What changed, Directive (EU) 2016/797

+ ## CHAPTER I — GENERAL PROVISIONS
− ### art_1
+ ### Article 1 — Subject matter and scope
− Article 1
+ **1.** This Directive establishes the conditions to be met to achieve interoperability within the Union rail system in a manner compatible with Directive (EU) 2016/798 in order to define an optimal level of technical harmonisation, to make it possible to facilitate, improve and develop rail transpor…
− 1. This Directive establishes the conditions to be met to achieve interoperability within the Union rail system in a manner compatible with Directive (EU) 2016/798 in order to define an optimal level of technical harmonisation, to make it possible to facilitate, improve and develop rail transport se…
+ **2.** This Directive lays down the provisions relating to, for each subsystem, the interoperability constituents, the interfaces and procedures, and the conditions of overall compatibility of the Union rail system required in order to achieve its interoperability.
− 2. This Directive lays down the provisions relating to, for each subsystem, the interoperability constituents, the interfaces and procedures, and the conditions of overall compatibility of the Union rail system required in order to achieve its interoperability.
+ **3.** This Directive shall not apply to:(a) metros;(b) trams and light rail vehicles, and infrastructure used exclusively by those vehicles;(c) networks that are functionally separate from the rest of the Union rail system and intended only for the operation of local, urban or suburban passenger se…
− 3. This Directive shall not apply to:
+ **4.** Member States may exclude from the scope of the measures implementing this Directive:(a) privately owned railway infrastructure, including sidings, used by its owner or by an operator for the purpose of their respective freight activities or for the transport of persons for non-commercial pur…
− | (a) | metros; |
− | --- | --- |
− 
− | (b) | trams and light rail vehicles, and infrastructure used exclusively by those vehicles; |
− | --- | --- |
− 
− | (c) | networks that are functionally separate from the rest of the Union rail system and intended only for the operation of local, urban or suburban passenger services, as well as undertakings operating solely on those networks. |
− | --- | --- |
+ **5.** In the case of tram-trains operating in the Union rail system, where there are no TSIs that apply to those tram-trains, the following shall apply:(a) Member States concerned shall ensure that national rules or other relevant accessible measures are adopted in order to ensure that such tram-tr…
− 4. Member States may exclude from the scope of the measures implementing this Directive:
− 
− | (a) | privately owned railway infrastructure, including sidings, used by its owner or by an operator for the purpose of their respective freight activities or for the transport of persons for non-commercial purposes, and vehicles used exclusively on such infrastructure; |
− | --- | --- |
− 
− | (b) | infrastructure and vehicles reserved for a strictly local, historical or touristic use; |
− | --- | --- |
− 
− | (c) | light rail infrastructure occasionally used by heavy rail vehicles under the operational conditions of the light rail system, where it is necessary for the purposes of connectivity of those vehicles only; and |
− | --- | --- |
− 
− | (d) | vehicles primarily used on light rail infrastructure but equipped with some heavy rail components necessary to enable transit to be effected on a confined and limited section of heavy rail infrastructure for connectivity purposes only. |
− | --- | --- |
− 
− 5. In the case of tram-trains operating in the Union rail system, where there are no TSIs that apply to those tram-trains, the following shall apply:
− 
− | (a) | Member States concerned shall ensure that national rules or other relevant accessible measures are adopted in order to ensure that such tram-trains meet the relevant essential requirements; |
− | --- | --- |
− 
− | (b) | Member States may adopt national rules in order to specify the authorisation procedure applicable to such tram-trains. The authority issuing the vehicle authorisation shall consult the relevant national safety authority in order to ensure that mixed operation of tram-trains and heavy rail tr…
− | --- | --- |
− 
− | (c) | by way of derogation from Article 21, in the case of cross-border operation, the relevant competent authorities shall cooperate with a view to issuing the vehicle authorisations. |
− | --- | --- |
+ ### Article 2 — Definitions
− ### art_2
− 
− Article 2
+ (1) ‘Union rail system’ means the elements listed in Annex I;
− | (1) | ‘Union rail system’ means the elements listed in Annex I; |
− | --- | --- |
+ (2) ‘interoperability’ means the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required levels of performance;
− | (2) | ‘interoperability’ means the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required levels of performance; |
− | --- | --- |
+ (3) ‘vehicle’ means a railway vehicle suitable for circulation on wheels on railway lines, with or without traction; a vehicle is composed of one or more structural and functional subsystems;
− | (3) | ‘vehicle’ means a railway vehicle suitable for circulation on wheels on railway lines, with or without traction; a vehicle is composed of one or more structural and functional subsystems; |
− | --- | --- |
+ (4) ‘network’ means the lines, stations, terminals, and all kinds of fixed equipment needed to ensure safe and continuous operation of the Union rail system;
− | (4) | ‘network’ means the lines, stations, terminals, and all kinds of fixed equipment needed to ensure safe and continuous operation of the Union rail system; |
− | --- | --- |
+ (5) ‘subsystems’ means the structural or functional parts of the Union rail system, as set out in Annex II;
− | (5) | ‘subsystems’ means the structural or functional parts of the Union rail system, as set out in Annex II; |
− | --- | --- |
+ (6) ‘mobile subsystem’ means the rolling stock subsystem and the on-board control-command and signalling subsystem;
− | (6) | ‘mobile subsystem’ means the rolling stock subsystem and the on-board control-command and signalling subsystem; |
− | --- | --- |
+ (7) ‘interoperability constituents’ means any elementary component, group of components, subassembly or complete assembly of equipment incorporated or intended to be incorporated into a subsystem, upon which the interoperability of the rail system depends directly or indirectly, including both tangi…
− | (7) | ‘interoperability constituents’ means any elementary component, group of components, subassembly or complete assembly of equipment incorporated or intended to be incorporated into a subsystem, upon which the interoperability of the rail system depends directly or indirectly, including both t…
− | --- | --- |
+ (8) ‘product’ means a product obtained through a manufacturing process, including interoperability constituents and subsystems;
− | (8) | ‘product’ means a product obtained through a manufacturing process, including interoperability constituents and subsystems; |
− | --- | --- |
+ (9) ‘essential requirements’ means all the conditions set out in Annex III which must be met by the Union rail system, the subsystems, and the interoperability constituents, including interfaces;
− | (9) | ‘essential requirements’ means all the conditions set out in Annex III which must be met by the Union rail system, the subsystems, and the interoperability constituents, including interfaces; |
− | --- | --- |
+ (10) ‘European specification’ means a specification which falls into one of the following categories: — a common technical specification as defined in Annex VIII of Directive 2014/25/EU, — a European technical approval as referred to in Article 60 of Directive 2014/25/EU, or — a European standard as…
