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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

19 October 2011 [shall come into force from 26 October 2011];
29 October 2013 [shall come into force from 1 January 2014];
16 December 2014 [shall come into force from 30 December 2014];
5 January 2016 [shall come into force from 22 January 2016].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 1210

Adopted 28 December 2010

Regulations Regarding the Interoperability of Trans-European Rail System

Issued pursuant to
Section 7 of the law On Conformity Assessment
and Section 43, Paragraph three of the Railway Law

I. General Provisions

1. This Regulation prescribes:

1.1. the requirements for the interoperability of trans-European rail systems;.

1.2. the essential requirements for the interoperability constituents and subsystems of trans-European rail systems and a mechanism for the supervision of observance thereof; and

1.3. the procedures for the performance of the market supervision.

2. Terms used in this Regulation:

2.1. subsystem verification - the procedure which is carried out in order to prove that the requirements of this Regulation are complied with in relation to the relevant subsystem and that it may be placed in service within the trans-European rail system. This procedure shall not cancel such verification which the conformity assessment institution carries out in accordance with laws and regulations applied to the sub-system in the fields not directly applied to rail system. With subsystem verification it is checked and approved that the subsystem complies with:

2.1.1. the requirements of this Regulation and relevant technical specifications for interoperability (hereinafter - the requirements of the European Union);

2.1.2. the requirements of this Regulation and the laws and regulations, standards and normative and technical documentation to be applied in Latvia referred to in Paragraph 29 of this Regulation (hereinafter - the national requirements);

2.2. rail network - the lines, stations, terminals, and all kinds of fixed equipment needed to ensure safe and continuous operation of the trans-European rail system;

2.3.existing rail system - the existing rail infrastructure (tracks and fixed installations), as well as the rolling stock of all categories and origin travelling on that infrastructure;

2.4. designer - a person who develops an interoperability constituent or technical solutions for subsystems, which are used in production or maintenance of interoperability constituents or subsystems;

2.5. manufacturer - a commercial entity which manufactures interoperability constituents. A manufacturer may be also a designer;

2.6. interface - a set of subsystem functions, which ensures direct interoperability with other subsystems in order to fulfil all the necessary operational and technical essential requirements;

2.7. interoperability - the ability of a rail system to allow the safe and uninterrupted movement of trains which accomplish the required level of performance within the relevant infrastructure;

2.8. interoperability constituent - any elementary component, group of components, subassembly or complete assembly of equipment incorporated or intended to be incorporated into a subsystem upon which the interoperability of the trans-European rail system depends directly or indirectly. The interoperability constituent may be either a tangible object or an intangible system (such as software). Interoperability constituents may be used also in other sectors, but, if they are used for rail needs, specific requirements shall be determined for them;

2.9. essential requirements - all the conditions that must be met by the trans-European rail system, the subsystems, and the interoperability constituents including interfaces (Annex);

2.10. basic parameters - any regulatory technical or operational condition which is critical to interoperability and is specified in the relevant technical specifications for interoperability;

2.11. supervisory authority - the authority which takes decisions on placing in service of a subsystem in the trans-European rail system, as well as performs market supervision so that only the interoperability constituents complying with this Regulation are used. The State Railway Technical Inspectorate shall be the supervisory authority in Latvia;

2.12. declaration of verification - a declaration which attests that appropriate verification procedures have been applied to the relevant subsystem and the subsystem complies with the requirements of this Regulation. The conformity with the requirements of the European Union and the national requirements shall be identified in the declaration of verification.

[19 October 2011; 5 January 2016]

3. The requirements specified in this Regulation shall apply to the design, construction, placing in service, upgrading (essential modification work of the subsystem or subsystem part, which improves the general operation of the subsystem), renewal (important replacement work of the subsystem or subsystem part which does not change the general operation of the subsystem), operation and maintenance (preventative replacement of interoperability constituents with parts which have identical functions and performance parameters) of such parts of the trans-European conventional rail system referred to in Chapter II of this Regulation, which are placed in service in accordance with the procedures laid down in this Regulation, as well as to the professional qualifications and health and safety conditions of the staff which contributes to the operation and maintenance thereof.

4. This Regulation shall not apply to:

4.1. metros, trams and other light rail systems;

4.2. the infrastructure that is functionally separate from the rest of the railway system and which is intended only for the provision of local, urban or suburban passenger transport services, as well as railway commercial entities operating solely on these rail networks;

4.3. privately owned railway infrastructure that is solely used by the owner for its own freight operations, as well as rolling stock, if it is used only on such infrastructure;

4.4. infrastructure and rolling stock used for tourism, retained as a historical object or used only for local purposes.

5. It is allowed to use a suitable railway infrastructure compliant with the requirements of this Regulation for the rolling stock, to which, in accordance with Paragraph 4 of this Regulation, the requirements of this Regulation are not applied or to which, in accordance with Paragraph 78 of this Regulation, the requirements of technical specifications for interoperability are not applied.

6. The conformity of interoperability constituents with the essential requirements shall be determined by the notified body which complies with the requirements of Chapter V of this Regulation. The notified body shall perform assessment in accordance with Chapter VI of this Regulation.

7. The conformity of the subsystems with the essential requirements shall be determined by the notified body which complies with the requirements of Chapter V of this Regulation. The notified body shall perform verification in accordance with Chapter VIII of this Regulation.

II. Trans-European Rail System

8. The trans-European rail system shall consist of the trans-European conventional rail system and the trans-European high speed rail system.

9. The trans-European conventional rail system shall be formed by the trans-European rail infrastructure, which has not been included in the trans-European high speed rail system, and the rolling stock which has been designed to travel on such infrastructure.

10. [16 December 2014]

11. The traffic management, control-command and navigation systems - technical installations for data processing and telecommunications which are intended for passenger and freight long-distance carriages in the relevant railway network, shall be included in the interoperability infrastructure of the trans-European rail system and safe and co-ordinated operation thereof and efficient traffic management shall be ensured.

12. The trans-European conventional rail system shall include also the rolling stock. The rolling stock shall include one or several structural and functional subsystems or parts of such subsystems.

13. The trans-European rail system shall include the trans-European rail system lines and fixed installations built or upgraded so that the rolling stock intended for use of such infrastructure could travel on them at the speed determined by the Railway Law.

14. The traffic management, control-command and navigation systems, technical installations for data processing and telecommunications which are intended for carriages on these lines and which ensure safe and co-ordinated operation and efficient management of the railway network, shall be included in the trans-European high-speed rail system.

