2. The Directorate General of Railways, after report of the Railway Infrastructure Manager, which must be issued within 15 working days, will reply to the communication, within two months from the full reception of the requested information, indicating:

(a) The provisional registration plate which, if necessary, the Railway Infrastructure Manager assigns to the vehicle or vehicles.

(b) In the case of modified railway vehicles, the need or not to obtain a new authorisation for putting into service, in accordance with the requirements of the ETH and according to the reports of the certification body and of the Railway Infrastructure Manager.

3. Once the reply of the Directorate-General of Railways has been received, the person concerned shall address the Railway Infrastructure Manager, who shall inform him of the general rules governing his relations with the latter, of the costs which, in his (a) the procedure for validation resulting from the conduct of tests on the railway infrastructure managed by the latter, as well as the amount of guarantees, guarantees or financial guarantees which, according to the The characteristics of such evidence shall, at the time, be deposited with the said entity.

4. After receiving the communication from the Railway Infrastructure Manager, the person concerned shall:

(a) Communicate to the Directorate General of Railways the initiation, where appropriate, of the validation procedure.

(b) To provide, where appropriate, the guarantees established by the Railway Infrastructure Manager, in accordance with the provisions of the previous paragraph, and, where appropriate, to pay the amount of the reported expenses. (c) to request the appropriate provisional authorisations for circulation in the terms set out in Article 11.

TITLE III

Service and circulation authorizations

Article 10. Authorization to put into service.

1. In accordance with the provisions of Article 4.2, first-level authorisation for the placing on the market must be requested from the Directorate-General for Railways by the holder of the railway vehicle while the authorisation to place the Second level service may be requested by the manufacturer of the railway vehicle, by its holder or by the railway undertaking in which they delegate. In both cases, the application shall comply with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2. In the application for the authorisation of the putting into service of the holder or, where appropriate, the manufacturer shall state the type of placing on service that he requests, first or second level, and shall attach the validation report issued by the holder. certification body attesting to the degree of compliance of the TSH which reaches the railway vehicle. Where a first-level placing authorisation is requested, the 'EC' declaration of verification shall also be attached. Where, in accordance with Article 4 (4), the contents of the TSH are specified on the basis of different speed thresholds, depending on the type of rolling stock, the corresponding placing authorisation may be requested. in service for each speed threshold set in these. 3. The Directorate-General for Railways shall, if appropriate, issue no more than three months after the date of receipt of the application, the corresponding authorisation for the placing in service of the railway vehicle or of each of the vehicles making up the series, which have successfully passed the validation and received, where appropriate, the 'EC' declaration of verification. The calculation of the resolution period shall be in accordance with the provisions of Law 30/1992 of 26 November, which may be extended in accordance with Article 42.6 of that Law, and shall be suspended in accordance with Articles 42.5 and 71. 4. The authorization to put into service a series of railway vehicles shall remain effective until any of the physical or technical characteristics which, in the field of safety, reliability, technical compatibility, health, safety, health, safety and health are concerned, environmental protection and, where appropriate, interoperability, define that series. 5. Where the authorisation for placing in service is requested for those railway vehicles which are part of a series which is already duly authorised to be put into service, the General Directorate of Railways shall grant such authorisation. authorisation in the light of the report signed by the certification body attesting to the membership of the series referred to and the favourable improvement of the tests required in accordance with the provisions of the HTS which are applicable to it.

Article 11. Provisional authorisation for movement.

1. In order to carry out the tests, tests or transfers in the General Interest Railway Network it shall be necessary for the railway vehicle to which it affects those to be granted a provisional authorisation of movement granted by the Railway Infrastructure Manager.

2. The provisional authorisation for circulation shall be requested from the Railway Infrastructure Manager, by the manufacturer or, where appropriate, by the holder of the vehicle, in accordance with the provisions of Law No 30/1992 of 26 November 1992, with the sufficient notice, accompanying the following documentation:

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

b) The one identifying the railway vehicle. (c) the nature, the planning and the intended duration of the tests, tests or transfers to be carried out. (d) The description of the fixed installations, the communications and the traction which shall be precise for the performance of the tests and the different entities and persons who will be involved in the tests. (e) in the case of tests and trials, which identifies the certification body responsible for the supervision of the procedure.

3. In the light of the above documentation, the Railway Infrastructure Manager may request, on the basis of reasons of safety and reliability in the movement, the modifications which it considers relevant to the tests, tests or Planned transfers and, after such changes have been made by the applicant, shall grant a provisional authorisation of movement which, as far as possible, shall specify at least:

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

b) The person, natural or legal, who, on behalf of the Railway Infrastructure Manager, will be responsible for monitoring the tests, trials or transfers. (c) the conditions of movement during the tests, tests or transfers. (d) the period of effectiveness of the authorization which shall, in any event, expire at the end of the tests, tests or transfers for which it has been requested.

The granting of this authorization will not require prior validation or commissioning authorization.

The Railway Infrastructure Manager will provide a reasoned decision, granting or rejecting the requested provisional authorisation, within a maximum of one month after the application was submitted. The calculation of the resolution period shall be in accordance with the provisions of Law 30/1992 of 26 November, which may be extended in accordance with Article 42.6 of that Law, and shall be suspended in accordance with Articles 42.5 and 71. 4. The manufacturer or the holder of the material may, where deemed necessary, request an extension of the period authorised for the conduct of the tests. The Railway Infrastructure Manager shall grant or, where appropriate, refuse, in a reasoned manner, the extension.