− | (10) | ‘European specification’ means a specification which falls into one of the following categories:—a common technical specification as defined in Annex VIII of Directive 2014/25/EU,—a European technical approval as referred to in Article 60 of Directive 2014/25/EU, or—a European standard as d…
− | --- | --- |
− | — | a common technical specification as defined in Annex VIII of Directive 2014/25/EU, |
− | — | a European technical approval as referred to in Article 60 of Directive 2014/25/EU, or |
− | — | a European standard as defined in point (b) of Article 2(1) of Regulation (EU) No 1025/2012; |
+ (11) ‘technical specification for interoperability’ (TSI) means a specification adopted in accordance with this Directive by which each subsystem or part of a subsystem is covered in order to meet the essential requirements and ensure the interoperability of the Union rail system;
− | (11) | ‘technical specification for interoperability’ (TSI) means a specification adopted in accordance with this Directive by which each subsystem or part of a subsystem is covered in order to meet the essential requirements and ensure the interoperability of the Union rail system; |
− | --- | --- |
+ (12) ‘basic parameter’ means any regulatory, technical or operational condition which is critical to interoperability and is specified in the relevant TSIs;
− | (12) | ‘basic parameter’ means any regulatory, technical or operational condition which is critical to interoperability and is specified in the relevant TSIs; |
− | --- | --- |
+ (13) ‘specific case’ means any part of the rail system which needs special provisions in the TSIs, either temporary or permanent, because of geographical, topographical or urban environment constraints or those affecting compatibility with the existing system, in particular railway lines and network…
− | (13) | ‘specific case’ means any part of the rail system which needs special provisions in the TSIs, either temporary or permanent, because of geographical, topographical or urban environment constraints or those affecting compatibility with the existing system, in particular railway lines and net…
− | --- | --- |
+ (14) ‘upgrading’ means any major modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘EC’ declaration of verification, if that technical file exists, and which improves the overall performance of the subsystem;
− | (14) | ‘upgrading’ means any major modification work on a subsystem or part of it which results in a change in the technical file accompanying the ‘EC’ declaration of verification, if that technical file exists, and which improves the overall performance of the subsystem; |
− | --- | --- |
+ (15) ‘renewal’ means any major substitution work on a subsystem or part of it which does not change the overall performance of the subsystem;
− | (15) | ‘renewal’ means any major substitution work on a subsystem or part of it which does not change the overall performance of the subsystem; |
− | --- | --- |
+ (16) ‘existing rail system’ means the infrastructure composed of lines and fixed installations of the existing rail network as well as the vehicles of all categories and origins travelling on that infrastructure;
− | (16) | ‘existing rail system’ means the infrastructure composed of lines and fixed installations of the existing rail network as well as the vehicles of all categories and origins travelling on that infrastructure; |
− | --- | --- |
+ (17) ‘substitution in the framework of maintenance’ means any replacement of components by parts of identical function and performance in the framework of preventive or corrective maintenance;
− | (17) | ‘substitution in the framework of maintenance’ means any replacement of components by parts of identical function and performance in the framework of preventive or corrective maintenance; |
− | --- | --- |
+ (18) ‘tram-train’ means a vehicle designed for combined use on both a light-rail infrastructure and a heavy-rail infrastructure;
− | (18) | ‘tram-train’ means a vehicle designed for combined use on both a light-rail infrastructure and a heavy-rail infrastructure; |
− | --- | --- |
+ (19) ‘placing in service’ means all the operations by which a subsystem is put into its operational service;
− | (19) | ‘placing in service’ means all the operations by which a subsystem is put into its operational service; |
− | --- | --- |
+ (20) ‘contracting entity’ means a public or private entity which orders the design and/or construction or the renewal or upgrading of a subsystem;
− | (20) | ‘contracting entity’ means a public or private entity which orders the design and/or construction or the renewal or upgrading of a subsystem; |
− | --- | --- |
+ (21) ‘keeper’ means the natural or legal person that, being the owner of a vehicle or having the right to use it, exploits the vehicle as a means of transport and is registered as such in a vehicle register referred to in Article 47;
− | (21) | ‘keeper’ means the natural or legal person that, being the owner of a vehicle or having the right to use it, exploits the vehicle as a means of transport and is registered as such in a vehicle register referred to in Article 47; |
− | --- | --- |
+ (22) ‘applicant’ means a natural or legal person requesting an authorisation, be it a railway undertaking, an infrastructure manager or any other person or legal entity, such as a manufacturer, an owner or a keeper; for the purpose of Article 15, the ‘applicant’ means a contracting entity or a manuf…
− | (22) | ‘applicant’ means a natural or legal person requesting an authorisation, be it a railway undertaking, an infrastructure manager or any other person or legal entity, such as a manufacturer, an owner or a keeper; for the purpose of Article 15, the ‘applicant’ means a contracting entity or a m…
− | --- | --- |
+ (23) ‘project at an advanced stage of development’ means any project the planning or construction stage of which has reached a point where a change in the technical specifications may compromise the viability of the project as planned;
− | (23) | ‘project at an advanced stage of development’ means any project the planning or construction stage of which has reached a point where a change in the technical specifications may compromise the viability of the project as planned; |
− | --- | --- |
+ (24) ‘harmonised standard’ means a European standard as defined in point (c) of Article 2(1) of Regulation (EU) No 1025/2012;
− | (24) | ‘harmonised standard’ means a European standard as defined in point (c) of Article 2(1) of Regulation (EU) No 1025/2012; |
− | --- | --- |
+ (25) ‘national safety authority’ means a safety authority as defined in point (7) of Article 3 of Directive (EU) 2016/798;
− | (25) | ‘national safety authority’ means a safety authority as defined in point (7) of Article 3 of Directive (EU) 2016/798; |
− | --- | --- |
+ (26) ‘type’ means a vehicle type defining the basic design characteristics of the vehicle as covered by a type or design examination certificate described in the relevant verification module;
− | (26) | ‘type’ means a vehicle type defining the basic design characteristics of the vehicle as covered by a type or design examination certificate described in the relevant verification module; |
− | --- | --- |
+ (27) ‘series’ means a number of identical vehicles of a design type;
− | (27) | ‘series’ means a number of identical vehicles of a design type; |
− | --- | --- |
+ (28) ‘entity in charge of maintenance’ (‘ECM’) means an entity in charge of maintenance as defined in point (20) of Article 3 of Directive (EU) 2016/798;
− | (28) | ‘entity in charge of maintenance’ (‘ECM’) means an entity in charge of maintenance as defined in point (20) of Article 3 of Directive (EU) 2016/798; |
− | --- | --- |
