In order to harmonise the set of technical standards applied to the railways, Directive 2001 /16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the system Trans-European conventional rail, fixed the conditions to be met in order to achieve, within the territory of the European Union, the interoperability of the trans-European conventional rail system. The Directive lays down, inter alia, the conditions of the subsystems, the essential requirements for the design, construction, maintenance and monitoring of the components, in particular the elements involved in the the movement of trains, the system of conformity and suitability for the use of the interoperability constituents and the verification of the subsystems.

In order to incorporate the Community Directive into national law, it is necessary to lay down the requirements laid down therein, regulating the technical specifications for interoperability, the components of interoperability, subsystems, notified bodies and information relating to infrastructure and rolling stock.

The competition to incorporate the aforementioned Directive 2001 /16/EC into national law is given, in addition to the title of competition contained in the final provision first of this royal decree, by the additional seventh provision of the Law 16/1987, of 30 July, of Land Transport Management, which authorizes the Government to issue, on a proposal from the Ministry of Public Works, the necessary provisions for the implementation and development of this law.

In its virtue, on the proposal of the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on May 30, 2003,

D I S P O N G O:

CHAPTER I

General rules

Article 1. Object.

1. The purpose of this royal decree is to lay down the conditions to be fulfilled for the interoperability of the Spanish part of the trans-European conventional rail system, as described in Annex I.

2. These conditions relate to the project, construction, commissioning, rehabilitation, renovation, operation and maintenance of the elements of said system which enter into service after the date of entry into force of this royal decree, as well as the professional qualifications and health and safety conditions of the staff contributing to their exploitation.

3. For each subsystem, this royal decree refers to the provisions relating to interoperability constituents, interfaces and procedures, as well as to the conditions of overall consistency of the trans-European rail system. required to achieve interoperability.

Article 2. Definitions.

For the purposes of this royal decree, it is understood by:

(a) Trans-European conventional rail system: the set of railway infrastructure, including fixed lines and installations, of the trans-European transport network, built or upgraded for the conventional rail transport and combined rail transport, and the rolling stock designed to cover such infrastructure, as described in Annex I.

(b) Interoperability: the capacity of the trans-European conventional rail system to enable the safe and uninterrupted movement of trains fulfilling the required performance for these lines. This capacity shall be based on the set of regulatory, technical and operational conditions to be met in order to meet the essential requirements.

(c) Subsystems: the result of the division of the trans-European conventional rail system, as set out in Annex II. These subsystems for which essential requirements must be defined are of a structural or functional nature.

(d) Interoperability components: 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 trans-European conventional rail system. The concept of "component" encompasses not only material objects, but also intangible objects, such as software.

(e) Essential requirements: the set of conditions set out in Annex III which must be met by the trans-European conventional rail system, subsystems and interoperability constituents, including interfaces.

f) European specification: a common technical definition, European technical certification or a national standard incorporating a European standard, as defined in Article 11 of Law 48/1998 of 30 December 1998, on procurement procedures in the water, energy, transport and telecommunications sectors, which include Directives 93 /38/EEC and 92 /13/EEC.

g) Technical specifications for interoperability (hereinafter referred to as TSI): the specifications for which each subsystem or part of the subsystem is subject, with a view to meeting the essential requirements and ensuring the interoperability of the trans-European conventional rail system.

(h) Representative joint body: the body which brings together representatives of the infrastructure managers, railway undertakings and industry, which is responsible for drawing up the TSIs. For infrastructure managers, it is understood that, in accordance with Article 3 of Regulation (EC) No 2111/1998 of 2 October 1998 on access to railway infrastructure, it will be understood that the infrastructure will be used for the purposes of Article 3.

(i) Notified bodies: the bodies responsible for assessing the conformity or suitability for use of the interoperability constituents or for the processing of the "EC" verification procedure of the subsystems.

(j) Fundamental parameters: any regulatory, technical or operational condition that is important from the point of view of interoperability and which must be the subject of a decision in accordance with the procedure referred to in Article 21 (2) of Council Directive 96 /48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system, before the joint representative body carries out the preparation of the draft TSIs.

k) Specific case: any part of the trans-European conventional rail system requiring particular provisions in the TSIs, temporary or final, for geographical, topographical, urban or coherent 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 rolling stock intended for strictly local, regional or local use. the historical and rolling stock from or to third countries, provided that such material does not cross the border between two Member States of the European Union.

(l) Rehabilitation: important work for the modification of a subsystem or part of a subsystem requiring a new authorisation for placing in service in accordance with Article 11 (1).

m) Renewal: important work for the replacement of a subsystem or part of a subsystem requiring a new authorisation for placing in service in accordance with Article 11 (1).

n) Existing rail system: the set consisting of railway infrastructure comprising the fixed lines and installations of the existing rail network and rolling materials of all categories and sources (a) to be recalled.