Article 12. Authorisation of movement.

1. The authorisation of movement for a railway vehicle shall be requested, before the Railway Infrastructure Manager, either by the manufacturer or by the holder of the railway vehicle, once obtained from the Directorate-General of Railway of the authorisations for putting into service. To that request, which shall be in accordance with the provisions of Law No 30/1992 of 26 November, the following information shall be attached: (a) The identification of the applicant, indicating his or her social reason, and his address for the purposes of notifications.

b) The one identifying the railway vehicle for which the authorisation is requested. (c) the authorisation of the placing in service of the vehicle or, where appropriate, the series. (d) the vehicle maintenance plan and the approved maintenance centres in which it intends to carry out the operations described in that plan. (e) the documentation identifying the certification body responsible for supervising the procedure referred to in the following paragraph.

2. The Railway Infrastructure Manager, within the maximum period of one month after the receipt of the previous documentation, shall communicate to the applicant, on the basis of the authorisation for the placing in service of the railway vehicle for (a) which is requested to be approved and in accordance with the requirements laid down in the ETH which are applicable to it, the journeys which the vehicle concerned must exceed in order to be authorised to move.

The calculation of the resolution period shall be in accordance with the provisions of Law 30/1992 of 26 November, which may be extended in accordance with Article 42.6 of the said Law, and shall be suspended in accordance with the provisions of its articles. 42.5 and 71. 3. Once the applicant has submitted the documentation certifying the complete improvement by the corresponding railway vehicle of the minimum routes referred to in the previous section, the Railway Infrastructure Manager grant the appropriate circulation authorisation. The movement authorisation of each railway vehicle shall include the railway lines in which it applies and, where appropriate, the restrictions to which it applies. 4. In such a movement authorisation, the Railway Infrastructure Manager shall attribute the corresponding registration number or alphanumeric identification code referred to in Article 134 (2) (i) of the Regulation The Railway Sector. Likewise, the Railway Infrastructure Manager shall attribute the provisional registration number, which, where appropriate, corresponds to the application of Article 9.2 of this order. For the above purposes, such registration numbers or alphanumeric identification code shall be requested from the Railway Infrastructure Manager by the holder of the railway vehicle, either directly or through a company railway. 5. The effectiveness of the authorisation for the movement of a railway vehicle is subject to compliance with each of the cases referred to in paragraph 2 of the following Article, and may be suspended for any circumstances linked to it. the operation of the railway vehicle as set out in that Article.

Article 13. Suspension and revocation of the movement authorisation.

1. The Railway Infrastructure Manager may, in a reasoned manner, suspend and, where appropriate, revoke the movement authorisation of a railway vehicle.

2. The authorisation for the movement of a railway vehicle shall be suspended temporarily when:

(a) The holder of the railway vehicle is requested.

(b) The maintenance plan for the railway vehicle is not complied with. (c) Any unauthorised modification to the vehicle maintenance plan shall be made. (d) the result of the inspection carried out by the Directorate-General of Railways or the Railway Infrastructure Manager, an impairment of the safety, reliability and compatibility guarantees required of the vehicle. (e) a breakdown which affects any of the vehicle's safety bodies. f) Overcome, during its operation or maintenance, a deterioration that is detected by its holder, by the Railway Infrastructure Manager, by the Directorate General of Railways or by the railway undertaking that operates it.

3. The suspension shall take place immediately in the cases referred to in points (a), (b), (c), (d) and (e) of the previous paragraph. In the case referred to in point (f), the suspension shall take place after the relevant file has been settled and the processing of the hearing shall be completed with the holder of the vehicle so that, within a maximum period of 15 days, the (a) make any relevant claims. If the detected deterioration affects several vehicles in the same series, the suspension may be extended to all vehicles belonging to it until the detected problem is resolved.

4. The holder of a railway vehicle whose movement authorisation has been suspended on a temporary basis may request the Railway Infrastructure Manager to return the vehicle when the deficiencies caused by it are remedied. the suspension. 5. The Railway Infrastructure Manager shall revoke the movement authorisation of a railway vehicle when:

(a) Be requested by the holder of the railway vehicle.

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

Titulo IV

Interoperable material

Article 14. EC declaration of verification.

For the purpose of obtaining the "EC" declaration of verification before a Spanish notified body, the latter and the Railway Infrastructure Manager shall establish, by mutual agreement, the specific conditions in which they must carry out the tests of that material when they require the use of the General Interest Rail Network and the mode of use of the railway infrastructure capacity necessary for its implementation.

TITLE V

Operating the rolling stock and maintenance plan

Article 15. General provisions.

1. Without prejudice to the provisions of the sixth additional provision, any railway vehicle which is to be operated by the General Interest Railway Network shall have a movement authorisation granted by the Administrator of the Railway. Railway infrastructure according to the cases referred to in Articles 11 and 12.

2. The validity of the authorisation for the movement of a railway vehicle is subject to the correct fulfilment of its maintenance plan. 3. It is the responsibility of the holder of a railway vehicle to comply with the maintenance plan. The railway undertaking which operates it, when it does not coincide with the railway undertaking, must verify that compliance.

Article 16. Database of rolling stock and control of maintenance plans.

1. The Railway Infrastructure Manager shall maintain a database with all the information relating to the status and characteristics of the railway rolling stock that is authorised to run by the General Interest Rail Network. The holders of railway vehicles and railway undertakings shall communicate to the Railway Infrastructure Manager, in accordance with the instructions laid down by them, the data and the modifications thereof to each railway undertaking. time is required for the updated maintenance of that database. This database may be consulted by the railway undertaking operating the material and, for its own material, by the holders of the material.