+ (29) ‘light rail’ means an urban and/or suburban rail transport system with a crashworthiness of C-III or C-IV (in accordance with EN 15227:2011) and a maximum strength of vehicle of 800 kN (longitudinal compressive force in coupling area); light rail systems may have their own right of way or share…
− | (29) | ‘light rail’ means an urban and/or suburban rail transport system with a crashworthiness of C-III or C-IV (in accordance with EN 15227:2011) and a maximum strength of vehicle of 800 kN (longitudinal compressive force in coupling area); light rail systems may have their own right of way or s…
− | --- | --- |
+ (30) ‘national rules’ means all binding rules adopted in a Member State, irrespective of the body issuing them, which contain railway safety or technical requirements, other than those laid down by Union or international rules which are applicable within that Member State to railway undertakings, in…
− | (30) | ‘national rules’ means all binding rules adopted in a Member State, irrespective of the body issuing them, which contain railway safety or technical requirements, other than those laid down by Union or international rules which are applicable within that Member State to railway undertakings…
− | --- | --- |
+ (31) ‘design operating state’ means the normal operating mode and the foreseeable degraded conditions (including wear) within the range and the conditions of use specified in the technical and maintenance files;
− | (31) | ‘design operating state’ means the normal operating mode and the foreseeable degraded conditions (including wear) within the range and the conditions of use specified in the technical and maintenance files; |
− | --- | --- |
+ (32) ‘area of use of a vehicle’ means a network or networks within a Member State or a group of Member States in which a vehicle is intended to be used;
− | (32) | ‘area of use of a vehicle’ means a network or networks within a Member State or a group of Member States in which a vehicle is intended to be used; |
− | --- | --- |
+ (33) ‘acceptable means of compliance’ means non-binding opinions issued by the Agency to define ways of establishing compliance with the essential requirements;
− | (33) | ‘acceptable means of compliance’ means non-binding opinions issued by the Agency to define ways of establishing compliance with the essential requirements; |
− | --- | --- |
+ (34) ‘acceptable national means of compliance’ means non-binding opinions issued by Member States to define ways of establishing compliance with national rules;
− | (34) | ‘acceptable national means of compliance’ means non-binding opinions issued by Member States to define ways of establishing compliance with national rules; |
− | --- | --- |
+ (35) ‘placing on the market’ means the first making available on the Union's market of an interoperability constituent, subsystem or vehicle ready to function in its design operating state;
− | (35) | ‘placing on the market’ means the first making available on the Union's market of an interoperability constituent, subsystem or vehicle ready to function in its design operating state; |
− | --- | --- |
+ (36) ‘manufacturer’ means any natural or legal person who manufactures a product in the form of interoperability constituents, subsystems or vehicles, or has it designed or manufactured, and markets it under his name or trademark;
− | (36) | ‘manufacturer’ means any natural or legal person who manufactures a product in the form of interoperability constituents, subsystems or vehicles, or has it designed or manufactured, and markets it under his name or trademark; |
− | --- | --- |
+ (37) ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer or a contracting entity to act on behalf of that manufacturer or contracting entity in relation to specified tasks;
− | (37) | ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer or a contracting entity to act on behalf of that manufacturer or contracting entity in relation to specified tasks; |
− | --- | --- |
+ (38) ‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a product, subsystem, process or service;
− | (38) | ‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a product, subsystem, process or service; |
− | --- | --- |
+ (39) ‘accreditation’ means accreditation as defined in point (10) of Article 2 of Regulation (EC) No 765/2008;
− | (39) | ‘accreditation’ means accreditation as defined in point (10) of Article 2 of Regulation (EC) No 765/2008; |
− | --- | --- |
+ (40) ‘national accreditation body’ means a national accreditation body as defined in point (11) of Article 2 of Regulation (EC) No 765/2008;
− | (40) | ‘national accreditation body’ means a national accreditation body as defined in point (11) of Article 2 of Regulation (EC) No 765/2008; |
− | --- | --- |
+ (41) ‘conformity assessment’ means the process demonstrating whether specified requirements relating to a product, process, service, subsystem, person or body have been fulfilled;
− | (41) | ‘conformity assessment’ means the process demonstrating whether specified requirements relating to a product, process, service, subsystem, person or body have been fulfilled; |
− | --- | --- |
+ (42) ‘conformity assessment body’ means a body that has been notified or designated to be responsible for conformity assessment activities, including calibration, testing, certification and inspection; a conformity assessment body is classified as a ‘notified body’ following notification by a Member…
− | (42) | ‘conformity assessment body’ means a body that has been notified or designated to be responsible for conformity assessment activities, including calibration, testing, certification and inspection; a conformity assessment body is classified as a ‘notified body’ following notification by a Me…
− | --- | --- |
+ (43) ‘person with disabilities’ and ‘person with reduced mobility’ shall include any person who has a permanent or temporary physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder the full and effective use by that person of transport on an equal…
− | (43) | ‘person with disabilities’ and ‘person with reduced mobility’ shall include any person who has a permanent or temporary physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder the full and effective use by that person of transport on an e…
− | --- | --- |
+ (44) ‘infrastructure manager’ means an infrastructure manager as defined in point (2) of Article 3 of Directive 2012/34/EU of the European Parliament and of the Council (1);
− | (44) | ‘infrastructure manager’ means an infrastructure manager as defined in point (2) of Article 3 of Directive 2012/34/EU of the European Parliament and of the Council (11); |
− | --- | --- |
+ (45) ‘railway undertaking’ means a railway undertaking as defined in point (1) of Article 3 of Directive 2012/34/EU, and any other public or private undertaking, the activity of which is to provide transport of goods and/or passengers by rail on the basis that the undertaking is to ensure traction; …
− | (45) | ‘railway undertaking’ means a railway undertaking as defined in point (1) of Article 3 of Directive 2012/34/EU, and any other public or private undertaking, the activity of which is to provide transport of goods and/or passengers by rail on the basis that the undertaking is to ensure tracti…
− | --- | --- |
+ ### Article 3 — Essential requirements
− ### art_3
+ **1.** The Union rail system, subsystems and interoperability constituents including interfaces shall meet the relevant essential requirements.
− Article 3
+ **2.** The technical specifications referred to in Article 60 of Directive 2014/25/EU, which are necessary to complete European specifications or other standards in use within the Union, shall not conflict with the essential requirements.
− 1. The Union rail system, subsystems and interoperability constituents including interfaces shall meet the relevant essential requirements.