III. Subsystems

15. The trans-European rail system shall be broken down into the following subsystems:

15.1. structural subsystems:

15.1.1. infrastructure;

15.1.2. energy supply;

15.1.3. trackside control-command and signalling;

15.1.4. rolling stock;

15.1.5. on-board control-command and signalling;

15.2. functional subsystems:

15.2.1. operation and traffic management;

15.2.2. maintenance;

15.2.3. telematics applications for passenger and freight services.

[19 October 2011]

16. The infrastructure subsystem shall cover tracks, switches, engineering structures (for example, bridges, tunnels), associated station infrastructure (for example, platforms, zones of access, including equipment needed by persons with reduced mobility), safety and protective equipment.

17. The energy supply subsystem shall include an electrification system, including overhead lines and the trackside equipment of the electricity consumption measuring system.

[19 October 2011]

18. The trackside control-command and signalling subsystem shall include all the trackside equipment required to ensure safety of train traffic and to command and control movements of trains authorised to travel on the relevant network.

[19 October 2011]

18.1 The on-board control-command and signalling subsystem shall include all the on-board equipment required to ensure safety of train traffic and to command and control movements of trains authorised to travel on the relevant network.

[19 October 2011]

19. The rolling stock subsystem shall include any structure, command-control system for all train equipment, as well as power supply units, traction and energy conversion units, on-board equipment for the measuring of electricity consumption, braking, coupling and running gear (for example, bogies, axles) and suspension, doors, man and machine interfaces (drivers, on-board staff and passengers, including equipment for persons with reduced mobility), passive and active safety devices and requisites for the health of passengers and on-board staff.

[19 October 2011; 16 December 2014]

20. The operation and traffic management subsystem shall include the procedures and related equipment enabling a coherent operation of the different structural subsystems, both during normal and degraded operation, including train composition and train driving, traffic planning and management, as well as the professional qualifications which may be required for carrying out cross-border services.

[19 October 2011]

21. The telematics application subsystem shall include:

21.1. applications for passenger services, including systems providing passengers with information before and during the journey, reservation and payment systems, luggage management, as well as the management of connections between trains and with other modes of transport;

21.2. applications for freight services, including information systems (real-time monitoring of freight and trains), marshalling and allocation systems, reservation, payment and invoicing systems, management of connections with other modes of transport and the production of electronic accompanying documents.

22. The maintenance subsystem shall include the procedures, associated equipment, logistics centres for maintenance work and reserves allowing the mandatory corrective and preventive maintenance to ensure the interoperability of the trans-European rail system and guarantee the performance required.

IV. Technical Specifications for Interoperability

23. Technical specifications for interoperability shall be the technical specifications for interoperability applicable in accordance with the Railway Law and issued in the field of common transport policy of the European Union on the basis of Articles 91 and 171 of the Treaty on the Functioning of the European Union and published in the Official Journal of the European Union. Technical specifications for interoperability shall apply to any subsystem or part of the subsystem and the purpose thereof shall be to attain the fulfilment of essential requirements and to ensure the interoperability of the trans-European rail system.

24. Technical specifications for interoperability shall determine the operational and technical characteristics, essential requirements for a subsystem and interoperability constituents and interactivity thereof with other subsystems. One technical specification for interoperability shall apply to each subsystem. In individual cases several technical specifications for interoperability shall be applied to a subsystem, as well as one technical specification for interoperability shall be applied to several subsystems.

25. The commercial entity or authority (for example, infrastructure manager, railway undertaking, maintenance or repair undertaking), which uses interoperability constituents or subsystems (hereinafter - user) during the use of a subsystem shall ensure the conformity thereof with the technical specifications for interoperability, which were in force on the day when the subsystem was upgraded, renewed or placed in service.

26. Each technical specification for interoperability shall indicate:

26.1. its intended scope (part of the network or rolling stock, the subsystem or a part of the subsystem);

26.2. the essential requirements for each subsystem concerned and its interfaces with other subsystems;

26.3. the functional and technical requirements to be met by the subsystem and its interfaces with other subsystems (in certain cases these requirements may vary according to the use of the subsystem);

26.4. the interoperability constituents and interfaces which must be covered by European specifications. A European specification is a common technical specification, a European technical approval or an applicable standard;

26.5. the procedures to be used in each specific case for assessment of the conformity or the suitability for use of the interoperability constituents or the verification of subsystems;

26.6. the professional qualifications for the staff concerned, as well as health and safety conditions at work required for the operation and maintenance of the above subsystem, as well as for the implementation of the technical specifications for interoperability;

26.7. transitional periods for the implementation of the technical specifications for interoperability.

27. In order to retain the interoperability of the existing rail system, for which the compatibility with the existing system is endangered due to requirements of the technical specification for interoperability, specific cases shall be provided for in each technical specification for interoperability, either temporary or definitive, with regard to both infrastructure and rolling stock. For specific cases, the technical specifications for interoperability shall stipulate separate conditions depending on the loading gauge, the track gauge and space between the tracks, as well as separate conditions for the rolling stock originating from or destined for the countries other than the European Union Member States (hereinafter - third countries). For each specific case, the technical specification for interoperability shall determine the implementing rules of the requirements referred to in Sub-paragraphs 26.3, 26.4, 26.5, 26.6 and 26.7 of this Regulation.

28. If a direct indication to the applicable European or international standards or specifications, as well as technical documentation published by the European Railway Agency is included in the separate technical specification for interoperability, these standards, specifications, technical documentation or parts thereof shall be considered as an annex to the relevant technical specification for interoperability and the referred to standards, specifications or technical documentation shall become mandatory from the time of application of the technical specification for interoperability. If there are no standards, specifications or technical documentation, the technical specification for interoperability shall contain an indication to other regulatory technical documents of the relevant European Union Member State, which are used until the development of the standards or specifications.

29. If it is indicated in the technical specification for interoperability that an open approach is specified for the ensuring of implementation of essential requirements, the laws and regulations, standards and regulatory technical documentation of the relevant European Union Member State which have been notified to the European Commission in accordance with the specified procedures shall be applied. The State Railway Technical Inspectorate shall publish the information regarding access to the referred to binding laws and regulations, standards and regulatory technical documentation on the website thereof (www.vdzti.gov.lv).

V. Notified Bodies

30. Conformity of interoperability components and structural sub-systems with the requirements of this Regulation shall be assessed by product certification, inspecting, management system certification, testing and calibrating authorities accredited by the national accreditation authority in conformity with the laws and regulations regarding assessment, accreditation and supervision of the conformity assessment authorities, as well as notified to the European Commission (hereinafter - the notified body), or by notified bodies of other European Union Member States or of the European Economic Area states.

