Article 1

The TSI relating to the ‘rolling stock’ subsystem of the trans-European high-speed rail system referred to in Article 6(1) of Directive 96/48/EC is hereby adopted by the Commission. The TSI is set out in the Annex to this Decision. The TSI is fully applicable to the rolling stock of the trans-European high-speed rail system as defined in Annex I to Directive 96/48/EC, taking into account Article 2 and Article 3 hereunder.

Article 2

1.

With regard to the aspects that are common to the high-speed and the conventional rail systems, but not covered in the attached TSI, the conditions to be complied with for the verification of the interoperability within the meaning of Article 16(2) of Directive 96/48/EC are the applicable technical rules in use in the Member State which authorises the placing in service of the subsystem concerned by this Decision.

2.

Each Member State shall notify to the other Member States and to the Commission within six months of the notification of this Decision:

  • the list of the applicable technical rules mentioned under Article 2(1),

  • the conformity assessment and checking procedures to be applied with regard to the application of these rules,

  • the bodies it appoints for carrying out those conformity assessment and checking procedures.

Article 3

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 relevant 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.

Article 4

The relevant parts of Commission recommendation 2001/290/EC3 on the basic parameters of the trans-European high-speed rail system have no longer effect from the date of entry into force of the attached TSI.

Article 5

The attached TSI shall enter into force six months after notification of this Decision.

Article 6

This Decision is addressed to the Member States.