Article 3. Mandatory requirements for essential requirements.

1. The trans-European conventional rail system, the subsystems and the interoperability constituents, including interfaces, shall meet the essential requirements that correspond to them.

2. The technical specifications of the contract documents which are necessary to comply with the European specifications or the other rules in force shall not be contrary to the essential requirements.

Article 4. Derogations from the application of the TSIs.

1. The subsystems shall be in conformity with the TSIs, which shall be maintained on a permanent basis during use.

However, the Secretariat of State for Infrastructure may agree that certain TSIs, including those relating to rolling stock, shall not be applied in the following cases and conditions:

(a) In respect of a new line project, of rehabilitation of an existing line or in respect of any element referred to in Article 1 (2) which is in the advanced stage of development or which is the subject of a Contract in the course of implementation at the time of publication of those TSIs.

b) In respect of a project for the renovation or rehabilitation of an existing line, where the gauge, track gauge or distance between track axes or the electrical voltage of those TSIs are incompatible with those of the line existing.

(c) In respect of a new line project or a project for the renewal or rehabilitation of an existing line which is carried out in a territory where the railway network is in an enclave or is isolated by the sea of the network rail from the rest of the community.

(d) For any project relating to the renewal, extension or rehabilitation of an existing line, where the application of those TSIs compromises the economic viability of the project and/or the consistency of the rail system of the Spanish State.

e) Where, as a result of an accident or natural disaster, the conditions for the immediate restoration of the network do not, from the economic or technical point of view, allow the partial or total application of the TSIs relevant.

The European Commission will be notified in advance of the intention to introduce an exception and will be sent a file with the TSIs or parts thereof that it does not wish to apply, as well as the relevant specifications it wants. apply. In the cases provided for in subparagraphs (b) and (d), the Commission shall adopt the relevant decision in accordance with the procedure laid down in Directive 2001 /16/EC. However, in the case of paragraph (b), the decision of the Commission shall not affect the gauge and the track gauge.

2. The TSIs shall not preclude the decisions of the competent bodies relating to the use of the infrastructure for other purposes other than the conventional rail system.

3. The implementation of the TSIs should not create obstacles from the point of view of profitability to the maintenance of the consistency of the Spanish rail network.

The compliance of the TSIs should enable a railway system to maintain in an appropriate manner the consistency of the existing rail network.

Article 5. Motivation.

Any decision taken pursuant to this royal decree that concerns the assessment of conformity or suitability for the use of interoperability constituents, the verification of subsystem members of the system Trans-European conventional rail, as well as decisions taken pursuant to Articles 8.3, 9, 13.3 and 15, shall be sufficiently reasoned. The person concerned shall be notified of the legally established terms, indicating whether such a decision ends the administrative route and indicating the resources and time limits for his or her interposition.

CHAPTER II

Interoperability components

Article 6. Competition.

The Secretariat of State of Infrastructure shall take all appropriate measures to ensure that the interoperability constituents are:

(a) Only be marketed if they permit the interoperability of the trans-European conventional rail system, in accordance with the essential requirements.

(b) They are used in the field for which they are intended and are properly installed and maintained.

These measures will not hinder the marketing of such components for other applications.

Article 7. Marketing.

It shall not be possible to prohibit, restrict or impede the placing on the market of interoperability constituents for use in the trans-European conventional rail system where such components comply with the provisions of this real decree. In particular, no checks may be required which have already been carried out in the framework of the procedure leading to the EC declaration of conformity or suitability for use, the elements of which are set out in Annex IV.

Article 8. Compliance with the essential requirements.

1. They shall be deemed to be in conformity with the essential requirements applicable to interoperability constituents which are provided with the EC declaration of conformity or suitability for use, the elements of which are set out in Annex IV.

2. Compliance with an interoperability constituent of the essential requirements applicable to it and, where appropriate, its suitability for use shall be determined in relation to the conditions laid down by the TSIs, including, where appropriate, the requirements of the TSI. corresponding European specifications.

3. Where it is considered that European specifications do not comply with the essential requirements, the Secretariat of State for Infrastructure may withdraw those specifications from the publications in which they are registered or propose their amendment.

Article 9. Restrictions on the application of interoperability constituents.

1. If it is found that an interoperability constituent provided with the EC declaration of conformity or suitability for use, which is marketed and is used for the purpose for which it is intended, may endanger the compliance of the essential requirements, the Secretariat of State of Infrastructure shall take all necessary measures to restrict its application, to prohibit its use or to withdraw it from the market. The European Commission shall be informed immediately of the measures taken, indicating the reasons for this decision, specifying in particular whether the non-compliance is derived from:

a) Non-compliance with the essential requirements.

b) incorrect application of the European specifications in case the application of those specifications is invoked.

c) An insufficiency of European specifications.