[16 December 2014]

31. [16 December 2014]

32. The notified body is entitled to assess interoperability constituents and subsystems, if it conforms to the following criteria:

32.1. the body is independent from all parties involved and it only provides services of a third party;

32.2. the body, the head thereof and the staff responsible for carrying out the conformity assessment procedures of interoperability constituents and subsystems are not the designer, manufacturer, supplier, installer, maintenance performer or user of the relevant interoperability constituents or subsystems or an authorised representative of such persons. An exchange of technical information between the body and manufacturer, its authorised representative or importer is permitted;

32.3. the body, the head thereof and the staff responsible for carrying out the conformity assessment of interoperability constituents and subsystems are functionally independent from the institutions, which in accordance with this Regulation take a decision on placing of subsystems in operation, from institutions, which issue licences for carriage by rail or safety certificates, as well as from institutions, which are responsible for the investigation of accidents;

32.4. the body ensures the accessibility of its services for all interested parties. Services shall not be affected by financial or other discriminating conditions;

32.5. the body itself performs all the checks and tests related to the conformity assessment or transfers any of the conformity assessment checks to a subcontractor, which is competent in the provision of the relevant service, taking full responsibility for the results of checks;

32.6. the body possesses sufficient means and appropriate technical equipment in order to perform adequately the technical and administrative tasks related to the conformity assessment;

32.7. a sufficient number of employees are at the disposal of the body in order for it to carry out all the activities related to the check procedures;

32.8. the staff responsible for the conformity assessment and certification procedures of interoperability constituents and subsystems possesses:

32.8.1. proper vocational and technical training;

32.8.2. satisfactory knowledge of the procedures relating to the checks and sufficient practice in those checks;

32.8.3. the ability to draw up the accounts, reports, records and certificates;

32.8.4. knowledge regarding the production technologies of the interoperability constituents and subsystems to be assessed and use, as well as regarding damages which may arise during the use thereof;

32.9. remuneration of the staff of the body does not depend on the quantity and results of checks or tests;

32.10. the body has its civil liability insured in relation to the results of the work it is entitled to perform; and

32.11. the body protects the ownership rights and does not disclose the information received when performing conformity assessment, with the exception of the information required by the supervisory institutions which supervise and control the interoperability constituents and subsystems used in the rail system, or the institutions, which are responsible for the investigation of accidents.

VI. Conformity Assessment of Interoperability Constituents

33. An interoperability constituent shall comply with the essential requirements if it complies with the conditions specified in the relevant technical specifications for interoperability or European specifications developed for observance of these conditions. If an open approach is determined in technical specifications for interoperability or if technical specifications for interoperability are partly applied for upgrading or renewal, the interoperability constituent complies with the essential requirements in the transition period of application of technical specifications for interoperability or in the special case provided for in Paragraph 27 of this Regulation if it complies with the applicable requirements laid down in technical specifications for interoperability and the national requirements which shall be applied in the case of derogation.

[5 January 2016]

33.1 Regardless of whether derogations or transition periods are laid down or are not laid down in technical specifications for interoperability in respect of certain parameters, all interoperability constituents indicated in technical specifications for interoperability shall be subject to conformity assessment.

[5 January 2016]

34. The conformity assessment of an interoperability constituent indicated in the technical specifications for interoperability shall be performed by the notified body agreeing with the manufacturer or an authorised representative thereof regarding the time, place and procedures for conformity assessment.

[5 January 2016]

35. In performing the conformity assessment, the notified body shall use the modules for conformity assessment procedures in accordance with the conditions referred to in the technical specifications for interoperability.

36. If an interoperability constituent complies with the requirements referred to in this Regulation, the notified body shall issue a certificate of conformity assessment to the manufacturer or an authorised representative thereof.

37. If a manufacturer or an authorised representative thereof fails to ensure the conformity of interoperability constituents or parts of constituents with the requirements of this Regulation, it shall be ensured by a person, who offers interoperability constituents on the market, or by a person, who manufactures or installs interoperability constituents of different origin or parts of constituents for its own use.

38. The declaration of conformity shall certify that the notified body has evaluated the actual conformity of a certain interoperability constituent with the relevant technical specifications or suitability for use in the trans-European rail system or has evaluated the interface in connection with the technical specifications (mainly functional) to be examined.

39. In drawing up the declaration of conformity, the manufacturer or an authorised representative thereof shall apply the conditions included in the technical specifications for interoperability.

40. In order to prepare the declaration of conformity regarding suitability for use of an interoperability constituent, the notified body shall monitor the subsystem on which the interoperability constituent has been mounted in order to assess (where the corresponding technical specification for interoperability so requires) the suitability thereof for the use in the intended railway system.

41. The declaration of conformity and accompanying documents shall be signed by the responsible official of the manufacturer or manufacturer's authorised representative or a person, who has been authorised by the manufacturer or manufacturer's authorised representative to sign the declaration of conformity and accompanying documents (the date of signing shall be indicated).

42. The declaration of conformity shall contain:

42.1.a reference to this Regulation and information regarding the relevant Directive of the European Union;

42.2. the given name, surname or trade name and full address of the manufacturer or its authorised representative (if any);

42.3. a description of the interoperability constituent (for example, make, type);

42.4. a description of the procedures followed in order to declare conformity or suitability for use;

42.5. all the relevant descriptions met by the interoperability constituent and, in particular, its conditions of use;

42.6. the name of the notified body (bodies) involved in the procedure of conformity assessment, as well as the conformity assessment certificate number, date of issue, duration (if any has been specified) and conditions of validity;

42.7. a reference to the European specifications if they are applied;

42.8. information regarding the signatory of the declaration.

43. If the requirements of other laws and regulations apply to interoperability constituents in addition to the requirements of this Regulation, the conformity of interoperability constituents with these requirements shall be indicated in the declaration of conformity.

VII. Use of Interoperability Constituents and Market Surveillance

44. It is allowed to place interoperability constituent on the internal market of the European Union - alienate or transfer for use (with or without remuneration) for use in the trans-European rail system - if it complies with the essential requirements and the manufacturer or an authorised representative thereof has drawn up a declaration of conformity thereon. It is allowed to place interoperability constituent on the market for use outside the trans-European rail system.

45. Interoperability constituents shall be used in the trans-European rail system as intended and shall be suitably installed and maintained.

46. Interoperability constituents may be installed as spare parts for the subsystems that have been placed in service prior to the coming into force of the corresponding technical specification for interoperability without application of the procedure referred to in Chapter VI of this Regulation.

