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RFU-STR-086 Certification Outside TEN

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RECOMMENDATION FOR USE

NB-RAIL COORDINATION GROUP


Supported by
Administrative Decision according to Interoperability Directive Co-funded by
(EU) 2016/797 art. 30.6 the European Union
NB-Rail Association

Issue 02
RFU-STR-086 Date 23/06/2020

TITLE
EC-VERIFICATION FOR OFF TEN PROJECTS
ORIGINATOR SUBJECT RELATED TO
NB-RAIL SUBGROUP INFRASTRUCTURE IOD 2008/57 and IOD 2016/797
(RAILCERT) SCOPE OF THE DIRECTIVE 2008/57/EC
AND ALL TSIS
AMENDMENT RECORD: ISSUE 02, IOD REFERENCES UPDATE
DESCRIPTION AND BACKGROUND EXPLANATION
Background:
The scope of the Directive 2008/57/EC (IOD) is defined in Annex I. A reference is
given to Decision 1692/96/EC for the geographical scope. This decision was amended
several times and has been recast with Decision 661/2010/EU. This decision has been
substituted by Regulation 1315/2013 of 11 December 2013.
The technical and geographical scope of the different TSIs is defined in each TSI
according to article 5.1 of the Directive 2008/57/EC.

The reference is always made to the Annex I of IOD. Some of them refer to Annex I to
Directive 2008/57/EC (e.g. TSI INF CR) and some older ones refer to Annex I to
Directive 2001/16/EC respectively to Annex I to Directive 96/48/EC (e.g. TSI SRT).
The new TSIs from 2014 all specify their geographical scope with reference to IOD,
Annex I, and the exclude the cases referred to in Article 1(3) of the IOD.

The Regulation 1315/2013/EU contains in Annex 3 indicative maps for specific “third
countries” outside the European Union. The scope of IOD as defined through this
Regulation therefore contains also these “third countries”.

Question:
Are notified bodies (NoBo) allowed to issue EC-certificates of verification according to
2008/57/EC for subsystems in case they are not explicitly specified in the scope of the
TSI?

RFU PROPOSAL
The voluntary assessment of subsystems outside the geographical scope as defined in
each TSI and the Regulation 1315/2013 would respect and support the general aim of
harmonizing a larger rail network than currently specified as TEN. However, the legal
aspects as well as the scope of the IOD have to be considered. Therefore, some
special terms (e.g. EC-certificate of verification) defined by the IOD have to be
respected and are not allowed to be misused.

We have to differentiate between “fixed subsystems” (infrastructure, energy, trackside


control-command and signalling) and “not fixed subsystem” (rolling stock and on-board

Recommendation For Use Page 1 of 3


RECOMMENDATION FOR USE
NB-RAIL COORDINATION GROUP
Supported by
Administrative Decision according to Interoperability Directive Co-funded by
(EU) 2016/797 art. 30.6 the European Union
NB-Rail Association

Issue 02
RFU-STR-086 Date 23/06/2020

control-command and signalling). There is no geographical limitation of the scope for


“not fixed subsystems”, because the applicant can always decide to move the
subsystem within the geographical scope.
This is the same case for interoperability constituents of all subsystems.

For “fixed subsystems” it is important to decide for each case whether the subsystem
falls within the scope of the IOD, respective TSI. The exclusion given in Article 1(3) of
the IOD shall be respected. In all cases the NoBo can do the assessment procedure
as defined in the IOD and the different TSIs. However, the final document shall be
different:

(*) The certificate of verification shall not be issued as a Notified Body. This means that
the identification number of the Notified Body shall not appear on the certificate.

THIS RFU WAS AGREED ON


PLENARY MEETING 059
THIS RFU ENTERS INTO FORCE ON
23/06/2020 (DATE OF PUBLICATION)
FROM THIS DATE ON THIS RFU CAN BE APPLIED INSTEAD OF THE PREVIOUS MANDATORY
VERSION.

RFU APPLICATION IS MANDATORY STARTING FROM

Recommendation For Use Page 2 of 3


RECOMMENDATION FOR USE
NB-RAIL COORDINATION GROUP
Supported by
Administrative Decision according to Interoperability Directive Co-funded by
(EU) 2016/797 art. 30.6 the European Union
NB-Rail Association

Issue 02
RFU-STR-086 Date 23/06/2020

23/06/2020
AT THIS DATE ANY PREVIOUS VERSIONS OF THIS RFU WILL BE WITHDRAWN.
RFUS SHALL BE APPLIED BY ALL NOBOS. PLEASE REFER TO RFU-STR-702, CHAPTER 3 OF
THE SECTION “DESCRIPTION AND BACKGROUND EXPLANATION”, FOR THE LEGAL BASIS
SUPPORTING THIS OBLIGATION.

ERA COMMENTS
PLE 059 – 17/06/2020: NO COMMENTS

Recommendation For Use Page 3 of 3

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