2. Where an interoperability constituent provided with the 'EC' declaration of conformity proves to be non-compliant, the Secretariat of State for Infrastructure shall order the opening of an information dossier for the purposes of determining the causes. the measures that are relevant are taken. The European Commission and the other Member States of the European Union shall be informed thereof.

Article 10. The EC declaration of conformity.

1. In order to issue the EC declaration of conformity or suitability for the use of an interoperability constituent, the manufacturer, or his authorised representative established in the European Union, shall apply the provisions laid down in the respective TSIs.

2. The assessment of conformity or suitability for the use of an interoperability constituent shall be carried out by the notified body to which the manufacturer, or his authorised representative established in the European Union, has submitted the application for such assessment.

3. If any of the interoperability constituents are the subject of other Community Directives on other aspects, the "EC" declaration of conformity or suitability for use shall indicate, in such a case, that these interoperability constituents comply with the requirements of this Directive. also the requirements of those directives.

4. If both the manufacturer and his authorised representative established in the European Union do not comply with the obligations set out in the preceding paragraphs, they shall be the responsibility of any person who places the interoperability constituent concerned on the market. The same obligations shall affect those who assemble the interoperability constituents, or parts thereof, of a different origin or manufacture them for their own use, for the purposes of this royal decree.

5. Without prejudice to the provisions of the foregoing Article:

(a) Any finding that the "EC" declaration of conformity has been improperly issued shall mean the obligation to amend the interoperability constituent for the manufacturer or his authorised representative established in the European Union to do so as and to stop the infringement.

(b) Where non-compliance persists, the Secretariat of State for Infrastructure shall take appropriate measures to restrict or prohibit the placing on the market of the interoperability constituent concerned, or to withdraw it from the market in accordance with the provisions of the previous article.

CHAPTER III

Structural character subsystems

Article 11. Putting into service.

1. It is for the Secretariat of State of Infrastructure to authorise the putting into service of the structural subsystems of the trans-European conventional rail system which are implemented or operated in Spanish territory.

To this end, the Secretariat of State of Infrastructure shall take the necessary measures to ensure that these subsystems are only able to enter into service if they are designed, constructed and installed and/or exploited in such a way that the compliance with the essential requirements affecting them, when they are integrated into the trans-European conventional rail system. In particular, the consistency of these subsystems with the system in which they are integrated will be checked.

2. The Secretariat of State for Infrastructure shall verify, at the time of the entry into service, and then on a regular basis, that these subsystems are operated and maintained in accordance with the relevant essential requirements.

3. In the case of renovation or rehabilitation, the infrastructure manager or the railway undertaking shall submit to the Infrastructure State Secretariat a file with the project description. The Secretariat of State for Infrastructure will study this issue and decide whether the importance of the works makes it necessary for a new authorization to be put into service under this royal decree. This authorisation to put into service will be necessary whenever the level of safety is affected by the planned works.

Article 12. Construction, commissioning and operation of structural subsystems.

It will not be possible to prohibit, restrict or hinder in Spanish territory and under this royal decree the construction, the putting into service and the exploitation of subsystems of structural character constitutive of the railway system trans-European conventional if these meet the essential requirements. In particular, they may not require verifications which have already been carried out in the framework of the procedure for issuing the 'EC' declaration of verification, the elements of which are set out in Annex V.

Article 13. EC declaration of verification.

1. They shall be considered interoperable and comply with the essential requirements affecting the structural subsystems constituting the trans-European conventional rail system which are provided with the EC declaration of verification.

2. The verification of interoperability, in compliance with the essential requirements, of a structural subsystem constituting the trans-European conventional rail system shall be determined by reference to the TSIs, if they exist.

3. If it is noted that the TSIs do not fully comply with the essential requirements, the Committee referred to in Article 21 of Directive 2001 /16/EC may be consulted. The consultations shall be carried out by the Secretariat of State for Infrastructure.

Article 14. EC declaration of verification procedure.

1. In order to issue the 'EC' declaration of verification, the contracting entity, or its representative, shall invite the notified body which has chosen the effect of the 'EC' verification procedure referred to in Annex VI.

2. The function of the notified body responsible for the 'EC' verification of a subsystem shall start at the project stage and cover the entire construction period until the reception stage, before the subsystem is put into service. It shall also cover the verification of the interfaces of the subsystem concerned with respect to the system in which it is integrated, on the basis of the data available in the TSI in question and in the infrastructure and rolling stock registers referred to in Article 17.