47. If technical specifications for interoperability provide for periods of transition for certain rail products as interoperability constituents which have already been placed on the market prior to the coming into force of the corresponding technical specification for interoperability, such constituents shall be considered as compliant with the requirements of this Regulation.

48. Market surveillance of interoperability constituents shall be performed by the State Railway Technical Inspectorate.

49. The State Railway Technical Inspectorate shall, in conformity with its competence, take the necessary measures so that only such interoperability constituents are on the market and in operation, which, being appropriately manufactured, maintained and used, do not endanger the safety of rail traffic.

50. The State Railway Technical Inspectorate may not prohibit, restrict or hinder the placing on the market of interoperability constituents for use in the trans-European rail system if they comply with the requirements of this Regulation. The State Railway Technical Inspectorate may not request checks which have already been performed in relation to the conformity assessment referred to in Chapter VI.

51. If, in performing market surveillance in conformity with the Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (hereinafter - Regulation No 765/2008), the State Railway Technical Inspectorate determines that the declaration of conformity has been drawn up incorrectly, the manufacturer or an authorised representative thereof has a duty to ensure the compliance of interoperability constituents with the requirements and to eliminate the non-conformity of the relevant declaration of conformity, taking into account the requirements of the State Railway Technical Inspectorate. If the non-conformity is not eliminated, the State Railway Technical Inspectorate shall take a decision in conformity with the requirements of Regulation No 765/2008 to restrict or prohibit the placing on the market of the relevant interoperability constituent.

52. If, in performing market surveillance in conformity with Regulation No 765/2008, the State Railway Technical Inspectorate determines that an interoperability constituent included in the declaration of conformity and placed on the market when used for the intended purpose fails to comply with the essential requirements, it shall take a decision in conformity with the requirements of Regulation No 765/2008 to restrict or prohibit the use of interoperability constituent.

53. The State Railway Technical Inspectorate shall inform the Ministry of Transport regarding the decision referred to in Paragraphs 51 and 52 of this Regulation, but the Ministry of Transport - the European Commission, in order to attain withdrawal of the interoperability constituent from the European Union market in accordance with the procedures specified by the European Commission.

VIII. Verification of Subsystem

54. It is allowed to place structural subsystems in service in the trans-European rail system, if they are designed, constructed or manufactured and installed in conformity with the essential requirements referred to in Annex to this Regulation and the requirements of the relevant technical specifications for interoperability, and also the subsystems have been verified and a relevant declaration of verification has been drawn up.

[5 January 2016]

54.1 In order to prove that a subsystem complies with the requirements of the European Union and the national requirements, the commercial entity or public authority which enters into agreements and orders designing, construction, manufacture, upgrading or renewal of a subsystem of the rail system or parts thereof (hereinafter - the contracting entity), or the manufacturer, and also an authorised representative of the contracting entity or manufacturer shall carry out verification and be responsible thereof. The contracting entity may be also a railway infrastructure manager, railway undertaking, holder or user of subsystems, as well as the concessionaire responsible for carrying out a project.

[5 January 2016]

55. The verification of a subsystem, applying the technical specifications for interoperability (if any), shall be performed by the notified body upon the request of a manufacturer, contracting entity or the authorised representative thereof. If there are no technical specifications for interoperability or an open approach has been specified therein for ensuring the implementation of essential requirements, the notified body shall verify the subsystem, applying the binding laws and regulations, standards and regulatory technical documentation referred to in Paragraph 29 of this Regulation, as well as taking into account the requirements of the laws and regulations regarding construction of railway infrastructure and construction, upgrading, renewal repair, conformity assessment of the rolling stock and acceptance into operation thereof.

[19 October 2011]

56. In performing the verification of the subsystem, the notified body shall use the modules for conformity assessment procedures in accordance with the conditions referred to in the technical specifications for interoperability.

57. The notified body performing verification of the whole subsystem in general shall commence work at the design stage and cover the entire manufacturing period through the acceptance stage before the subsystem is placed in service.

58. The subsystem, or certain parts of the subsystem, shall be checked at each of the following stages:

58.1. overall design;

58.2. manufacture or construction (also civil-engineering activities, interoperability constituent assembly and overall adjustment);

58.3. final testing before placing in service of the subsystem.

[19 October 2011]

59. In order to ascertain the conformity of certain design, manufacture or construction stage with the requirements of this Regulation or if it is specified in the technical specification for interoperability, the manufacturer, contracting entity or authorised representative thereof may, in the design (also type tests), manufacture or construction stage of the subsystem, request from the notified body an assessment of certain design, manufacture or construction stage or certain part of the subsystem. The manufacturer, contracting entity or authorised representative thereof shall select a notified body which may not be the notified body performing verification of the whole subsystem in general. The manufacturer, contracting entity or authorised representative thereof may request a separate assessment for any part in which he or she wishes to divide a subsystem. Each part of the subsystem shall be checked in each of the stages referred to in Paragraph 58 of this Regulation.

[19 October 2011; 5 January 2016]

59.1 In the case referred to in Paragraph 59 of this Regulation the notified body shall perform assessment and issue the intermediate statement of verification to the manufacturer, contracting entity or authorised representative thereof regarding the conformity of design, construction or manufacture stage or certain part of the subsystem with the requirements of this Regulation.

[5 January 2016]

59.2 The technical specifications for interoperability and laws and regulations the conformity with which has been checked by the notified body in the intermediate verification process, including the laws and regulations used in cases of derogations specified in the use of technical specifications for interoperability, shall be indicated in the intermediate statement of verification. The intermediate declaration of conformity shall be drawn up in the same way as the declaration of verification referred to in Paragraph 69 of this Regulation.

[5 January 2016]

60. The notified body shall evaluate the conformity of the technical documentation of the design of the subsystem with the requirements of this Regulation in the design stage of the subsystem.

61. The notified body shall perform monitoring in the manufacture or construction stage of the subsystem in order to ensure that during establishment of the subsystem the obligations in accordance with technical documentation are fulfilled.

62. Employees of the notified body shall, in the manufacture or construction stage of the subsystem, have permanent access to building sites, production workshops, storage areas, as well as, if necessary, to the prefabrication or testing facilities and any territory which they are supposed to visit in performing the duties thereof. A manufacturer, contracting entity or an authorised representative thereof shall ensure the availability of the necessary documents (for example, the implementation plans and technical documentation concerning the subsystem) to the notified body.