+ ## CHAPTER II — TECHNICAL SPECIFICATIONS FOR INTEROPERABILITY
− 2. The technical specifications referred to in Article 60 of Directive 2014/25/EU, which are necessary to complete European specifications or other standards in use within the Union, shall not conflict with the essential requirements.
+ ### Article 4 — Content of TSIs
− ### art_4
− 
− Article 4
+ **1.** Each of the subsystems defined in Annex II shall be covered by one TSI. Where necessary, a subsystem may be covered by several TSIs and one TSI may cover several subsystems.
− 1. Each of the subsystems defined in Annex II shall be covered by one TSI. Where necessary, a subsystem may be covered by several TSIs and one TSI may cover several subsystems.
+ **2.** Fixed subsystems shall comply with the TSIs and national rules in force at the time of the request for authorisation of placing in service in accordance with this Directive and without prejudice to point (f) of paragraph 3.
− 2. Fixed subsystems shall comply with the TSIs and national rules in force at the time of the request for authorisation of placing in service in accordance with this Directive and without prejudice to point (f) of paragraph 3.
+ **3.** To the extent necessary to achieve the objectives of this Directive referred to in Article 1, each TSI shall:(a) indicate its intended scope (part of network or vehicles referred to in Annex I; subsystem or part of subsystem referred to in Annex II);(b) lay down essential requirements for eac…
− 3. To the extent necessary to achieve the objectives of this Directive referred to in Article 1, each TSI shall:
+ **4.** Each TSI shall be drawn up on the basis of an examination of an existing subsystem and indicate a target subsystem that may be obtained gradually within a reasonable timescale. Accordingly, the adoption of the TSIs and compliance with them shall gradually facilitate achievement of the interop…
− | (a) | indicate its intended scope (part of network or vehicles referred to in Annex I; subsystem or part of subsystem referred to in Annex II); |
− | --- | --- |
+ **5.** TSIs shall retain, in an appropriate manner, the compatibility of the existing rail system of each Member State. For that purpose, specific cases for each TSI may be provided for, with regard to both network and vehicles, and in particular for the loading gauge, the track gauge or space betwe…
− | (b) | lay down essential requirements for each subsystem concerned and its interfaces in relation to other subsystems; |
− | --- | --- |
+ **6.** If certain technical aspects corresponding to the essential requirements cannot be explicitly covered in a TSI, they shall be clearly identified in an annex to the TSI as open points.
− | (c) | establish the functional and technical specifications to be met by the subsystem and its interfaces in relation to other subsystems. If necessary, these specifications may vary according to the use of the subsystem, for example according to the categories of line, hub and/or vehicles provide…
− | --- | --- |
+ **7.** TSIs shall not prevent the Member States from deciding on the use of infrastructures for the movement of vehicles not covered by the TSIs.
− | (d) | determine the interoperability constituents and interfaces which must be covered by European specifications, including European standards, which are necessary to achieve interoperability within the Union rail system; |
− | --- | --- |
− 
− | (e) | state, in each case under consideration, which procedures are to be used in order to assess the conformity or the suitability for use of the interoperability constituents, on the one hand, or the ‘EC’ verification of the subsystems, on the other. Those procedures shall be based on the module…
− | --- | --- |
+ **8.** TSIs may make an explicit, clearly identified reference to European or international standards or specifications or technical documents published by the Agency where this is strictly necessary in order to achieve the objectives of this Directive. In such a case, these standards or specificati…
− | (f) | indicate the strategy for the application of the TSI. In particular, it is necessary to specify the stages to be completed, taking into account the estimated costs and benefits and the expected repercussions for the stakeholders affected in order to make a gradual transition from the existin…
− | --- | --- |
+ ### Article 5 — Drafting, adoption and review of TSIs
− | (g) | indicate, for the staff concerned, the professional qualifications and health and safety conditions at work required for the operation and maintenance of the above subsystem, as well as for the application of the TSIs; |
− | --- | --- |
+ **1.** In order to set out the specific objectives of each TSI, the Commission shall be empowered to adopt delegated acts in accordance with Article 50 concerning, in particular and where appropriate:(a) the geographical and technical scope of the TSIs;(b) the applicable essential requirements;(c) t…
− | (h) | indicate the provisions applicable to the existing subsystems and vehicles, in particular in the event of upgrading and renewal and, in such cases, the modification work which requires an application for a new authorisation; |
− | --- | --- |
− 
− | (i) | indicate the parameters of the vehicles and fixed subsystems to be checked by the railway undertaking and the procedures to be applied to check those parameters after the delivery of the vehicle authorisation for placing on the market and before the first use of the vehicle to ensure compati…
− | --- | --- |
− 
− 4. Each TSI shall be drawn up on the basis of an examination of an existing subsystem and indicate a target subsystem that may be obtained gradually within a reasonable timescale. Accordingly, the adoption of the TSIs and compliance with them shall gradually facilitate achievement of the interoperab…
− 
− 5. TSIs shall retain, in an appropriate manner, the compatibility of the existing rail system of each Member State. For that purpose, specific cases for each TSI may be provided for, with regard to both network and vehicles, and in particular for the loading gauge, the track gauge or space between t…
− 
− 6. If certain technical aspects corresponding to the essential requirements cannot be explicitly covered in a TSI, they shall be clearly identified in an annex to the TSI as open points.
− 
− 7. TSIs shall not prevent the Member States from deciding on the use of infrastructures for the movement of vehicles not covered by the TSIs.
− 
− 8. TSIs may make an explicit, clearly identified reference to European or international standards or specifications or technical documents published by the Agency where this is strictly necessary in order to achieve the objectives of this Directive. In such a case, these standards or specifications …
− 
− ### art_5
− 
− Article 5
− 
− 1. In order to set out the specific objectives of each TSI, the Commission shall be empowered to adopt delegated acts in accordance with Article 50 concerning, in particular and where appropriate:
− 
− | (a) | the geographical and technical scope of the TSIs; |
− | --- | --- |
− 
− | (b) | the applicable essential requirements; |
− | --- | --- |
− 
− | (c) | the list of regulatory, technical and operational conditions to be harmonised at the level of subsystems and at the level of the interfaces between subsystems and their expected level of harmonisation; |
− | --- | --- |
− | (d) | the railway-specific procedures for assessment of conformity and suitability for use of the interoperability constituents; |
− | --- | --- |
− 
− | (e) | the railway-specific procedures to assess the ‘EC’ verification of the subsystems; |
− | --- | --- |
− 
− | (f) | the categories of staff involved in the operation and maintenance of the subsystems concerned and the general objectives for setting the minimum requirements for professional qualifications and health and safety conditions for the staff concerned; |
− | --- | --- |
− 
− | (g) | any other necessary element to be taken into account to ensure interoperability pursuant to Article 1(1) and (2) within the Union rail system, such as alignment of TSI with European and international standards or specifications. |
− | --- | --- |
− 
+ **2.** In order to ensure uniform implementation of the delegated acts referred to in paragraph 1, the Commission shall request that the Agency draft TSIs and amendments thereto and make the relevant recommendations to the Commission.
