The Railways (Interoperability) (High-Speed) Regulations 2002

Interoperability constituents: prohibition on placing on the market

11.—(1) No person who is the person responsible in respect of an interoperability constituent shall place that interoperability constituent on the market unless—

(a) the requirements of paragraph (2) have been met in relation to that interoperability constituent; or

(b) the interoperability constituent that he places on the market is identical to an interoperability constituent that he has already placed on the market and in relation to which the requirements of paragraph (2) have been met.

(2) The requirements referred to in paragraph (1) are that—

(a) the interoperability constituent—

(i) conforms to such European specifications as have been published in the Official Journal that are relevant to an interoperability constituent of that type, or

(ii) where no such European specifications have been so published, or in the circumstances provided for in regulation 15, conforms to notified standards (if any) in relation to an interoperability constituent of that type;

(b) the interoperability constituent meets such of the essential requirements as relate to an interoperability constituent of that type;

(c) the appropriate conformity or suitability for use assessment procedure in respect of the interoperability constituent has been carried out;

(d) where required by a TSI, a notified body is appointed to carry out the appropriate conformity or suitability for use assessment procedure in respect of that interoperability constituent;

(e) either a conformity declaration or a suitability declaration, or both (as the case may be) has been drawn up in relation to the interoperability constituent by the person responsible in accordance with the requirements in Schedule 4; and

(f) enables interoperability to be achieved within the trans-European high-speed rail system.

(3) Where there is a requirement to prepare a conformity declaration or suitability declaration in relation to an interoperability constituent and that interoperability constituent is also subject to other requirements pursuant to a European Community Directive other than the high-speed Directive, the person who prepares that conformity declaration or suitability declaration shall state in that declaration whether or not the interoperability constituent in question meets those other requirements.