63. The notified body shall perform monitoring examinations (audit) during the manufacture or construction stage of the subsystem in order to ascertain the conformity of the subsystem with the requirements specified in this Regulation. The persons, which are responsible for the fulfilment of work, shall be acquainted with the monitoring examination (audit) reports. If necessary, the notified body shall demand the presence of its representatives at certain stages of construction works or manufacture.

64. Representatives of the notified body are allowed to pay unexpected visits to construction sites or production workshops during the manufacture or construction stage of the subsystem. During such visits they shall perform a complete or partial monitoring examination (audit). The persons, which are responsible for the fulfilment of work, shall be acquainted with the report of the visit or monitoring examination (audit) report.

64.1 If intermediate statements of verification have been issued, the notified body which performs verification of the whole subsystem in general shall take into account the relevant intermediate statements of verification and prior to issue of a certificate of verification for the whole subsystem in general:

64.1 1. check whether the intermediate statements of verification cover all the requirements included in the technical specifications for interoperability and laws and regulations;

64.1 2. check all requirements that are not covered by the intermediate statements of verification;

64.1 3. perform the final testing of the subsystem as a whole before placing in service of the subsystem.

[5 January 2016]

65. The notified body performing the verification of the whole subsystem in general shall:

65.1. assess the design, manufacturing or construction of the subsystem and final checks, which were performed before placing in service of the subsystem;

65.2. prepare the certificate of verification.

[19 October 2011]

65.1 The certificate of verification shall provide the reference whether the conformity of the subsystem is assessed pursuant to the requirements of the European Union or to national requirements. The certificate of verification shall provide reference to the technical specifications for interoperability and the laws and regulations, with which the conformity was checked by the notified body in the verification process. In case of derogations, if a subsystem has not been assessed for its conformity with all relevant technical specifications for interoperability, the certificate of verification shall give the precise reference to all the relevant technical specifications for interoperability or their parts whose conformity has not been checked by the notified body during verification, as well as the laws and regulations used.

[19 October 2011; 5 January 2016]

65.2 In indicating laws and regulations, the notified body shall indicate the laws and regulations in the certificate of verification of the subsystems forming the rolling stock, which apply to the technical compatibility of the rolling stock and the particular infrastructure.

[19 October 2011]

65.3 If subsystem for which the certificate of verification has already been issued is modified, the notified body shall carry out only those checks necessary for the verification of the relevant changes by assessing only those parts of the subsystem which have been modified and their interfaces with non-modified parts of the subsystem.

[5 January 2016]

66. The notified body shall perform the final examination of the subsystem prior to the placing in service of the subsystem within the trans-European rail system - the subsystem interfaces shall be verified with the rail system in which the subsystem is to be included. Examination shall be performed on the basis of the information available in the relevant technical specifications for interoperability, as well as in the registers of infrastructure and the rolling stock.

67. If the subsystem complies with the requirements specified in this Regulation, the notified body shall issue the certificate of verification to the manufacturer, contracting entity or an authorised representative thereof necessary for drawing up of the declaration of verification.

68. Each notified body involved in the verification of the subsystem shall prepare the technical documentation referred to in Sub-paragraph 72.1 3 of this Regulation in which the amount of activities carried out shall be indicated. The technical documentation shall contain the documents regarding the parameters of the subsystem (if necessary, also documents confirming the conformity of the interoperability constituents with the requirements specified in this Regulation), conditions and limits for use of the subsystem, as well as instructions concerning servicing, constant or routine monitoring, adjustment and maintenance. The technical documentation shall be transferred to the manufacturer, contracting entity or an authorised representative thereof together with the certificate of verification, and it shall keep the technical documentation as a justification for the issue of the intermediate statement of verification or certificate of verification. The certificate of verification is not valid without the technical documentation.

[19 October 2011; 5 January 2016]

69. The manufacturer, contracting entity or an authorised representative thereof shall draw up a declaration of verification, on the basis of which a decision on placing in service of the subsystem will be taken. In drawing up the declaration of verification, the manufacturer, contracting entity or an authorised representative thereof shall apply the conditions included in this Chapter and the relevant technical specifications for interoperability. The declaration of verification shall provide reference whether the conformity of the subsystem is assessed pursuant to the requirements of the European Union or to national requirements.

[19 October 2011; 5 January 2016]

70. The declaration of verification and accompanying documents shall be signed by the responsible official of the manufacturer, contracting entity or an authorised representative thereof or a person who has been authorised by the manufacturer, contracting entity or an authorised representative thereof to sign the declaration of verification and accompanying documents (the date of signing shall be indicated).

71. At least the following information shall be provided in the declaration of verification:

71.1. a reference to this Regulation and information regarding the relevant Directive of the European Union, and also reference to technical specifications for interoperability and applicable national requirements;

71.2. the given name, surname or trade name and full address of the manufacturer or contracting entity, as well as an authorised representative thereof (if any);

71.3. a brief description of the subsystem;

71.4. the name, address and registration number of the notified body which:

71.4.1. has verified the conformity of the subsystem with the requirements of the European Union;

71.4.2. has verified the conformity of the subsystem with the national requirements;

71.4.3. has assessed the conformity with the laws and regulations of the subsystem in the fields not directly applied to rail system;

71.5. a list of the documents included in the technical documentation;

71.6. all the relevant temporary or final provisions to be complied with in relation to the subsystem and also, if necessary, any operating restrictions or conditions;

71.7. in the case of derogations or in the case when technical specifications for interoperability are partly applied to upgrading or renewal, in transition period of technical specifications for interoperability or in the special case provided for in Paragraph 27 of this Regulation - the reference to technical specifications for interoperability or parts thereof the conformity for which has not been checked during the course of verification procedure, and the reference to the national requirements which have been applied in the case of a derogation;

71.8. the name and address of the assessment authority which has prepared the report regarding common safety methods for risk evaluation in accordance with Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009;

71.9. data regarding the signatory of the declaration.

