Commission Regulation (EU) No 1299/2014 of 18 November 2014 on the technical specifications for interoperability relating to the infrastructure subsystem of the rail system in the European Union (Text with EEA relevance)Text with EEA relevance

The TSI shall apply to all new, upgraded or renewed ‘infrastructure’ of the rail system in the European Union as defined in point 2.1 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council⁽¹⁾.

Without prejudice to Articles 7 and 8 and point 7.2 of the Annex, the TSI shall apply to new railway lines in the European Union, which are placed in service from 1 January 2015.

The TSI shall not apply to existing infrastructure of the rail system in the European Union, which is already placed in service on all or part of the network of any Member State on 1 January 2015, except when it is subject to renewal or upgrading in accordance with Article 18 of Directive (EU) 2016/797 and Section 7.3 of the Annex.

The TSI shall apply to the network of the Union rail system as described in Annex I of Directive (EU) 2016/797 with the exclusion of cases referred to in Article 1(3) and (4) of Directive (EU) 2016/797.

The TSI shall apply to networks with the following nominal track gauges: 1 435 mm, 1 520 mm, 1 524 mm, 1 600 mm and 1 668 mm.

Metric gauge is excluded from the technical scope of this TSI.

The technical and geographical scope of this Regulation is set out in Sections 1.1 and 1.2 of the Annex.

With regard to the aspects listed as ‘open points’ in Appendix R to the Annex to this Regulation, the conditions to be complied with for verifying the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.

Within six months of the entry into force of this Regulation, each Member State shall send to the other Member States and the Commission of the following information, unless such information has already been sent to them under Decisions 2008/217/EC or 2011/275/EU:

1. the national rules referred to in paragraph 1;

2. the conformity assessment and verification procedures to be carried out to apply the national rules referred to in paragraph 1;

3. the bodies designated to carry out the conformity assessment and verification procedures with respect to the open points.

With regard to specific cases listed in Section 7.7 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in Section 7.7 of the Annex or by national rules in force in the Member State which authorises the placing in service of the subsystem covered by this Regulation.

Within six months of the entry into force of this Regulation, each Member State shall notify to the other Member States and the Commission the following information:

1. the national rules referred to in paragraph 1;

2. the conformity assessment and verification procedures to be carried out to apply the national rules referred to in paragraph 1;

3. the bodies designated to carry out the conformity assessment and verification procedures for the national rules relating to the specific cases set out in point 7.7 of the Annex.

Member States shall notify the Commission, not later than 1 July 2015, any existing national, bilateral, multilateral or international agreements between Member States and railway undertaking(s), infrastructure managers or non-member countries which are required by the very specific or local nature of the intended rail service or which deliver significant levels of local or regional interoperability.

That obligation does not apply to agreements which have already been notified under Decision 2008/217/EC.

Member States shall forthwith notify to the Commission of any future agreements or amendments to existing agreements.