3. The notified body shall be responsible for drawing up the technical file to be accompanied by the EC declaration of verification. That technical file shall contain all the necessary documentation relating to the characteristics of the subsystem and, where appropriate, all elements proving the conformity of the interoperability constituents. It shall also contain all the elements relating to the conditions and limits of use and the instructions for storage, continuous or periodic observation, adjustment and maintenance.

Article 15. Additional verifications.

1. Where it is established that a subsystem of a structural nature, provided with the "EC" declaration of verification accompanied by the technical file, does not fully comply with the provisions of this royal decree, and in particular the essential requirements, to request that additional verifications be carried out.

2. In this case, the Secretariat of State for Infrastructure shall immediately inform the European Commission of the additional verifications requested, stating the reasons for them.

CHAPTER IV

Notified Bodies

Article 16. Recognition of notified bodies.

1. The Secretariat of State for Infrastructure shall, where appropriate, notify the European Commission and the other Member States of the European Union of the bodies responsible for carrying out the procedure for the assessment of conformity or suitability for use. provided for in Article 10 and the verification procedure laid down in Article 13, indicating for each of them its field of competence and the identification number previously obtained before the European Commission.

2. The criteria laid down in Annex VII shall apply for the assessment of the bodies to be notified. Bodies which satisfy the assessment criteria laid down in the relevant European standards shall be presumed to fulfil those criteria. The Secretariat of State for Infrastructure, in order to verify that such bodies meet the requirements, may require them to provide the documentation it deems necessary.

3. The Secretariat of State for Infrastructure shall withdraw the authorisation from the bodies which cease to comply with the criteria set out in Annex VII.

They shall immediately inform the European Commission and the other Member States of the European Union thereof.

4. If the Secretariat of State for Infrastructure considers that a body notified by another Member State does not meet the relevant criteria, it shall submit the matter to the committee referred to in Article 21 of Directive 2001 /16/EC.

CHAPTER V

Information regarding the infrastructure and rolling stock

Article 17. Information concerning the infrastructure and rolling stock.

1. The Secretariat of State for Infrastructure shall ensure that data relating to infrastructure and rolling stock are published and updated annually. These documents shall contain, for each subsystem or part of the subsystem concerned, the main characteristics and their conformity with the characteristics prescribed by the applicable TSIs. To this end, each TSI shall indicate in detail what information should be included in the registers of the infrastructure and rolling stock.

2. A copy of these documents shall be forwarded to the Member States concerned and shall be made available to the public.

Single additional disposition. Attribution of functions.

Correspond to the Ministry of Development of the competences that this royal decree attributes to the Administration

General of the State, and shall be exercised by the Secretariat of State of Infrastructures either directly or through its dependent organs, in accordance with the provisions of the regulatory regulations of the organic structure of that ministerial department.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree.

Final disposition first. Competence rating.

This royal decree is issued under the provisions of Article 149.1.21.a of the Constitution, which attributes to the State the competence in the field of railways and land transports that pass through the territory of more than an autonomous community and the general communications system.

Final disposition second. Regulatory development.

The Minister of Public Works is authorized to lay down the rules necessary for the development and implementation of this royal decree, as well as to modify its annexes in compliance with the provisions of the Community legislation.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 30 May 2003.

JOHN CARLOS R.

The Minister of Development,

FRANCISSCOPAREZ-CASCOSFERN

ANNEX I

The trans-European conventional rail system

1. Infrastructure.

The infrastructure of the Spanish trans-European conventional rail system shall be those for the lines of the trans-European transport network referred to in Decision No 1692/96/EC of the European Parliament and of the Council, of 23 July 1996 on Community guidelines for the development of the trans-European transport network, or those contained in the updates to that decision following the review provided for in Article 21 thereof.

For the purposes of this royal decree, such a network may be divided into the following categories:

(a) Planned lines for passenger traffic.

(b) Planned lines for mixed traffic (travellers, goods).

c) specially constructed or conditioned lines for the traffic of goods.

d) The number of travelers.

e) Goods transport nodes, including intermodal terminals.

f) The link paths between the above elements.

These infrastructures will include traffic management, positioning and navigation systems:

technical facilities for the processing of data and telecommunications intended for the transport of long-haul passengers and the transport of goods in this network, in order to ensure safe use and the harmonious network and the efficient management of traffic.

2. Rolling stock.

The rolling stock shall cover all materials suitable for use in all or part of the trans-European conventional rail network, including:

(a) Thermal or electric automotive trains.

b) The thermal or electrical motor units.

c) Passenger cars.

(d) The wagons, including the rolling stock designed for the transport of lorries.

Each of these categories must be subdivided into:

1.a Rolling stock for international use.

2.a Rolling stock for indoor use, taking due account of local, regional or long-haul use of the material.