[5 January 2016]

72. [5 January 2016]

72.1 The manufacturer, contracting entity or authorised representative thereof shall compile and append the following technical documentation to the declaration of verification:

72.1 1. technical characteristics linked to the design which is sufficiently detailed in order to document the carried out conformity verification, including general and detailed drawings with respect to execution, electrical and hydraulic diagrams, control-circuit diagrams, description of data-processing and automatic systems, documentation on operation and maintenance, as well as other information characterising the infrastructure;

72.1 2. a list of interoperability constituents incorporated into the subsystem;

72.1 3. the technical documentation indicated in Paragraph 68 of this Regulation. The abovementioned documentation shall include:

72.1 3.1. copies of the declarations of conformity regarding the interoperability constituents included in the subsystem and, if necessary, the corresponding calculation notes, as well as a copy of the records of the tests and examinations carried out by the notified bodies on the basis of the common technical specifications;

72.1 3.2. intermediate statements of verification (if any) appended to the certificate of verification, and also data regarding the results of verification carried out by the notified body in respect of the conformity of the intermediate statements of verification;

72.1 3.3. the certificate of verification issued by the notified body (accompanied by the corresponding calculation notes) approved by a signature and stating that the subsystem complies with the requirements of this Regulation (mentioning any reservations recorded during performance of the activities and not withdrawn). The certificate should also be accompanied by the reports on the visits and the reports on monitoring checks (audit) drawn up by the relevant notified body in accordance with Paragraphs 63 and 64 of this Regulation;

72.1 3.4. the technical documentation appended to the certificate of verification which contains the information that is necessary in order to assess the conformity of the subsystem with the national requirements;

72.1 4. certificates of conformity assessment issued in accordance with the laws and regulations applied to the subsystem in the fields not directly applied to the railway system;

72.1 5. the assessor's report on the Common Safety Methods (CSM) on risk assessment if in accordance with the Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009 safe inclusion of the subsystem in the safety management system of the user is necessary.

[5 January 2016]

72.2 If a modification other than replacement in relation to the maintenance is carried out in the subsystem for which the declaration of verification has been prepared, and the manufacturer or contracting entity which is introducing such modifications proves that the modification does not affect those main characteristics of the construction of the subsystem which are significant in order to ensure the conformity of the basic parameters of the subsystem with the requirements, the manufacturer or contracting entity shall renew references to the documents which are included in the technical documentation appended to the declaration of verification. A new declaration of verification shall not be prepared.

[5 January 2016]

72.3 If a modification other than replacement in relation to the maintenance is carried out in the subsystem for which the declaration of verification has been prepared, and the manufacturer or contracting entity which is introducing such modifications indicates that the modification affects those main constructive characteristics of the subsystem which are significant in order to ensure the conformity of the basic parameters of the subsystem with the requirements:

72.3 1. the manufacturer, contracting entity, or authorised representative thereof shall prepare complementary declaration of verification by referring to particular basic parameters;

72.3 2. the complementary declaration of verification shall be accompanied by the list of those initial technical documents accompanying the original declaration of verification that are no more valid;

72.3 3. the statement that modifications affect only the relevant basic parameters shall be included in the appended technical documentation;

72.3 4. the requirements of Chapter VIII of this Regulation in respect of verification of subsystems shall be applied to the complementary declaration of verification of subsystems;

72.3 5. the original declaration of verification shall remain in force in respect of basic parameters which are not affected by this modification.

[5 January 2016]

72.4 If additional verification of a parameter is necessary for placing into service, the declaration of verification of the subsystem may be complemented after additional verification by covering only the scope of the additional verification.

[5 January 2016]

73. Documentation shall be drawn up and correspondence in relation to the verification procedure shall be performed in the language of the European Union Member State where the manufacturer or contracting entity has been established, or in the language accepted by such manufacturer or contracting entity.

74. If it is permitted by the relevant technical specifications for interoperability, the notified body may issue verification statements or certificates of conformity for series of subsystems or parts of such subsystems. If a certificate of verification is issued to certain parts of subsystem, the provisions of this Chapter, in so far as they are applicable in respect to subsystem verification, shall also be applied in respect to verification of parts of subsystems.

[5 January 2016]

75. The notified body shall regularly publish on the website thereof information regarding:

75.1. the applications for verification and intermediate verification received;

75.2. the intermediate statements of verification issued;

75.3. the refusals to issue an intermediate statement of verification;

75.4. the certificates of verification issued;

75.5. the refusals to issue a certificate of verification;

75.6. the refusals to issue a certificate of conformity;

75.7. the requests received for assessment of conformity or suitability for use of interoperability constituents;

75.8. the certificates of conformity issued.

[19 October 2011]

76. A user shall keep the declaration of verification and technical documentation throughout the service life of the subsystem. It shall be presented upon the request of the supervisory authority.

IX. Decision on Application of Technical Specifications for Interoperability to a Certain Project

77. At least one month prior to commencement of the planned construction, renewal or upgrading of a subsystem, the manufacturer, contracting entity or authorised person thereof shall submit the documentation of the technical order of the planned construction, renewal or upgrading project of the subsystem to the State Railway Technical Inspectorate.

78. The State Railway Technical Inspectorate shall examine the documentation of the technical order of the construction, renewal or upgrading project of the subsystem and, taking into account the conditions for the implementation of the requirements specified in the relevant technical specification for interoperability, shall take a decision on conditions for acceptance of the subsystem for operation, specifying therein the technical specifications for interoperability or parts thereof applicable for construction, renewal or upgrading of the particular subsystem. If the intended renewal or upgrading does not affect general safety level of the relevant subsystem, the State Railway Technical Inspectorate shall take a decision not to examine repeated acceptance for operation of the subsystem.

79. The manufacturer and contracting entity shall observe the decision referred to in Paragraph 78 of this Regulation in performing the construction, renewal or upgrading of the particular subsystem.

80. In taking the decision referred to in Paragraph 78 of this Regulation, the State Railway Technical Inspectorate shall take a decision not to apply the requirements of Chapters VIII and X of this Regulation:

80.1. for subsystems, the construction or upgrading of which has been initiated prior to coming into force of the technical specifications for interoperability, as well as for any subsystem, which is at an advanced stage of development on the day of coming into force of the technical specification for interoperability or to which the contract that is already in the course of performance is applicable;

80.2. for projects which intend renewal or upgrading of an existing subsystem, if the infrastructure parameters (the loading gauge, the track gauge, space between the tracks or electrification voltage) in the relevant technical specifications for interoperability are not compatible with the parameters of the existing subsystem;

80.3. for projects, which intend renewal, extension or upgrading of an existing subsystem, if the application of the corresponding technical specifications for interoperability would compromise the economic viability of the project or compatibility of the existing railway system;

80.4. where, following an accident or a natural disaster, the conditions for the restoration of the network do not economically or technically allow for partial or total application of the relevant technical specifications for interoperability;

80.5. for the rolling stock intended for the rail network of 1520 millimetre track gauge, which is used or is intended to be used for carriages to and from third countries.