2. In addition, the Railway Infrastructure Manager will monitor compliance with the maintenance plans of the railway rolling stock, as well as any modifications made to it as long as they affect the established requirements. at the ETH.

Article 17. Maintenance operations.

1. The implementation of the maintenance plan shall be carried out by duly approved maintenance centres as provided for in Title VI.

2. All maintenance operations and operations carried out by a maintenance centre approved on a railway vehicle shall be recorded in a document signed by a technical officer in the centre of maintenance, which shall be delivered to the holder of the vehicle maintained. 3. The approved maintenance centres are obliged to keep the documentation showing the performance, on the other hand, of the maintenance operations resulting from the execution, on a railway vehicle, of an intervention of maintenance until the same or a higher level of intervention containing all the maintenance operations of the same one is carried out again or, in another case, this documentation shall be kept for a period of 10 years from the date of that was made. 4. The approved maintenance centres are obliged to communicate to the holder of the vehicle, in the form specified by the Railway Infrastructure Manager, the maintenance interventions on a railway vehicle. it shall be carried out on behalf of its holder so that the database referred to in Article 16 can be duly maintained and updated. The Railway Infrastructure Manager shall communicate to the General Directorate of Railways the contents of this information that must be incorporated in the Special Railway Register. In the case of railway vehicles kept in centres located outside Spain, it shall be the responsibility of the holder of the railway vehicle to obtain the information referred to in this Article and his communication to the Railway Infrastructure.

Article 18. Modification of maintenance plans.

1. The holder of a railway vehicle or, where appropriate, the railway undertaking operating it or the Railway Infrastructure Manager, may propose the modification of the plans for the maintenance of a railway undertaking-the railway undertaking, in the case of an inadequate exploitation of the latter, of a malfunction or of any other circumstance that I advise.

2. The holder of a railway vehicle that wishes to modify the plan of maintenance of this, will raise a proposal of modification to the Administrator of Railway Infrastructures along with a technical justification of the same, that will be presented pursuant to Law No 30/1992 of 26 November 1992. The Railway Infrastructure Manager shall, within a maximum of one month from its receipt, give a reasoned approval or refusal of the proposed amendment. Where, due to the scope of the proposed amendments, the Railway Infrastructure Manager needs a longer period of time to issue its report, the latter may, in a reasoned opinion, provide for an extension of the report, which may not exceed one month. On the expiry of that period or, where appropriate, extension, without any express resolution, the application shall be deemed to be considered. The calculation of the resolution period shall be in accordance with the provisions of Law 30/1992 of 26 November, which may be extended according to the article 42.6 of that Law, and shall be suspended in accordance with the provisions of Articles 42.5 and 71 thereof. 3. Where, as a result of some of the assumptions set out in points (d), (e) and (f) of the article-13 (2), the Railway Infrastructure Manager considers it necessary to amend the maintenance plan of the rail vehicle concerned by such cases shall, in particular, give the holder the opportunity to make the necessary changes to the holder. 4. The modification of the maintenance plans shall be recorded, when approved, in the database of the Railway Infrastructure Manager referred to in Article 16 and in the Special Rail Register, with indication, in both cases, of the date on which it occurs.

Article 19. Inspection of rolling stock.

1. The Directorate-General of Railways and the Railway Infrastructure Manager may at any time inspect the state of conservation of the material that circulates through the General Interest Rail Network, in all respects. related to the compliance with the HTS that affect it.

2. The inspections referred to in the preceding paragraph shall be carried out on railway vehicles which have their driving licence in force and may, on the basis of reasoned justification, carry out tests and even the dismantling of some security element. 3. If the result of the inspections is concluded that there is a risk to the safety of the railway traffic, the Railway Infrastructure Manager may, on its own initiative or at the request of the General Directorate of Railways:

(a) Order the holder of the vehicle to inspect the performance of the appropriate conservation operations, giving him a period of time.

(b) Inmobilize the material, suspending its circulation authorization and determining the conditions for its restitution. (c) Install an inspection of the maintenance centres where the maintenance of the affected rolling stock is carried out.

Titulo VI

The maintenance centers for the rolling stock

Chapter I

General Regime

Article 20. Scope and requirements for approval and rating.

1. Railway rolling stock maintenance centres are organisations which are designed to carry out maintenance operations and the operations which integrate them, which are set out in the maintenance plan for each railway vehicle, in accordance with set in this order.

2. In order to carry out its duties, any maintenance centre must be approved and shall also have an entitlement for each maintenance intervention which it carries out according to the railway vehicle it maintains.

Article 21. Functions.

1. For the purposes of this Title, the functions of the maintenance centres are: (a) the preparation of the work programmes and processes corresponding to each maintenance intervention.

(b) The implementation of maintenance operations and operations collected in the maintenance plans entrusted to it by the holder of the railway vehicle. (c) the drawing up and formalisation of the documentation on the maintenance operations and operations carried out on each railway vehicle, with the signature of the technical officer, in accordance with the quality plan of the maintenance centre. (d) the formulation of recommendations to the holders of the railway vehicles which they maintain on the modification of their maintenance plans.

2. Maintenance centres may establish agreements with each other, with railway undertakings and other entities, to make use of their facilities and to carry out the agreed maintenance operations and operations.

Article 22. Operating system.