− 2. In order to ensure uniform implementation of the delegated acts referred to in paragraph 1, the Commission shall request that the Agency draft TSIs and amendments thereto and make the relevant recommendations to the Commission.
+ (a) the Agency shall identify the basic parameters for the TSI as well as the interfaces with the other subsystems and any other specific cases that may be necessary;
− | (a) | the Agency shall identify the basic parameters for the TSI as well as the interfaces with the other subsystems and any other specific cases that may be necessary; |
− | --- | --- |
+ (b) the Agency shall draw up the draft TSI on the basis of the basic parameters referred to in point (a). Where appropriate, the Agency shall take account of technical progress, of standardisation work already carried out, of working parties already in place and of acknowledged research work.
− | (b) | the Agency shall draw up the draft TSI on the basis of the basic parameters referred to in point (a). Where appropriate, the Agency shall take account of technical progress, of standardisation work already carried out, of working parties already in place and of acknowledged research work. |
− | --- | --- |
+ **3.** When drafting or reviewing each TSI, including the basic parameters, the Agency shall take account of the estimated costs and benefits of all the technical solutions considered, together with the interfaces between them, so as to establish and implement the most viable solutions. That assessm…
− 3. When drafting or reviewing each TSI, including the basic parameters, the Agency shall take account of the estimated costs and benefits of all the technical solutions considered, together with the interfaces between them, so as to establish and implement the most viable solutions. That assessment …
+ **4.** The Agency shall draft the TSIs and amendments thereto in accordance with Articles 5 and 19 of Regulation (EU) 2016/796 while fulfilling the criteria of openness, consensus and transparency as defined in Annex II to Regulation (EU) No 1025/2012.
− 4. The Agency shall draft the TSIs and amendments thereto in accordance with Articles 5 and 19 of Regulation (EU) 2016/796 while fulfilling the criteria of openness, consensus and transparency as defined in Annex II to Regulation (EU) No 1025/2012.
+ **5.** The committee referred to in Article 51 (‘the committee’) shall be kept periodically informed of the preparatory work on the TSIs. During that work, to comply with the delegated acts referred to in paragraph 1 of this Article, the Commission may formulate any terms of reference or useful reco…
− 5. The committee referred to in Article 51 (‘the committee’) shall be kept periodically informed of the preparatory work on the TSIs. During that work, to comply with the delegated acts referred to in paragraph 1 of this Article, the Commission may formulate any terms of reference or useful recommen…
+ **6.** Where different subsystems have to be placed in service simultaneously for reasons of technical compatibility, the dates of application of the relevant TSIs shall be the same.
− 6. Where different subsystems have to be placed in service simultaneously for reasons of technical compatibility, the dates of application of the relevant TSIs shall be the same.
+ **7.** When drafting, adopting or reviewing the TSIs, the Agency shall take account of the opinion of users as regards the characteristics which have a direct impact on the conditions in which they use the subsystems. To that end, the Agency shall consult associations and bodies representing users d…
− 7. When drafting, adopting or reviewing the TSIs, the Agency shall take account of the opinion of users as regards the characteristics which have a direct impact on the conditions in which they use the subsystems. To that end, the Agency shall consult associations and bodies representing users durin…
+ **8.** In accordance with Article 7 of Regulation (EU) 2016/796, the Commission, with the assistance of the committee, shall draw up and periodically update the list of passengers' associations and bodies to be consulted. That list may be re-examined and updated at the request of a Member State or u…
− 8. In accordance with Article 7 of Regulation (EU) 2016/796, the Commission, with the assistance of the committee, shall draw up and periodically update the list of passengers' associations and bodies to be consulted. That list may be re-examined and updated at the request of a Member State or upon …
+ **9.** When drafting or reviewing the TSIs, the Agency shall take account of the opinion of the social partners as regards the professional qualifications and health and safety conditions at work referred to in point (g) of Article 4(3). To that end, the Agency shall consult the social partners befo…
− 9. When drafting or reviewing the TSIs, the Agency shall take account of the opinion of the social partners as regards the professional qualifications and health and safety conditions at work referred to in point (g) of Article 4(3). To that end, the Agency shall consult the social partners before s…
+ **10.** When the revision of a TSI leads to a change of requirements, the new TSI version shall ensure compatibility with subsystems placed in service in accordance with former TSI versions.
− 10. When the revision of a TSI leads to a change of requirements, the new TSI version shall ensure compatibility with subsystems placed in service in accordance with former TSI versions.
+ **11.** The Commission shall establish, by means of implementing acts, TSIs to implement the specific objectives set out in the delegated acts referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(3). They shall in…
− 11. The Commission shall establish, by means of implementing acts, TSIs to implement the specific objectives set out in the delegated acts referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(3). They shall includ…
+ ### Article 6 — Deficiencies in TSIs
− ### art_6
+ **1.** If, after its adoption, it appears that a TSI has a deficiency, that TSI shall be amended in accordance with Article 5(11). If appropriate, the Commission shall apply this procedure without delay. Such deficiencies shall include cases which could result in unsafe operations within a Member St…
− Article 6
+ **2.** Pending the review of a TSI, the Commission may request an opinion from the Agency. The Commission shall analyse the Agency's opinion and inform the committee of its conclusions.
− 1. If, after its adoption, it appears that a TSI has a deficiency, that TSI shall be amended in accordance with Article 5(11). If appropriate, the Commission shall apply this procedure without delay. Such deficiencies shall include cases which could result in unsafe operations within a Member State.
+ **3.** At the request of the Commission, the Agency's opinion referred to in paragraph 2 shall constitute acceptable means of compliance and may therefore be used for the assessment of projects, pending the adoption of a revised TSI.
− 2. Pending the review of a TSI, the Commission may request an opinion from the Agency. The Commission shall analyse the Agency's opinion and inform the committee of its conclusions.
+ **4.** Any member of the network of representative bodies referred to in Article 38(4) of Regulation (EU) 2016/796 may make the Commission aware of possible TSI deficiencies.
− 3. At the request of the Commission, the Agency's opinion referred to in paragraph 2 shall constitute acceptable means of compliance and may therefore be used for the assessment of projects, pending the adoption of a revised TSI.
