Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the rolling stock — locomotives and passenger rolling stock subsystem of the rail system in the European Union (Text with EEA relevance)

The TSI shall apply to the ‘rolling stock’ subsystem as described in point 2.7 of Annex II to Directive (EU) 2016/797 of the European Parliament and of the Council⁽¹⁾ which is, or is intended to be, operated on the rail network defined in point 1.2 of the Annex and which falls under one of the following types:

1. self-propelling thermal or electric trains;

2. thermal or electric traction units;

3. passenger carriages;

4. special vehicles, such as on-track machines (OTMs).

The TSI shall apply to the rolling stock referred to in paragraph 1 which is intended to be operated on one or more of the following nominal track gauges: 1 435 mm, 1 520 mm, 1 524 mm, 1 600 mm and 1 668 mm, as stated in Section 2.3.2 of the Annex.

Without prejudice to Articles 8 and 9, and point 7.1.1 of the Annex, the TSI shall apply to all new rolling stock of the rail system in the Union, defined in Article 2(1), which is placed in service from 1 January 2015.

The TSI shall not apply to existing rolling stock of the rail system in the Union which is already placed in service on all or part of the network of any Member State on 1 January 2015, except when

1. it is subject to renewal or upgrading in accordance with Section 7.1.2 of the Annex to this Regulation; or

2. the area of use is extended in accordance with Article 54(3) of Directive (EU) 2016/797, in which case the provisions in Section 7.1.4 of the Annex to this Regulation shall apply.

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

The fitment of the on-board energy measurement system defined in clause 4.2.8.2.8 of the Annex is mandatory for new, upgraded and renewed vehicles intended to be operated on networks equipped with the on-ground energy data collecting system (DCS) defined in point 4.2.17 of Commission Regulation (EU) No 1301/2014⁽²⁾.

With regard to the aspects listed as ‘open points’ in Appendix I of the Annex, 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 States which are part of the area of use of the vehicles 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 the following information, unless such information has already been sent to them under Commission Decisions 2008/232/EC or 2011/291/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 7.3 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 7.3 of the Annex or by national rules in force in the Member States which are part of the area of use of the vehicles covered by this Regulation.

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

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 7.3 of the Annex.