1. The maintenance centres shall draw up the work programmes and processes corresponding to each maintenance intervention they intend to carry out, specifying the maintenance operations to be carried out, the documentation which is use and the one to be completed during its implementation, the quality assurance to be applied and the tasks which may be subcontracted in relation to the safety bodies.

2. The maintenance centres shall communicate to the holder of the railway vehicle or, where appropriate, the railway undertaking operating it, any proposed amendment affecting the cycles or types of intervention in which a plan is divided. maintenance, or affect, in relation to the aspects listed in the ETH, to the consistency or scope of the operations that make up a particular maintenance intervention. 3. Proposals for amendments which may affect any of the requirements which have been required of a maintenance centre for the grant of approval or of its ratings shall be submitted to the Directorate-General for Railways or, where appropriate, the Railway Infrastructure Manager, in the case of approvals or ratings, which shall be resolved within one month.

When, due to the scope of the proposed amendments, the Directorate-General of Railways or the Railway Infrastructure Manager needs a longer period of time to issue its report, they may establish, (a) the reasons for the extension of the period of validity of the application;

The calculation of the resolution period shall be in accordance with the provisions of Law 30/1992 of 26 November, which may be extended in accordance with Article 42.6 of the said Law, and shall be suspended in accordance with the provisions of its articles. 42.5 and 71.

Article 23. Documentation of the maintenance operations.

In accordance with the obligation imposed on maintenance centres approved in Article 17.3, the documentation to be kept for the time laid down in that Article shall be at least the following: (a) work programmes for the implementation of the various maintenance interventions for which the centre is enabled.

b) The documentation of the maintenance operations performed on each railway vehicle, collecting its scope, consistency and result.

Article 24. Inspection regime.

1. The approved rolling stock maintenance centres shall be inspected by the Directorate-General for Railways in relation to the permanent fulfilment of the conditions required for the granting of their approval.

2. Such centres shall also be the subject of inspection by the Railway Infrastructure Manager in relation to the permanent fulfilment of the conditions required for the granting of the ratings and, in particular, refers to all those aspects related to the performance of operations linked to the fulfilment of the railway vehicle maintenance plans that they carry out. 3. Such centres shall provide, to the Directorate General of Railways and the Railway Infrastructure Manager, how much information related to the railway vehicles they maintain is required by them as a result of their inspection activities.

Chapter II

Approval of maintenance centres

Article 25. Requirements for approval.

1. The approval of the railway rolling stock maintenance centres, in accordance with the procedure laid down in this Chapter, is the responsibility of the Directorate-General for Railways.

2. For the approval of a railway rolling stock maintenance centre, compliance by the applicant centre with the following requirements shall be required:

a) Revestir the form of a business public entity, a merchant company or a part of one of them.

b) Demonstrate technical skills and professional competence. (c) Having financial capacity to meet its obligations. (d) to cover the civil liability which may be required.

3. The maintenance centres in which the following circumstances are met shall not be approved:

(a) The penalties for very serious administrative offences provided for in the trade and defence legislation of the competition, within five years of the imposition of the penalty.

(b) Punished or convicted, by judgment or firm judgment, for very serious infringements committed either in the field of specific transport legislation or in respect of obligations arising from the rules social or labour, in particular the legislation on safety and health at work, within five years of the sanction resolution. (c) Those who do not meet the payment of the tax obligations to which the centre is obliged, as well as their obligations towards social security. (d) When managers or members of the management staff, either from the centre or from the entities or companies to which they belong, suffer or have suffered, in or outside Spain, a custodial sentence until five years years since their full compliance, those declared to be in court or disabled or suspended to exercise administrative positions in companies or those who have been punished or convicted by means of a decision or a firm judgment for the offences to which refer to the preceding letters, until their liability is completely extinguished penalty.

Article 26. Criteria for assessing technical capacity and professional competence.

1. The maintenance centre shall comply with the requirement of technical competence and professional competence where it has: (a) a business structure which ensures the maintenance of railway rolling stock with sufficient quality.

b) Persons responsible for maintenance, adequately trained and in sufficient numbers. (c) means and, where appropriate, appropriate facilities and in sufficient numbers to carry out the activity for which approval is sought.

2. It is understood that the maintenance centre has a business structure capable of carrying out the maintenance of the railway rolling stock, if its organisation has a staff with sufficient experience and qualifications for the railway. exercise of the maintenance operations of the rolling stock and with a quality plan which establishes the quality standards required for the performance of the operations concerned.

3. Maintenance officers shall be deemed to be adequately trained if they are university technical graduates and provide sufficient theoretical and practical knowledge of the subjects of the maintenance programme or, in their (i) a minimum of five years ' experience in maintenance work and a level of training equivalent to that given by the training courses of higher-grade vocational training. 4. It shall be estimated that the centre meets the requirement of having a means and, where appropriate, facilities suitable for the needs to be covered, if it has:

a) The appropriate equipment to perform maintenance operations.

b) The workshops and, where appropriate, warehouses, sufficiently equipped to carry out the maintenance activities that it intends to attend. c) A file system for the documentation relating to your staff, work programs and maintenance operations.

Article 27. Criteria for assessing financial capacity.

The financial capacity requirement shall be met when the entity requesting the approval has sufficient resources to deal with, at any time, the obligations it has incurred or may contract, during a period of 12 months, to be counted from the grant of approval. The financial capacity may be credited by the submission of an expert report or appropriate documents, issued by credit institutions or auditors.

Article 28. Criteria for assessing coverage of civil liability.