+ ### Article 7 — Non-application of TSIs
− 4. Any member of the network of representative bodies referred to in Article 38(4) of Regulation (EU) 2016/796 may make the Commission aware of possible TSI deficiencies.
+ **1.** Member States may allow the applicant not to apply one or more TSIs or parts of them in the following cases:(a) for a proposed new subsystem or part of it, for the renewal or upgrading of an existing subsystem or part of it, or for any element referred to in Article 1(1) which is at an advanc…
− ### art_7
+ **2.** In the case referred to in point (a) of paragraph 1, the Member State concerned shall communicate to the Commission, within one year of entry into force of each TSI, a list of projects that are taking place within its territory and which, in the view of the Member State concerned, are at an a…
− Article 7
+ **3.** In the cases referred to in points (a) and (b) of paragraph 1, the Member State concerned shall communicate to the Commission its decision not to apply one or more TSIs or parts of them.
− 1. Member States may allow the applicant not to apply one or more TSIs or parts of them in the following cases:
+ **4.** In the cases referred to in points (a), (c), (d) and (e) of paragraph 1 of this Article, the Member State concerned shall submit to the Commission the request for non-application of the TSIs or parts of them, accompanied by a file containing the justification for the request, and specifying t…
− | (a) | for a proposed new subsystem or part of it, for the renewal or upgrading of an existing subsystem or part of it, or for any element referred to in Article 1(1) which is at an advanced stage of development or which is the subject of a contract in the course of performance on the date of appli…
− | --- | --- |
− 
− | (b) | where, following an accident or a natural disaster, the conditions for the rapid restoration of the network do not economically or technically allow for partial or total application of the relevant TSIs, in which case the non-application of the TSIs shall be limited to the period before the …
− | --- | --- |
− 
− | (c) | for any proposed renewal, extension or upgrading of an existing subsystem or part of it, when the application of the TSI(s) concerned would compromise the economic viability of the project and/or the compatibility of the rail system in the Member State concerned, for example in relation to t…
− | --- | --- |
− 
− | (d) | for vehicles arriving from or going to third countries the track gauge of which is different from that of the main rail network within the Union; |
− | --- | --- |
− 
− | (e) | for a proposed new subsystem or for the proposed renewal or upgrading of an existing subsystem in the territory of the Member State concerned when its rail network is separated or isolated by the sea or separated as a result of special geographical conditions from the rail network of the res…
− | --- | --- |
− 
− 2. In the case referred to in point (a) of paragraph 1, the Member State concerned shall communicate to the Commission, within one year of entry into force of each TSI, a list of projects that are taking place within its territory and which, in the view of the Member State concerned, are at an advan…
− 
− 3. In the cases referred to in points (a) and (b) of paragraph 1, the Member State concerned shall communicate to the Commission its decision not to apply one or more TSIs or parts of them.
− 
− 4. In the cases referred to in points (a), (c), (d) and (e) of paragraph 1 of this Article, the Member State concerned shall submit to the Commission the request for non-application of the TSIs or parts of them, accompanied by a file containing the justification for the request, and specifying the a…
+ **5.** The Commission shall, by means of an implementing act, establish the information to be included in the file referred to in paragraph 4, the required format of that file and the method to be used for its transmission. That implementing act shall be adopted in accordance with the examination pr…
− 5. The Commission shall, by means of an implementing act, establish the information to be included in the file referred to in paragraph 4, the required format of that file and the method to be used for its transmission. That implementing act shall be adopted in accordance with the examination proced…
+ **6.** Pending the decision of the Commission, the Member State may apply the alternative provisions referred to in paragraph 4 without delay.
− 6. Pending the decision of the Commission, the Member State may apply the alternative provisions referred to in paragraph 4 without delay.
+ **7.** The Commission shall give its decision within four months of submission of the request supported by the complete file. In the absence of such a decision, the request shall be deemed to have been accepted.
− 7. The Commission shall give its decision within four months of submission of the request supported by the complete file. In the absence of such a decision, the request shall be deemed to have been accepted.
+ **8.** Member States shall be informed of the results of the analyses and of the outcome of the procedure set out in paragraph 4.
− 8. Member States shall be informed of the results of the analyses and of the outcome of the procedure set out in paragraph 4.
+ ## CHAPTER III — INTEROPERABILITY CONSTITUENTS
− ### art_8
+ ### Article 8 — Conditions for the placing on the market of interoperability constituents
− Article 8
− 
− 1. Member States shall take all necessary steps to ensure that interoperability constituents are:
+ **1.** Member States shall take all necessary steps to ensure that interoperability constituents are:(a) placed on the market only if they enable interoperability to be achieved within the Union rail system while at the same time meeting the essential requirements;(b) used in their area of use as in…
− | (a) | placed on the market only if they enable interoperability to be achieved within the Union rail system while at the same time meeting the essential requirements; |
− | --- | --- |
− 
− | (b) | used in their area of use as intended and suitably installed and maintained. |
− | --- | --- |
+ **2.** Member States shall not, in their territory and on the basis of this Directive, prohibit, restrict or hinder the placing on the market of interoperability constituents for use in the Union rail system where these constituents comply with this Directive. In particular, they shall not require c…
− 2. Member States shall not, in their territory and on the basis of this Directive, prohibit, restrict or hinder the placing on the market of interoperability constituents for use in the Union rail system where these constituents comply with this Directive. In particular, they shall not require check…
+ ### Article 9 — Conformity or suitability for use
− ### art_9
+ **1.** Member States and the Agency shall consider that an interoperability constituent meets the essential requirements if it complies with the conditions laid down in the corresponding TSI or the corresponding European specifications developed to comply with those conditions. The ‘EC’ declaration …
− Article 9
+ **2.** Where the TSI so requires, the ‘EC’ declaration shall be accompanied by:(a) a certificate, issued by a notified body or bodies, of the intrinsic conformity of an interoperability constituent considered in isolation, to the technical specifications to be met;(b) a certificate, issued by a noti…
− 1. Member States and the Agency shall consider that an interoperability constituent meets the essential requirements if it complies with the conditions laid down in the corresponding TSI or the corresponding European specifications developed to comply with those conditions. The ‘EC’ declaration of c…
+ **3.** The ‘EC’ declaration shall be dated and signed by the manufacturer or its authorised representative.
− 2. Where the TSI so requires, the ‘EC’ declaration shall be accompanied by:
+ **4.** The Commission shall establish, by means of implementing acts, the template of the ‘EC’ declaration of conformity or suitability for use of interoperability constituents and the list of accompanying documents. Those implementing acts shall be adopted in accordance with the examination procedu…
− | (a) | a certificate, issued by a notified body or bodies, of the intrinsic conformity of an interoperability constituent considered in isolation, to the technical specifications to be met; |
− | --- | --- |
+ **5.** Spare parts for subsystems that are already placed in service when the corresponding TSI enters into force may be installed in those subsystems without being subject to paragraph 1.