3. Consistency of the trans-European conventional rail system.

The quality of European rail transport requires, among other things, absolute coherence between the characteristics of the infrastructure (in the broad sense of the term, i.e. including fixed parts of all the the subsystems concerned) and those of the rolling stock (including the shipped parts of all the subsystems concerned). This consistency depends on the levels of performance, security and quality of service, and their cost.

ANNEX II

Subsystems

1. List of subsystems.

For the purposes of this royal decree, the system establishing the trans-European conventional rail system shall be divided according to the following subsystems:

a) Well to areas of structural nature:

Infrastructures.

Energy.

Control-Command and Signalling.

Exploitation and traffic management.

Rolling stock.

b) Well to areas of functional nature:

Maintenance.

Telematic applications for the service of passengers and the transport of goods.

2. Description of the subsystems.

Without prejudging the determination of the aspects relating to interoperability or interoperability constituents, or the order in which they are subject to the TSIs, the different subsystems shall comprise in particular:

2.1 Infrastructure: the road, road equipment, civil works (bridges, tunnels, etc.), the associated infrastructure at stations (platforms, access areas, including the needs of people with mobility) reduced, etc.), and safety and security equipment.

2.2 Energy: the electrification system, the air material, and the current collection devices.

2.3 Control-Command and Signalling: all equipment necessary to ensure the safety, command and control of the movement of trains authorised to transit through the network.

2.4 Traffic exploitation and management: the associated procedures and equipment to ensure a coherent operation of the different structural subsystems, both under normal and normal operating conditions. degraded operation, including the driving of trains, planning and traffic management.

The set of professional qualifications required for the provision of cross-border services.

2.5 Telematics applications: in accordance with Annex I, this subsystem comprises two parts:

(a) Applications for the services of travellers, including information systems for travellers before and during the journey, reservation systems, payment systems, baggage handling and management of passenger services. correspondences between trains and other modes of transport.

(b) Applications for freight transport services, including information systems (real time monitoring of goods and trains), selection and allocation systems, systems for the transport of goods, reservation, payment and invoicing, the management of the correspondence with other modes of transport and the issuing of the electronic accompanying documents.

2.6 Rolling stock: the structure, the control and control system of all the equipment of the train, the traction and transformation of the energy, the braking and coupling, the running bodies (bogies, axles) and the suspension, the doors, man/machine interfaces (driver, train crew and passengers, including the needs of persons with reduced mobility), passive or active safety devices and devices necessary for the health of passengers and train staff.

2.7 Maintenance: procedures, associated equipment, maintenance logistics facilities and reserves that enable the necessary corrective and preventive maintenance operations to be carried out to ensure the interoperability of the rail system and to ensure the necessary benefits.

ANNEX III

Essential Requirements

1. General requirements.

1.1 Security.

1.1.1 The design, construction or manufacture, maintenance and monitoring of safety components and, in particular, the elements involved in the movement of trains, must be ensured security at the level corresponding to the objectives set for the network, even in defined degraded situations.

1.1.2 The parameters of the wheel-rail contact must meet the rolling stability criteria necessary to ensure a fully safe circulation at the maximum authorised speed.

1.1.3 The components used must resist the normal or exceptional efforts specified during their service period. By applying appropriate means, the impact of their accidental failures on safety should be limited.

1.1.4 In the design of fixed installations and rolling stock, as well as in the choice of the materials used, account must be taken of the objective of limiting the generation, propagation and effects of fire and smoke in case fire.

1.1.5 Devices intended to be handled by users should be designed in such a way that they do not endanger their safe handling or the health and safety of users in the event of possible non-compliance with the Instruction signs.

1.2 Reliability and availability: the monitoring and maintenance of fixed and mobile elements involved in the movement of trains should be organised, carried out and quantified in such a way as to ensure that they are functioning under the conditions laid down.

1.3 Health.

1.3.1 Neither in trains nor in railway infrastructure should materials be used which in their way of use can constitute a health risk.

1.3.2 In the choice, installation and use of this material, the objective of limiting the emission of harmful and dangerous fumes or gases, especially in the event of fire, should be taken into account.

1.4 Environmental protection.

1.4.1 In the design of the trans-European conventional rail system, the impact of its implementation and exploitation on the environment must be assessed and taken into account in accordance with Community legislation. in force.

1.4.2 The materials used in trains and infrastructure should avoid the emission of fumes or gases that are harmful and dangerous to the environment, especially in the event of fire.

1.4.3 The rolling stock and power supply systems should be designed and constructed in such a way as to be electromagnetic compatible with the facilities, equipment and public or private networks. with which they may interfere.

1.4.4 The operation of the trans-European conventional rail system must comply with regulatory standards for noise nuisance.