A maintenance centre shall be understood to cover its liability for civil liability arising from maintenance operations which it carries out if it has a liability insurance for an amount equivalent to at least five percent of the annual turnover of its maintenance activity.

Article 29. Approval procedure for maintenance centres.

1. The application for approval of a maintenance centre shall be submitted to the Directorate-General for Railways in accordance with the terms laid down in Law 30/1992 of 26 November 1992 and shall include the formal assumption by the person concerned of the number of obligations is imposed on him in this order.

This application shall be accompanied by the documentation which the person concerned considers to be able to contribute to a better knowledge and assessment of his/her request, including at least the following:

(a) In the case of commercial companies, the writing of the constitution and, where appropriate, the modification of its statutes, with the expression of its social object and its social capital at the time of the application.

b) The supporting documentation of the power of your representative. (c) a statement responsible for not finding the person concerned in any of the cases referred to in Article 25, as soon as it is not possible to provide the relevant certificates. Administrators or managers of undertakings applying for approval and having a foreign nationality must present a certificate issued by the competent authority of their country stating that no such certificate is available in any of the the cases referred to in that Article. (d) An establishment plan setting out the main managers. e) A statement of activities. (f) a justified relationship between the equipment, installations and other material means at its disposal. g) A quality plan. (h) A health and safety plan for the exercise of its activity. (i) the supporting documents of existing agreements with railway undertakings or other entities to use their equipment and facilities, if they have been concluded. (j) The document certifying that the approval fee for maintenance centres, established by Article 69 of Law 39/2003 of 17 November, has been satisfied.

2. Once the request has been received with the required documentation, the Directorate General of Railways will forward the file to the Railway Infrastructure Manager so that, within one month of receipt, it will issue a report to the Railway Infrastructure Manager. aspects related to the technical suitability of their equipment and facilities.

3. The Directorate-General for Railways, either on its own initiative or at the request of the Railway Infrastructure Manager, before issuing a decision, may require the applicant to provide information, clarifications or assessment reports, which are supported by entities of proven capacity, consider necessary, on their request or on the documents accompanying them. Such a requirement shall interrupt the calculation of the time limit for resolving the application. The calculation of the resolution period shall be in accordance with the provisions of Law 30/1992 of 26 November, which may be extended in accordance with Article 42.6 of that Law, and shall be suspended in accordance with Articles 42.5 and 71. 4. The Directorate-General for Railways shall, after inspection of the maintenance centre, give a reasoned decision within a maximum of five months from the date of submission of the application, grant approval or refuse to inform it of the this to the interested party, giving transfer of the resolved to the Administrator of Railway Infrastructures. Finally, the corresponding data of the approved centre will be entered in the Special Railway Register. If the time limit has not elapsed, the application shall be deemed to be considered.

Article 30. Validity of the approval.

1. The approval shall remain valid for as long as the maintenance centre complies with the requirements laid down in this order for granting.

2. It is for the Directorate-General of Railways to verify that the maintenance centre complies with those requirements. For these purposes, the Directorate-General for Railways shall carry out checks on maintenance centres:

a) Annually, at least.

(b) Where there are reasonable doubts as to possible non-compliance with the requirements that are required for them. c) Randomly, at any time.

3. The Directorate-General of Railways may, for the exercise of its tasks, count on the collaboration of proven entities.

4. Where the Directorate-General of Railways finds that a maintenance centre no longer meets the requirements to be required, it shall initiate the procedure for suspension or, where appropriate, revocation of the approval of the maintenance centre, as set out in the following Article.

Article 31. Suspension and revocation of approval.

1. The Directorate-General for Railways may give a reasoned suspension of the approval granted to a maintenance centre. Such suspension shall be agreed upon when the failure to comply with any of the conditions required for its granting is established and the detected non-compliances are not remedied.

The resolution agreeing to suspend the approval shall be immediately enforceable from its notification to the data subject and shall be communicated to the Railway Infrastructure Manager and the Special Rail Register. The suspension of an approval shall be implied by the suspension of all the ratings available to the maintenance centre and shall not give rise to any compensation in favour of the holder. 2. The General Directorate of Railways shall revoke the approval of a maintenance centre where the non-compliances which had caused the suspension of such approval would not have been adequately remedied within two years. since the suspension has been executed. Such revocation shall imply the withdrawal of all the ratings provided for by the maintenance centre and shall not give rise to any compensation in favour of the holder.

Chapter III

Enabling maintenance centers

Article 32. Ratings of maintenance centres.

1. The approved railway rolling stock maintenance centres shall require a specific rating for each type of maintenance intervention to be carried out in accordance with the characteristics of the railway vehicle to be carried out. maintain.

2. It is up to the Railway Infrastructure Manager to grant the ratings referred to in the previous paragraph. 3. The approved maintenance centre, which is required to carry out certain maintenance operations, shall submit the relevant application, in accordance with the provisions of Law No 30/1992 of 26 November 1992. Manager of Railway Infrastructure, to which he will accompany the work plan outlined below, as well as the documentation relating to the means available to the applicant centre to carry out such interventions. This work plan shall contain at least the following information:

(a) The interventions that they intend to make, with an indication of the facilities in which they are to be carried out.

b) The procedures to be applied for the exercise of your activity. (c) the documentation certifying the performance of the maintenance operations. (d) the quality plan applicable to the performance of their duties, including the control and testing procedures to be used. (e) Maintenance operations on safety bodies which are intended to be carried out under contract with an indication of subcontractors. (f) Online testing which may be carried out.