81. After receipt of the documentation of the technical order of the project the State Railway Technical Inspectorate shall compile and send the following information to the Ministry of Transport regarding each case complying with the criteria referred to in Paragraph 80 of this Regulation:

81.1. a description of the work, goods and services subject to the derogation. The key dates, the geographical location and the operational and technical area shall be specified in the description;

81.2. a precise reference to the technical specifications for interoperability (or their parts) for which a derogation is requested;

81.3. a precise reference to and details of the alternative provisions and technical parameters which will be applied;

81.4. justification that the project is in the advanced stage of development, if the project complies with the criteria referred to in Sub-paragraph 80.1 of this Regulation;

81.5. justification of the derogation, in which the reasons of a technical, economic, commercial, operational and administrative nature shall be indicated;

81.6. any other documents (if any) justifying the request for a derogation;

81.7. a description of the measures that are intended to be taken in order to promote the final interoperability of the project. In the case of a minor derogation, this description is not required.

82. The Ministry of Transport shall send the information referred to in Paragraph 81 of this Regulation to the European Commission.

83. If the project complies with the criteria referred to in Sub-paragraph 80.1 or 80.4 of this Regulation, the State Railway Technical Inspectorate shall take a decision not to apply the requirements of Chapters VIII and X of this Regulation to the particular project before receipt of a reply from the European Commission. After receipt of a reply of the European Commission (if any has been received) the State Railway Technical Inspectorate shall send a decision on additional conditions for the particular project arising from the recommendations prepared by the European Commission regarding application of the technical specifications for interoperability to the manufacturer, contracting entity or an authorised person thereof. The manufacturer, contracting entity or an authorised person thereof shall act in conformity with the information specified in Paragraph 81 of this Regulation, taking into account the decision of the State Railway Technical Inspectorate on additional conditions for the particular project (if any has been received).

84. If the project complies with the criteria referred to in Sub-paragraph 80.2, 80.3 or 80.5 of this Regulation, the State Railway Technical Inspectorate shall take the final decision on non-application of the requirements of Chapters VIII and X of this Regulation to the particular project only after receipt of affirmatory reply from the European Commission. If the reply is not received within six months after the request referred to in Paragraph 82 of this Regulation has been submitted to the European Commission, the relevant request shall be considered as approved.

85. The State Railway Technical Inspectorate shall take the decision referred to in Paragraph 78 of this Regulation in accordance with the procedures specified by the Administrative Procedure Law. The time period for issue of the decision may be extended by four months from the day of receipt of all documentation of the technical order of the project. The decision shall include the following:

85.1. the necessity to place a renewed or upgraded subsystem in service in the trans-European rail system;

85.2. the technical specifications for interoperability or parts thereof which are applied for a particular project;

85.3. the regulatory documents to be applied instead of the technical specifications for interoperability, if there are no technical specifications for interoperability or derogations are applied in the cases provided for in this Regulation; and

85.4. if necessary, the information regarding suspension of the final decision until co-ordination with the European Commission in accordance with the procedures laid down in Paragraph 84 of this Regulation.

X. Placing of Subsystems in Service in the Trans-European Rail System and Monitoring Thereof

86. It is allowed to operate a structural subsystem in the trans-European rail system only after placing in service thereof in accordance with the procedures laid down in this Chapter.

87. The rolling stock shall be accepted for service in accordance with the procedures laid down in the laws and regulations regarding the construction, upgrading, renewal repair, conformity assessment and acceptance for service of the rolling stock.

88. In order to put a structural subsystem, except the rolling stock, into service, the manufacturer, contracting entity or an authorised person thereof shall submit the following documents to the State Railway Technical Inspectorate:

88.1. a declaration of verification and technical documentation of the subsystem in which statements regarding compatibility of the subsystem with the track gauge of 1520 mm are included;

88.2. if the laws and regulations regarding railway construction standards are also applied to the subsystem or part thereof - documentation confirming the conformity with the requirements of these laws and regulations; and

88.3. information regarding the procedures, which will ensure the use, servicing and maintenance of the subsystem in order in accordance with the essential requirements.

89. The State Railway Technical Inspectorate shall, prior to placing in service of the subsystem, check:

89.1. the submitted documentation;

89.2.safe inclusion of the subsystem in the user safety management system in accordance with the Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009;

89.3. technical compatibility of the subsystem with the system into which it is being integrated;

89.4. how the provisions of the technical specifications for interoperability regarding operation and maintenance of the subsystems are observed.

[16 December 2014; new wording of Sub-paragraph 89.2 shall come into force on 21 May 2015. See Paragraph 2 of the Amendments]

90. The State Railway Technical Inspectorate shall not prohibit, limit or prevent establishment, placing in service and use of structural subsystems, if they comply with the essential requirements and the results of the check referred to in Paragraph 89 of this Regulation attest the conformity of the structural subsystem with the requirements of this Regulation.

91. The State Railway Technical Inspectorate shall not request checks which have been already performed:

91.1. in relation to the acquisition of the declaration of verification in accordance with the procedures laid down in Chapter VIII of this Regulation;

91.2. in other European Union Member States, if the conformity with identical requirements in identical conditions of operation has been checked.

92. The State Railway Technical Inspectorate is entitled to receive information at any time from the notified body regarding:

92.1. the applications for verification received;

92.2. intermediate statements of verification issued;

92.3. refusals to issue an intermediate statement of verification;

92.4. the certificates of conformity issued; and

92.5. the refusals to issue a certificate of conformity.

93. If the subsystem complies with the requirements specified in this Regulation, the State Railway Technical Inspectorate shall take a decision on placing of the subsystem in service in the trans-European rail system.

94. The State Railway Technical Inspectorate shall publish the information regarding placing of the subsystem in service in the trans-European rail system on the website thereof (www.vdzti.gov.lv).

95. After placing of the subsystems in service the monitoring of operation thereof shall be performed by the State Railway Technical Inspectorate in conformity with the competence thereof, monitoring the user safety management systems of the subsystems within the framework of the safety certificate or safety approval. The State Railway Technical Inspectorate shall use the assessment and examination procedures specified in laws and regulations, as well as in the relevant structural and functional technical specifications for interoperability.

96. If, in performing the control and monitoring of the technical operation of the railway in conformity with the requirements of the Railway Law, the State Railway Technical Inspectorate determines during the operation of the subsystem that the structural subsystem included in the declaration of verification to which technical documentation has been appended fails to comply with the requirements of this Regulation and the subsystem fails to comply with the essential requirements, it shall prohibit the operation of the subsystem and require to carry out additional checks.

97. In the case referred to in Paragraph 96 of this Regulation the State Railway Technical Inspectorate shall immediately inform the Ministry of Transport regarding all requested additional checks, substantiating the reasons of its actions. The State Railway Technical Inspectorate shall specify whether the non-conformity with the requirements of this Regulation is caused by non-observance of the essential requirements or any technical specification for interoperability, or the technical specification for interoperability fails to comply with the essential requirements.