1.4.5 The operation of the trans-European conventional rail system must not lead to an unacceptable level of vibration on the ground for the activities and the means by which it runs, in the vicinity of the infrastructure and normal status of maintenance.

1.5 Technical compatibility: the technical characteristics of the infrastructure and fixed installations must be compatible with each other and with those of the trains to be run by the trans-European rail system conventional.

If, in some parts of the network, it is difficult to adjust to these characteristics, temporary solutions could be applied to ensure future compatibility.

2. Specific requirements for each subsystem.

2.1 Infrastructures.

2.1.1 Security: appropriate measures will be taken to prevent undesirable access or irruption in facilities.

Measures should also be taken to limit the danger to people, especially at the time of the passing of trains through the stations.

The infrastructure to which the public has access must be designed and constructed in such a way as to limit the risks to the safety of persons (stability, fire, access, evacuation, anden, etc.).

The appropriate arrangements should be made to take into account the special safety conditions in long tunnels.

2.2 Energy.

2.2.1 Security: The operation of power-power installations must not be put on

the safety of trains and people (users, operating staff, people living in the environment and third parties) is in danger.

2.2.2 Protection of the environment: the operation of electrical and/or thermal power plants must not affect the environment beyond the specified limits.

2.2.3 Technical compatibility: the electrical/thermal power supply systems used must:

(a) Allow trains to develop the specified performance (b) In the case of electricity, be compatible with the catchment devices installed on the trains.

2.3 Control-Command and Signalling.

2.3.1 Security: the control-command and signalling facilities and operations to be used shall allow a movement of the trains to present the level of safety corresponding to the objectives set for the network. The control-command and signalling systems shall continue to allow the movement in fully safe conditions of trains authorised to run in defined degraded situations.

2.3.2 Technical compatibility: any new infrastructure and any new rolling stock constructed or developed after the adoption of compatible control-command and signalling systems shall be adapted to the use of the of such systems.

Control-command and signalling equipment installed in the train station shall permit a normal operation, under the conditions specified, in the trans-European conventional rail system.

2.4 Rolling stock.

2.4.1 Safety: the structures of the rolling stock and the connections between vehicles must be designed in such a way as to protect the spaces in which the passengers and the driving positions are located in the event of a collision or derailment.

Electrical equipment should not endanger the safety of the operation of control-command and signalling facilities.

The braking techniques and the efforts exerted must be compatible with the design of the tracks, the engineering works and the signalling systems.

Measures should be taken on access to components under electrical stress so that the safety of people is not compromised.

There must be devices that, in the event of danger, allow passengers to warn the driver and train staff and to contact this train.

Access doors must be equipped with a system of closure and opening that ensures the safety of the passengers.

Emergency exits must exist and must be marked.

Appropriate arrangements should be made to take into account the special safety conditions in long-distance tunnels.

An emergency lighting system with sufficient intensity and autonomy must exist on the trains.

Trains must carry a sound system that allows train staff and ground control personnel to be able to direct messages to commuters.

2.4.2 Reliability and availability: the design of the vital, rolling, traction and braking equipment, as well as control-command, must allow, in a defined degraded situation, the continuation of the journey without consequences Dire for the teams that continue to operate.

2.4.3 Technical compatibility: electrical equipment must be compatible with the operation of control-command and signalling facilities.

In the case of electrical traction, the characteristics of the power-generating devices shall permit the movement of the trains with the power supply systems of the trans-European rail system. conventional.

The characteristics of the rolling stock must allow it to circulate on all lines in which it is intended to be operated.

2.5 Maintenance.

2.5.1 Health and safety: the technical facilities and procedures used in the centres should ensure a safe operation of the subsystem concerned and not constitute a threat to health and safety.

2.5.2 Protection of the environment: technical installations and procedures used in maintenance centres should not exceed the levels of harmfulness acceptable to the surrounding environment.

2.5.3 Technical compatibility: the maintenance facilities in question the conventional rolling stock must enable the safety, hygiene and comfort operations to be carried out on all materials for the purposes of the which have been designed.

2.6 Operation and traffic management.

2.6.1 Security: the consistency of the operating rules of the networks, as well as the qualifications of drivers and train staff and control centres, must ensure a safe operation, taking into account the different requirements for cross-border and national services.

The operations and periodicity of the maintenance, training and qualification of the staff performing this work and the staff of the control centres, as well as the quality assurance system established by the operators in the control and maintenance centres must ensure a high level of safety.

2.6.2 Reliability and availability: the operations and periodicity of the maintenance, training and qualification of the staff carrying out this work and the staff of the control centres, as well as the insurance system the quality established by the operators concerned in the control and maintenance centres must ensure a high level of reliability and availability of the system.