4. The Railway Infrastructure Manager, before issuing the relevant resolution, may require the requesting centre to provide information, clarifications or assessment reports, which are supported by proven entities, necessary. The time limits for the submission of supplementary information shall interrupt the time limit for the application.

5. The Railway Infrastructure Manager, after inspection of the maintenance centre, shall give a reasoned decision within a maximum period of two months from the submission of the documentation required for the application, giving the enabling or enabling requested or, where appropriate, denying them, by transferring the resolved to the Directorate General of Railways for entry in the Special Railway Register. Where, due to the scope of the documentation submitted, the Railway Infrastructure Manager needs a longer period of time to issue its report, the latter may, in a reasoned opinion, provide for an extension of the report, which may not exceed one month. On the expiry of that period or, where appropriate, extension, without any express resolution, the application shall be deemed to be considered. The calculation of the resolution period shall be in accordance with the provisions of Law 30/1992 of 26 November, which may be extended in accordance with Article 42.6 of that Law, and shall be suspended in accordance with Articles 42.5 and 71. 6. For new maintenance centres which are set up after the entry into force of Law 39/2003 of 17 November, as well as for new authorisations applying for existing centres at the entry into force of that law, and without prejudice, in this case, as referred to in the third subparagraph of the eighth additional provision, the costs of each rating process shall be borne by the applicant. 7. Where an approved railway rolling stock maintenance centre subcontracts the performance of certain maintenance operations which are part of the maintenance intervention for which it is enabled, the responsibility for such performance shall be from the holding centre of the habilitation.

Article 33. Validity of the ratings.

1. The ratings shall be valid for a period of five years, provided that the maintenance centre complies with the accredited requirements for granting it, and may be renewed for equal periods.

2. It is up to the Railway Infrastructure Manager to check compliance with the requirements for the maintenance centre. For this purpose, this entity shall carry out, on maintenance centres, random checks or when it has reasonable doubts as to possible non-compliance by the same conditions with the conditions which they require. The Railway Infrastructure Manager may count, for the exercise of these control functions, with the collaboration of entities of proven capacity. 3. For the renewal of the validity of the rating or ratings at the disposal of a maintenance centre, the maintenance centre shall, in good time, present an audit report to the Railway Infrastructure Manager. (i) credit the fulfilment of the requirements and the maintenance of the conditions under which they were granted. The Railway Infrastructure Manager shall decide, in a reasoned manner, within one month of receipt of the audit report, on the renewal of the rating. 4. When the Railway Infrastructure Manager establishes that a maintenance centre has ceased to comply with the requirements to be required, it shall initiate the procedures for suspension or, where appropriate, revocation of the (i)

Article 34. Suspension and revocation of the ratings.

1. The Railway Infrastructure Manager shall provide a reasoned suspension of the rating or ratings which it has granted to a maintenance centre when it finds the non-compliance by the maintenance centre of any of the conditions required for their granting.

2. The resolution by which the Railway Infrastructure Manager agrees to suspend an entitlement shall be immediately enforceable from notification to the person concerned and shall be communicated to the Directorate-General of Railways for its annotation in the Special Register of Rail. 3. The suspensions will be maintained until all the required conditions are met, and then, after the appropriate process, they will be lifted. 4. The Railway Infrastructure Manager shall revoke the ratings of a maintenance centre where the non-compliances that had caused its suspension would not have been adequately remedied within two years after the date of the suspension. the suspension was produced. Such revocation shall not give rise to any compensation in favour of the holder.

Titulo VII

Economic Regime

Article 35. Certification fee for rolling stock.

1. For the purposes of this Article, pursuant to Article 69 of Law 39/2003 of 17 November, certification of rolling stock is understood to be issued by the Directorate-General of Railways for the authorisation of the in service for each railway vehicle.

2. In accordance with point (c) of the Article cited in the previous paragraph, the following amounts are set for the rolling stock certification fee:

Class

Euros/rail vehicle

Locomotives

1,800

-propelled Units

3,000

100

100

Rolling Stock

100

Additional disposition first. Designation of the working group for the drafting of the Technical Approval Specifications.

The Directorate-General of Railways shall designate, within two months after the date of entry into force of this order, in accordance with Article 5, the members who shall make up the working group to be drawn up by the Proposals for Technical Specifications for Approval (ETH).

Additional provision second. Approval of the Technical Specifications for Approval.

The Directorate-General of Railways shall approve, within 30 months of the date of entry into force of this order, the ETH to govern the process of validation of any railway vehicle.

Additional provision third. Railway rolling stock with which RENFE-Operadora counts on the entry into force of Law 39/2003 of 17 November.

1. In accordance with the sixth provision of Law 39/2003 of 17 November, all the railway rolling stock with which RENFE-Operadora will count on the entry into force of that law, entered in the register which on material had until This entry into force the National Network of the Spanish Railways, is understood to be validated.

In addition, under the corresponding circulation authorisation granted by the National Network of the Spanish Railways with which it had this material before that date, it is authorised to circulate on the Railway Network of General Interest on the same terms as it was before 31 December 2004. The validity of this authorisation shall be subject to the provisions of Article 13 of this order. 2. However, any holder of rolling stock considered included in the previous paragraph shall submit to the Railway Infrastructure Manager within two years of the entry into force of Law 39/2003 of 17 November. next documentation:

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

b) The railway vehicle maintenance plan.