− | (b) | a certificate, issued by a notified body or bodies, of the suitability for use of an interoperability constituent considered within its railway environment, particularly in the case of functional requirements concerned. |
− | --- | --- |
+ **6.** TSIs may provide for a period of transition for rail products identified by those TSIs as interoperability constituents which have already been placed on the market when the TSIs enter into force. Such constituents shall comply with Article 8(1).
− 3. The ‘EC’ declaration shall be dated and signed by the manufacturer or its authorised representative.
+ ### Article 10 — Procedure for ‘EC’ declaration of conformity or suitability for use
− 4. The Commission shall establish, by means of implementing acts, the template of the ‘EC’ declaration of conformity or suitability for use of interoperability constituents and the list of accompanying documents. Those implementing acts shall be adopted in accordance with the examination procedure r…
+ **1.** In order to establish the ‘EC’ declaration of conformity or suitability for use of an interoperability constituent, the manufacturer or his authorised representative shall apply the provisions laid down by the relevant TSIs.
− 5. Spare parts for subsystems that are already placed in service when the corresponding TSI enters into force may be installed in those subsystems without being subject to paragraph 1.
+ **2.** Where the corresponding TSI so requires, assessment of the conformity or suitability for use of an interoperability constituent shall be carried out by the notified body with which the manufacturer or his authorised representative has lodged the application.
− 6. TSIs may provide for a period of transition for rail products identified by those TSIs as interoperability constituents which have already been placed on the market when the TSIs enter into force. Such constituents shall comply with Article 8(1).
+ **3.** Where interoperability constituents are the subject of other legal acts of the Union covering other matters, the ‘EC’ declaration of conformity or suitability for use shall state that the interoperability constituents also meet the requirements of those other legal acts.
− ### art_10
+ **4.** Where neither the manufacturer nor his authorised representative has met the obligations laid down in paragraphs 1 and 3, those obligations shall be incumbent on any person who places interoperability constituents on the market. For the purposes of this Directive, the same obligations shall a…
− Article 10
+ **5.** If a Member State finds that the ‘EC’ declaration has been drawn up improperly, it shall ensure that the interoperability constituent is not placed on the market. In such a case, the manufacturer or his authorised representative shall be required to restore the interoperability constituent to…
− 1. In order to establish the ‘EC’ declaration of conformity or suitability for use of an interoperability constituent, the manufacturer or his authorised representative shall apply the provisions laid down by the relevant TSIs.
+ ### Article 11 — Non-compliance of interoperability constituents with essential requirements
− 2. Where the corresponding TSI so requires, assessment of the conformity or suitability for use of an interoperability constituent shall be carried out by the notified body with which the manufacturer or his authorised representative has lodged the application.
+ **1.** Where a Member State finds that an interoperability constituent covered by the ‘EC’ declaration of conformity or suitability for use and placed on the market is, when used as intended, unlikely to meet the essential requirements, that Member State shall take all necessary steps to restrict it…
− 3. Where interoperability constituents are the subject of other legal acts of the Union covering other matters, the ‘EC’ declaration of conformity or suitability for use shall state that the interoperability constituents also meet the requirements of those other legal acts.
+ **2.** The Agency, on a mandate from the Commission, shall start the consultation process with the parties concerned without delay and in any case within 20 days of the date of receipt of that mandate. Where, following that consultation, the Agency establishes that the measure is unjustified, it sha…
− 4. Where neither the manufacturer nor his authorised representative has met the obligations laid down in paragraphs 1 and 3, those obligations shall be incumbent on any person who places interoperability constituents on the market. For the purposes of this Directive, the same obligations shall apply…
+ **3.** Where the decision referred to in paragraph 1 results from an inadequacy of European specifications, the Member States, the Commission or the Agency, as appropriate, shall apply one or more of the following measures:(a) partial or total withdrawal of the specification concerned from the publi…
− 5. If a Member State finds that the ‘EC’ declaration has been drawn up improperly, it shall ensure that the interoperability constituent is not placed on the market. In such a case, the manufacturer or his authorised representative shall be required to restore the interoperability constituent to a s…
+ **4.** Where an interoperability constituent bearing the ‘EC’ declaration of conformity fails to comply with the essential requirements, the competent Member State shall take appropriate measures against any entity which has drawn up the declaration and shall inform the Commission and the other Memb…
− ### art_11
+ ## CHAPTER IV — SUBSYSTEMS
− Article 11
− 
− 1. Where a Member State finds that an interoperability constituent covered by the ‘EC’ declaration of conformity or suitability for use and placed on the market is, when used as intended, unlikely to meet the essential requirements, that Member State shall take all necessary steps to restrict its fi…
+ ### Article 12 — Free movement of subsystems
− | (a) | failure to meet the essential requirements; |
− | --- | --- |
− 
− | (b) | incorrect application of European specifications where application of such specifications is relied upon; |
− | --- | --- |
− 
− | (c) | inadequacy of European specifications. |
− | --- | --- |
− 
− 2. The Agency, on a mandate from the Commission, shall start the consultation process with the parties concerned without delay and in any case within 20 days of the date of receipt of that mandate. Where, following that consultation, the Agency establishes that the measure is unjustified, it shall f…
− 
− 3. Where the decision referred to in paragraph 1 results from an inadequacy of European specifications, the Member States, the Commission or the Agency, as appropriate, shall apply one or more of the following measures:
− 
− | (a) | partial or total withdrawal of the specification concerned from the publications containing them; |
− | --- | --- |
− | (b) | if the relevant specification is a harmonised standard, restriction or withdrawal of that standard in accordance with Article 11 of Regulation (EU) No 1025/2012; |
− | --- | --- |
− 
− | (c) | review of the TSI in accordance with Article 6. |
− | --- | --- |
− 
− 4. Where an interoperability constituent bearing the ‘EC’ declaration of conformity fails to comply with the essential requirements, the competent Member State shall take appropriate measures against any entity which has drawn up the declaration and shall inform the Commission and the other Member S…
− 
− ### art_12
− 
− Article 12
− 
+ (a) as part of the procedure leading to the ‘EC’ declaration of verification; or
− | (a) | as part of the procedure leading to the ‘EC’ declaration of verification; or |
− | --- | --- |
+ (b) in other Member States, before or after the entry into force of this Directive, with a view to verifying compliance with identical requirements under identical operational conditions.