2.6.3 Technical compatibility: the consistency of the operating rules of the networks, as well as the qualifications of drivers, train crews and traffic management officers, must ensure efficiency the operation of the trans-European conventional rail system, taking into account the different requirements of national and cross-border services.

2.7 Telematics applications for the service of passengers and the transport of goods.

2.7.1 Technical compatibility: the essential requirements in the fields of telematics applications which guarantee a minimum of quality of service to passengers and to the customers of the freight transport sector in particular, to technical compatibility.

For these telematics applications will be guaranteed:

(a) That databases, software and data communication protocols are developed in such a way as to ensure as far as possible the exchange of data between both operators and operators. different, excluding confidential business data.

b) Easy access to information by users.

2.7.2 Reliability and availability: the modes of use, management, updating and maintenance of such databases, software and data communications protocols shall ensure the effectiveness of such systems and the quality of the service.

2.7.3 Health: the interfaces of these systems with the users will have to respect the minimum standards in terms of ergonomics and health protection.

2.7.4 Security: sufficient levels of integrity and reliability must be ensured for the storage or transmission of safety-related information.

ANNEX IV

Compliance and suitability for use of interoperability constituents

1. Interoperability constituents.

The EC declaration shall apply to interoperability constituents relating to the interoperability of the trans-European conventional rail system as referred to in Article 1.3. These interoperability constituents can be:

1.1 Common components: are the non-specific components of the rail system that can be used in other fields without modification.

1.2 Common components with specific characteristics: they are the components that, as such, are not specific to the rail system, but they must offer certain specific benefits when they are to be used in it.

1.3 Specific components: are the components of the railway applications.

2. Scope of application.

The "CE" declaration refers to:

(a) Well to the assessment, by one or more notified bodies, of the intrinsic conformity of an interoperability constituent, considered in isolation, with the technical specifications to be adjusted.

b) Well to the assessment/assessment, by one or more notified bodies, of the suitability for use of an interoperability constituent, considered in its railway environment, in particular when interfaces are involved, with in respect of the technical specifications, in particular of a functional nature, to be checked.

For the assessment procedures carried out by the notified bodies at both the design stage and the production stage, the modules defined in Council Decision 93 /465/EEC of 22 July 1993 shall be used, in accordance with the modalities set out in the TSIs.

3. Content of the 'EC' declaration.

The "EC" declaration of conformity or suitability for use and the documents accompanying it shall be duly dated and signed.

This statement must be written in the same language as the instructions for use, and shall contain the following elements:

(a) References to Directive 2001 /16/EC on the interoperability of the trans-European conventional rail system.

(b) Name, surname and address of the manufacturer or his authorised representative established in the European Union (the social reason and the full address shall be indicated; if this is a representative, the manufacturer's social reason shall also be entered; builder).

c) Description of the interoperability constituent (brand, type, etc.).

(d) Indication of the procedure followed to declare conformity or suitability for use in accordance with Article 10.

e) All relevant descriptions to which the interoperability constituent is adjusted and in particular the conditions of use.

(f) Name and address of the notified body or bodies involved in the procedure followed for the conformity or suitability for use and the date of the certificate of inspection, in which, where appropriate, the period and the conditions of validity of the said certificate.

g) Where appropriate, the reference of the European specifications.

(h) Identification of the signatory's proxy for the manufacturer or his authorised representative established in the European Union.

ANNEX V

Statement of Verification of Subsystems

The EC declaration of verification and the accompanying documents shall be duly dated and signed.

This declaration must be in the same language as the technical file, and shall contain the following elements:

a) References to Directive 2001 /16/EC on the interoperability of the trans-European conventional rail system.

(b) Name and address of the contracting entity or its representative established in the European Union (the social reason and the full address shall be indicated; in the case of a representative, the social security ratio shall also be entered the contracting entity).

c) Brief description of the subsystem.

(d) Name and address of the notified body which has carried out the 'EC' verification provided for in Article 14.

e) References of the documents contained in the technical file.

(f) All relevant, provisional or definitive provisions to be complied with by the subsystem, and in particular, where applicable, restrictions or operating conditions.

g) If provisional, the validity period of the "CE" declaration.

h) Identification of the signatory.

ANNEX VI

Subsystem verification procedure

1. Introduction.

EC verification is the procedure by which a notified body checks and certifies, at the request of the contracting entity or its representative established in the European Union, that a subsystem is:

(a) In accordance with the provisions of this royal decree and in the Community legislation.

b) In accordance with other applicable regulatory provisions and may be put into service.

2. Stages.

The subsystem verification covers the following stages:

a) Global design.

(b) Manufacture of the subsystem, including the execution of civil engineering works, the assembly of components and the setting of the assembly.

c) Trials of the finished subsystem.

