Commission Decision of 30 May 2002 concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high-speed rail system referred to in Article 6(1) of Council Directive 96/48/EC (notified under document number C(2002) 1947) (Text with EEA relevance) (2002/731/EC)

Article 3 U.K.

1. For the purposes of this Article:

• ‘upgrading’ means major work to modify a subsystem or part of a subsystem which changes the performance of the subsystem,

• ‘renewal’ means major work to replace a subsystem or part of a subsystem which does not change the performance of the subsystem,

• ‘maintenance-related replacement’ means replacement of components by parts of identical function and performances in the context of predictive or corrective maintenance.

2. In the case of upgrading, the contracting entity will submit a dossier describing the project to the Member State concerned. The Member State will examine the dossier and, taking into account the implementation strategy in Chapter 7 of the attached TSI, will (where appropriate) decide whether the scale of the work requires the need for a new authorisation for placing in service under Article 14 of Directive 96/48/EC. Such authorisation for placing in service is necessary whenever the level of safety may objectively be affected by the work envisaged.

Where a new authorisation for placing in service under Article 14 of Directive 96/48/EC is necessary, the Member State decides whether:

(a) the project includes full application of the TSI, in which case the subsystem will be subject to the EC verification procedure in Directive 96/48/EC; or

(b) full application of the TSI is not yet possible. In this case the subsystem will not be in full conformity with the TSI and the EC verification procedure in Directive 96/48/EC shall be applied only in respect of the parts of the TSI applied.

In these two cases the Member State will inform the Committee set up pursuant to Directive 96/48/EC of the dossier including the parts of TSI being applied and the degree of interoperability being achieved.

3. In the case of renewal and maintenance-related replacement, application of the attached TSI is voluntary.