3. The Railway Infrastructure Manager, after verifying that the railway vehicle had prior to the entry into force of Law 39/2003 of 17 November, of an authorisation to circulate on the railway network of competition state, will formally grant the corresponding movement authorisation.

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

Additional provision fourth. Railway rolling stock at the disposal of the Railway Infrastructure Manager.

1. In accordance with the second paragraph of Article 2 (4) of Royal Decree 2395/2004 of 30 December 2004 approving the Statute of the business public entity, the Railway Infrastructure Manager, the rolling stock the railway that was at the disposal of that entity at the entry into force of Law 39/2003, of 17 November, is understood to be validated, being able to circulate by the Network of General Interest, in order to fulfill the exercise of the functions of this entity, with the same object and under the same technical conditions and strict regimes as those covered by the contracts, agreements or authorisations which covered their circulation before that date. The validity of this authorisation shall be subject to the provisions of Article 13 of this order.

2. Without prejudice to the provisions of the preceding paragraph, the railway rolling stock considered to be included in that paragraph and to be registered in the register on which it was carrying, until the entry into force of Law 39/2003 of 17 November, the National Network of the Spanish Railways, shall formally obtain the authorization of movement for which its holders shall comply with the provisions of paragraphs 2, 3 and 4 of the third provision. 3. In addition, within six months of the entry into force of this order, the material referred to in the first paragraph and which is not registered in the register referred to in the preceding paragraph, shall have an authorization of circulation granted by the Administrator of Railway Infrastructures for which the holders of this material will act according to the procedure arranged to this effect in this order.

Additional provision fifth. Other railway vehicles running under the current General Interest Railway Network prior to the entry into force of Law 39/2003 of 17 November.

1. The railway rolling stock, other than that affected by the two previous provisions, which was registered in the register on material carried, until the entry into force of Law 39/2003 of 17 November, the National Network of the The Spanish Railways, had circulated, before that date, so today it constitutes the Network of General Interest, will be considered suitable for continuing to provide the service that it was then carrying out.

Likewise, this material is understood to be authorized to circulate by this network, with equal object, same technical conditions and strict regimes to those collected in the contracts, conventions or authorizations that protected that circulation. In addition to the above, the validity of this authorisation shall be subject to the provisions of Article 13 of this order. 2. The authorisation of movement of such vehicles, in the terms of the preceding paragraph, shall be subject, at all times, to the specific slogans and operating arrangements established by the Railway Infrastructure Manager, in order to ensure the necessary safety in the movement. 3. However, before 31 December 2006, the holders of the railway vehicles referred to in this provision shall obtain the right of movement for such vehicles, in accordance with the procedure referred to in paragraph 1. effect in this order.

Additional provision sixth. Movement of authorised rail vehicles abroad.

1. Any railway vehicle registered outside Spain and complying with the requirements laid down in the rules of the International Convention on International Carriage by Rail (COTIF), made in Berne on 17 February 1984, may Circular by the General Interest Railway Network, under the conditions that, if necessary, may be imposed by the Railway Infrastructure Manager, in accordance with the current regulations regarding the movement and safety of the railway.

2. Any railway vehicle which is to be run by the General Interest Railway Network and is registered outside Spain and which is not included in the vehicles referred to in the preceding paragraph, shall obtain the corresponding authorisation of movement in accordance with the provisions of this order.

Additional provision seventh. Approval and ratings of the maintenance centres that the entity RENFE-Operadora will have for the entry into force of the Regulations of the Railway Sector.

1. In accordance with the transitional provision of Royal Decree 2387/2004 of 30 December 2004 on the Regulation of the Railway Sector, the railway rolling stock maintenance centres at the disposal of RENFE-Operadora a the entry into force of that royal decree, for the performance of the operations and operations of maintenance of railway vehicles, shall be considered to be approved and in the disposition of the ratings that are credited in the declaration to that referred to in paragraph 2 (b) below and to enable them to continue to carry out the maintenance operations that have been carried out up to that date.

2. However, the holders of the maintenance centres referred to in the preceding paragraph must submit, within two years of the entry into force of this order, to the Directorate-General for Railways and the Railway Infrastructure Manager, respectively, the following documentation, distinguishing between that which is related to the approval or to the ratings:

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 with which the National Network of the Spanish Railways counted. (c) a declaration that includes the activities it carries out and the means with which it counts.

3. The Directorate-General of Railways shall, as revised, provide the supporting document of the relevant approval to the Centre. The Railway Infrastructure Manager will also provide the supporting documentation of the appropriate enablement or ratings.

Additional disposition octave. Other railway rolling stock maintenance centres.

1. Those maintenance centres, other than those referred to in the previous provision, which, before the entry into force of Royal Decree 2387/2004 of 30 December 2004, maintain railway rolling stock, shall be considered to be approved and enabled to continue to carry out the operations or maintenance operations which they have been carrying out for a period of two years from the date of entry into force of this order, and before the deadline is met, the provisions in it.

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 General Directorate of Railways and the Railway Infrastructure, the following documentation:

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

(b) a statement responsible for the person concerned who accredits the performance of maintenance operations or operations prior to the entry into force of this order. (c) a declaration that includes the activities it carries out and the means with which it counts. (d) a responsible declaration stating that the maintenance centre has sufficient financial capacity to meet its obligations.

Within two months of the submission of such documentation, the Directorate-General of Railways and the Railway Infrastructure Manager shall, respectively, formally grant the approval and They shall be refused, on the grounds of their reasons.