− | (b) | in other Member States, before or after the entry into force of this Directive, with a view to verifying compliance with identical requirements under identical operational conditions. |
− | --- | --- |
+ ### Article 13 — Conformity with TSIs and national rules
− ### art_13
+ **1.** The Agency and the national safety authorities shall consider as meeting the essential requirements, those structural subsystems constituting the rail system which are covered, as appropriate, by the ‘EC’ declaration of verification established by reference to TSIs, in accordance with Article…
− Article 13
+ **2.** National rules for implementing the essential requirements and, where relevant, acceptable national means of compliance, shall apply in the following cases:(a) where the TSIs do not cover, or do not fully cover, certain aspects corresponding to the essential requirements, including open point…
− 1. The Agency and the national safety authorities shall consider as meeting the essential requirements, those structural subsystems constituting the rail system which are covered, as appropriate, by the ‘EC’ declaration of verification established by reference to TSIs, in accordance with Article 15,…
+ ### Article 14 — Notification of national rules
− 2. National rules for implementing the essential requirements and, where relevant, acceptable national means of compliance, shall apply in the following cases:
+ **1.** Member States shall notify to the Commission and to the Agency the existing national rules referred to in Article 13(2) in the following cases:(a) where the national rule(s) has/have not been notified by 15 June 2016. In that case, they shall be notified by 16 December 2016;(b) each time the …
− | (a) | where the TSIs do not cover, or do not fully cover, certain aspects corresponding to the essential requirements, including open points as referred to in Article 4(6); |
− | --- | --- |
+ **2.** Member States shall notify the full text of national rules referred to in paragraph 1 through the appropriate IT system in accordance with Article 27 of Regulation (EU) 2016/796.
− | (b) | where non-application of one or more TSIs or parts of them has been notified under Article 7; |
− | --- | --- |
+ **3.** Member States shall ensure that national rules referred to in paragraph 1, including those covering the interfaces between vehicles and networks, are easily accessible, in the public domain and formulated in terminology that all interested parties can understand. Member States may be requeste…
− | (c) | where a specific case requires the application of technical rules not included in the relevant TSI; |
− | --- | --- |
+ **4.** Member States may lay down new national rules only in the following cases:(a) when a TSI does not fully meet the essential requirements;(b) as an urgent preventive measure, in particular following an accident.
− | (d) | national rules used to specify existing systems, limited to the aim of assessing technical compatibility of the vehicle with the network; |
− | --- | --- |
− 
− | (e) | networks and vehicles not covered by TSIs; |
− | --- | --- |
+ **5.** Member States shall submit, through the appropriate IT system in accordance with Article 27 of Regulation (EU) 2016/796, the drafts of new national rules to the Agency and the Commission for consideration before the expected introduction of the proposed new rule into the national legal system…
− | (f) | as an urgent temporary preventive measure, in particular following an accident. |
− | --- | --- |
+ **6.** When they adopt a new national rule, Member States shall notify it to the Agency and the Commission through the appropriate IT system in accordance with Article 27 of Regulation (EU) 2016/796.
− ### art_14
+ **7.** In the case of urgent preventive measures, Member States may adopt and apply a new national rule immediately. That rule shall be notified in accordance with Article 27(2) of Regulation (EU) 2016/796 and subject to the assessment of the Agency in accordance with Article 26(1), (2) and (5) of t…
− Article 14
+ **8.** When notifying a national rule referred to in paragraph 1 or a new national rule, Member States shall provide justification of the need for that rule in order to fulfil an essential requirement not already covered by the relevant TSI.
− 1. Member States shall notify to the Commission and to the Agency the existing national rules referred to in Article 13(2) in the following cases:
+ **9.** Draft national rules and national rules referred to in paragraph 1 shall be examined by the Agency in accordance with the procedures laid down in Articles 25 and 26 of Regulation (EU) 2016/796.
− | (a) | where the national rule(s) has/have not been notified by 15 June 2016. In that case, they shall be notified by 16 December 2016; |
− | --- | --- |
+ **10.** The Commission shall establish, by means of implementing acts, the classification of the notified national rules in different groups with the aim of facilitating cross-acceptance in different Member States and the placing on the market of vehicles, including compatibility between fixed and m…
− | (b) | each time the rules are changed; |
− | --- | --- |
− | (c) | when a new request has been submitted in accordance with Article 7 for non-application of the TSI; |
− | --- | --- |
− 
− | (d) | where national rules become redundant after publication or revision of the TSI concerned. |
− | --- | --- |
− 
− 2. Member States shall notify the full text of national rules referred to in paragraph 1 through the appropriate IT system in accordance with Article 27 of Regulation (EU) 2016/796.
− 
− 3. Member States shall ensure that national rules referred to in paragraph 1, including those covering the interfaces between vehicles and networks, are easily accessible, in the public domain and formulated in terminology that all interested parties can understand. Member States may be requested to…
− 
− 4. Member States may lay down new national rules only in the following cases:
− 
− | (a) | when a TSI does not fully meet the essential requirements; |
− | --- | --- |
− 
− | (b) | as an urgent preventive measure, in particular following an accident. |
− | --- | --- |
− 
− 5. Member States shall submit, through the appropriate IT system in accordance with Article 27 of Regulation (EU) 2016/796, the drafts of new national rules to the Agency and the Commission for consideration before the expected introduction of the proposed new rule into the national legal system, in…
− 
− 6. When they adopt a new national rule, Member States shall notify it to the Agency and the Commission through the appropriate IT system in accordance with Article 27 of Regulation (EU) 2016/796.
− 
− 7. In the case of urgent preventive measures, Member States may adopt and apply a new national rule immediately. That rule shall be notified in accordance with Article 27(2) of Regulation (EU) 2016/796 and subject to the assessment of the Agency in accordance with Article 26(1), (2) and (5) of that …
− 
− 8. When notifying a national rule referred to in paragraph 1 or a new national rule, Member States shall provide justification of the need for that rule in order to fulfil an essential requirement not already covered by the relevant TSI.
− 
− 9. Draft national rules and national rules referred to in paragraph 1 shall be examined by the Agency in accordance with the procedures laid down in Articles 25 and 26 of Regulation (EU) 2016/796.
− 
− 10. The Commission shall establish, by means of implementing acts, the classification of the notified national rules in different groups with the aim of facilitating cross-acceptance in different Member States and the placing on the market of vehicles, including compatibility between fixed and mobil…
− 
+ **11.** Member States may decide not to notify rules and restrictions of a strictly local nature. In such cases, Member States shall mention those rules and restrictions in the registers of infrastructure referred to in Article 49.
… diff truncated at 500 changed lines …