3. Certification.

The notified body responsible for the EC verification shall issue the certificate of conformity intended for the contracting entity or its authorised representative established in the European Union, which shall, in turn, issue the EC declaration of verification to the Secretariat of State for Infrastructure.

4. Technical file.

The technical file attached to the verification declaration shall be structured as follows:

(a) For the infrastructure: drawings of the works, records of approval of excavations and armor, reports of tests and control of the concretes.

b) For other subsystems: general and detailed plans in accordance with the implementation, electrical and hydraulic schemes, control circuit schemes, description of computer systems and automatisms, operation and maintenance, etc.

(c) List of the interoperability constituents referred to in Article 1.3, incorporated into the subsystem.

(d) Copies of the "EC" declarations of conformity or suitability for the use of which the components are to be provided, in accordance with Article 10, accompanied, where appropriate, by the calculations and of a copy of the test reports and inspections carried out by notified bodies on the basis of the common technical specifications.

e) Certificate of the notified body responsible for the "EC" verification that the project is in accordance with the provisions of this royal decree, accompanied by the corresponding calculations, endorsed by the agency and where, where appropriate, the reservations made during the execution of the works are recorded and have not been withdrawn; the certificate shall also be accompanied by the reports of visits and audits which the body has drawn up in compliance with the its mission, as set out in paragraphs 5.3 and 5.4.

5. Surveillance.

5.1 The "EC" surveillance is intended to ensure that the obligations arising from the technical file have been fulfilled during the performance of the subsystem.

5.2 The notified body responsible for verifying the performance must have permanent access to the works, manufacturing workshops, storage areas and, where appropriate, premanufacturing, to the test facilities and, in general, wherever it deems necessary for the performance of its function. The contracting entity or its authorised representative established within the European Union shall refer to it or have it sent to it all relevant documents, in particular the implementing plans and the technical documentation of the subsystem.

5.3 The notified body verifying the performance will carry out periodic audits to ensure that the provisions of this royal decree are complied with and will present an audit report to the professionals responsible for the realization.

It may be required to be convened at certain stages of the work.

5.4 Moreover, the notified body may visit without notice the works or the workshops of manufacture. On the occasion of these visits, you will be able to carry out full or partial audits. It shall provide a report of the visit and, where appropriate, an audit report to the professionals responsible for the performance.

6. Presentation.

The complete file referred to in paragraph 4 shall be submitted, in support of the certificate of conformity issued by the notified body responsible for the verification of the subsystem under operating conditions, to the a contracting entity or its authorised representative in the European Union. The file shall be attached to the 'EC' declaration of verification which the contracting entity shall send to the supervisory authority of the Member State concerned.

The contracting entity will keep a copy of the file for the entire lifetime of the subsystem. The file shall be sent to the other Member States requesting it.

7. Publication.

All notified bodies shall publish on a regular basis the relevant information related to:

a) The "CE" verification requests received.

(b) The certificates of conformity issued.

c) Denied compliance certificates.

8. Language.

The files and correspondence relating to the EC verification procedures shall be drawn up in the official language of the State in which the contracting entity or its representative is established.

ANNEX VII

Minimum criteria to be taken into account by the Secretariat of State for Infrastructure for the Notification of Bodies

1. The body, its director and the staff responsible for the verifications may not intervene either directly or in the capacity of authorised representatives in the design, manufacture, construction, marketing or maintenance of the interoperability constituents. or subsystems or on their holding. This does not preclude the possibility of an exchange of technical information between the manufacturer or the manufacturer and the body.

2. The body and the staff responsible for monitoring shall carry out the verification operations with the greatest professional integrity and the greatest technical competence, and shall be free from any pressure and incentive, in particular of an economic nature, which may influence their judgment or the results of their control, in particular if such pressures and incentives emanate from persons or groups of persons interested in the outcome of the verifications.

3. The body must have the staff and possess the necessary means to carry out the technical and administrative tasks relating to the conduct of the verifications; it must also have access to the necessary equipment for the Exceptional verifications.

4. The staff responsible for the checks must have:

a) Good technical and professional training.

(b) satisfactory knowledge of the provisions relating to the checks carried out and a sufficient practice in such controls.

(c) The aptitude required to draw up the certificates, the minutes and the reports in which the checks carried out shall be carried out.

5. The independence of the staff responsible for monitoring must be ensured. The remuneration of each staff member shall not depend on the number of checks carried out or on the results of the checks.

6. The body must take out civil liability insurance.

7. The staff of the body shall be bound by professional secrecy in all cases which it becomes aware of in the performance of its duties (except to the administrative authorities) in the context of this royal decree or any other rule of domestic law. for which it applies.