The calculation of the resolution period shall be in accordance with the provisions of Law 30/1992 of 26 November, which may be extended in accordance with Article 42.6 of the said Law, and shall be suspended in accordance with the provisions of its articles. 42.5 and 71. 3. Also, those maintenance centres which, in accordance with the provisions of the previous provision, are approved and available to the relevant ratings to enable them to continue to maintain the rolling stock. railway which, at the entry into force of Law 39/2003 of 17 November, was at the disposal of RENFE-Operadora, would have, moreover, maintained other railway vehicles, will be understood to be able to continue exercising the interventions and maintenance operations which on these other vehicles were carried out before the Date. However, the above mentioned centres will have to obtain, formally, the particular ratings that for these vehicles will be specified, for which they will have to present before the Administrator of Railway Infrastructures, within the six months following the entry into force of this order, the following documentation:

(a) Statement responsible for the holders of the railway vehicles certifying the performance by the maintenance centre of operations and maintenance operations on their vehicles prior to the entry into This order will be effective.

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

Within two months of the correct submission of the said documentation, the Railway Infrastructure Manager shall formally grant the corresponding ratings or, if applicable, refuse them, motivated.

4. The validity of the approvals granted in accordance with this provision shall be subject to the provisions laid down for that purpose in this order. Furthermore, the validity of the ratings granted in accordance with this provision shall be limited to the period referred to in the first paragraph.

Additional provision ninth. Railway vehicles maintained by maintenance centres located outside Spain.

When in an inspector's performance any anomaly, defect or deterioration in a rolling stock that was maintained by a maintenance centre located outside Spain, and which could imply a decrease in the safety in rail traffic or damage to the railway infrastructure, the Railway Infrastructure Manager, on its own initiative or at the request of the Directorate-General of Railways, may order the immobilisation of such a vehicle and urge the healing of those.

Additional provision 10th. Authorization to the Directorate General of Railways.

The General Directorate of Railways will take the necessary measures to comply with this order, and will resolve any doubts that may arise in connection with this order. The Director-General of Railways may also, by means of a resolution, amend the classification of rolling stock subject to the conditions set out in Article 3.3.

Additional provision eleventh. 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, The following criteria shall apply: (a) Rolling stock of ownership of railway undertakings: registration of the vehicle in accordance with the rules laid down by the International Union of Railways shall be entered (UIC) for vehicle registration.

(b) Rolling stock of ownership of other operators other than railway undertakings: Registration shall be entered in the form of instructions to be drawn up by the Directorate-General for Railways, based on referred to by the UIC, with any adjustments it deems necessary to take account of the nature of the holder.

First transient disposition. Validation procedure until the approval of the Technical Approval Specifications.

1. As long as the ETH is not approved, the rules applicable to the entry into force of Law 39/2003 of 17 November, as well as the amendments to it, will govern the validation procedures provided for in this order. approved by the Ministry of Public Works on the proposal of the Railway Infrastructure Manager and, where appropriate, the new rules which for this transitional period will be adopted in accordance with the procedure indicated above.

2. The rules which, until the publication of the ETH, will govern the validation procedures are composed of the following technical standards and instructions:

a) N.T.C. MA 001: Conventional rolling stock technical specifications,

(b) N.T.C. 003: Technical provisions for the movement of special road vehicles, (c) N.T.C. MA 009: High-speed rolling stock technical specifications, (d) N.T.C. MA 007: Conditions to be met by the axles in width variable up to speeds of 250 km/h, (e) General instruction IG 008: Conditions of rolling stock to obtain and retain the movement authorisation, as well as amendments to such rules to be adopted in accordance with the provisions of the the first paragraph of this provision.

These rules will be published in the "Official State Gazette" through the corresponding resolution of the Director General of Railways.

3. The accreditation of compliance with this legislation may be carried out either by the safety services of the railway undertaking which is to operate the equipment or by the certification body responsible for the validation process. 4. However, the interoperable rolling stock shall, in any case, comply with the requirements set out in the relevant Technical Specifications for Interoperability.

Second transient disposition. Continuity of validation procedures initiated before the entry into force of this order.

1. Any railway rolling stock whose procurement would have been tendered prior to the entry into force of this order, in accordance with the relevant technical specifications approved by both RENFE and RENFE-Operadora, submit to the validation process in accordance with the rules in force at that time.

2. Any railway rolling stock which is in the process of validation prior to the entry into force of this order shall follow the same in accordance with the rules previously established for the completion of such validation.

Transitional provision third. Scheme applicable to rolling stock providing its services in the Spanish Railways of Via Estrela (FEVE).

According to the provisions of the fifth transitional provision of Law 39/2003 of 17 November, the rolling stock providing services on the lines operated by the Spanish Railways of Via Estrela (FEVE) continue to be governed by the regime currently applicable to it as long as a specific regime for this material is not developed.

Transitional disposition fourth. Provision of the rolling stock maintenance service.

In compliance with the provisions of the provisional provision of Royal Decree 2387/2004 of 30 December 2004, as long as there is no alternative offer on the market, RENFE-Operadora will have to lend to other companies. railway rolling stock and holders of railway rolling stock the maintenance service of such material.

This service will be provided on a fair, transparent and non-discriminatory basis. The amount of the prices of the different services, prior to their application, will be communicated to the Directorate General of Railways accompanying the corresponding supporting memory, and must be available in good time of the users of such services.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank to that of this order are repealed, they shall be contrary to the provisions of this order.

Single end disposition. Entry into force.

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

Madrid, 31 January 2006.

ALVAREZ ARZA