98. The Ministry of Transport shall notify the European Commission regarding the determined cases of non-conformity and the measures taken in order to turn against the European Union Member State where a person, who has prepared a declaration of verification, has been established and to require that Member State takes the relevant measures.

XI. Closing Provision

99. Cabinet Regulation No. 769 of 13 November 2007, Regulations Regarding the Interoperability of Trans-European Rail Systems (Latvijas Vēstnesis, 2007, No. 191; 2009, No. 26) is repealed.

Informative Reference to the European Union Directives

[19 October 2011; 29 October 2013; 16 December 2014; 5 January 2016]

This Regulation transposes:

1) Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community;

2) Commission Directive 2011/18/EU of 1 March 2011 amending Annexes II, V and VI to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community;

3) Commission Directive 2013/9/EU of 11 March 2013 amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community.

4) Commission Directive 2014/38/EU of 10 March 2014 amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council as far as noise pollution is concerned;

5) Commission Directive 2014/106/EU of 5 December 2014 amending Annexes V and VI to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community.

Prime Minister,
acting for the Minister for Regional Development
and Local Government V. Dombrovskis

Minister for Transport U. Augulis

 

Annex
Cabinet Regulation No. 1210
28 December 2010

Essential Requirements

[29 October 2013; 16 December 2014 new wording of Sub-paragraph 1.4.4 shall come into force from 1 January 2015]

1. General requirements:

1.1. safety:

1.1.1. safety-critical components (particularly the components that impact train movements) shall be designed, constructed or assembled, as well as maintenance and monitoring shall be performed so as to guarantee safety at the level corresponding to the aims laid down for the network, including those for specific degraded situations;

1.1.2. wheel/rail contact parameters shall comply with the stability requirements required in order to guarantee safe movement at maximum authorised speed. Parameters of the breaking devices shall ensure the possibility to stop within the relevant breaking distance, by moving at maximum authorised speed;

1.1.3. the components used shall withstand any normal or exceptional loads that have been specified during their period in service. The safety repercussions of any accidental failures must be limited by appropriate means;

1.1.4. in designing fixed installations and rolling stock, as well as choosing the materials used, a possibility shall be provided at limiting the generation, propagation, as well as effects of fire and smoke in the event of a fire;

1.1.5. any devices intended to be handled by users shall be so designed as not to impair the safe operation of the devices or the health and safety of users if used foreseeably in a manner not in accordance with the posted instructions;

1.2. reliability and availability. If fixed or movable components impact train movements, the monitoring and maintenance thereof shall be organised, carried out and quantified in such a manner as to maintain the operation of the relevant components under the intended conditions;

1.3. health protection:

1.3.1. materials likely to constitute a health hazard to persons having access to them shall not be used in the rolling stock and railway infrastructure;

1.3.2. materials for the rolling stock and railway infrastructure shall be selected, deployed and used in such a way as to restrict the emission of harmful and dangerous fumes or gases, for example, in the event of fire;

1.4. environmental protection:

1.4.1. in designing the system, the environmental impact of the establishment and operation of the trans-European rail system shall be assessed and taken into account;

1.4.2. the materials, which prevent the emission of fumes or gases which are harmful and dangerous to the environment, for example, in the event of fire, shall be used in the rolling stock and infrastructure;

1.4.3. in designing and manufacturing of the rolling stock and energy-supply systems it shall be ensured that they are electromagnetically compatible with the installations, equipment and public or private networks in order not to cause mutual interference;

1.4.4. the rail system shall be designed and used so as not to cause inadmissible level of noise in the vicinity of railway infrastructure and in the driving cab of the train;

1.4.5. operation of the trans-European rail system shall not give rise to an inadmissible level of ground vibrations for the areas close to the tracks, which may interfere with the performance of other activities, in a normal state of maintenance;

1.5. technical compatibility:

1.5.1. technical characteristics of the infrastructure and fixed installations shall be compatible with each other, as well as with the rolling stock to be used on the trans-European rail system;

1.5.2. if conformity with these characteristics proves difficult on certain sections of the network, temporary solutions, which ensure compatibility in the future, may be implemented;

1.6. accessibility:

1.6.1. ensures that the "infrastructure" and "rolling stock" subsystems are accessible to persons with disabilities and persons with reduced mobility in order to ensure access on an equal basis with others by way of the prevention or removal of barriers, and by way of other appropriate measures. This shall include the design, construction, renewal, upgrade, maintenance and operation of the relevant parts of the subsystems to which the public has access;

1.6.2. the "operations" and "telematics applications for passengers" subsystems must provide for the necessary functionality required to facilitate access to persons with disabilities and persons with reduced mobility on an equal basis with others by way of the prevention or removal of barriers, and by way of other appropriate measures.

2. Requirements specific to each subsystem:

2.1. infrastructure:

2.1.1. safety:

2.1.1.1. measures shall be taken to prevent access to or undesirable intrusions into installations;

2.1.1.2. measures shall be taken to limit the dangers to which persons are exposed, for example, when trains pass through stations;

2.1.1.3. publicly available infrastructure objects shall be designed and made in such a way as to limit any human safety hazards (for example, stability, fire, access, evacuation, platforms);

2.1.1.4. particular safety conditions shall be provided for movement in very long tunnels and viaducts;

2.1.2. accessibility. Steps shall be taken in order for infrastructure subsystems to be accessible to persons with disabilities and persons with reduced mobility insofar as they are publicly accessible in accordance with Sub-paragraph 1.6 of this Annex;

2.2. energy supply:

2.2.1. safety. Operation of the energy-supply systems shall not impair the safety either of rolling stock or of persons (users, operating staff, trackside dwellers and third parties);

2.2.2. environmental protection. The functioning of the electrical or thermal energy-supply systems shall not interfere with the environment beyond the specified limits;

2.2.3. technical compatibility:

2.2.3.1. the electricity and thermal energy supply systems used shall enable the traction rolling stock to achieve the specified performance levels;

2.2.3.2. the compatibility of the electricity energy supply systems shall be ensured with the collection devices fitted to the traction rolling stock;

2.3. ensuring train control and signalling:

2.3.1. safety:

2.3.1.1. the control-command and signalling installations and procedures used shall enable trains to travel with a level of safety which corresponds to the objectives set for the network;

2.3.1.2. the control-command and signalling systems shall ensure the safe passage of trains permitted to run under degraded conditions;

2.3.2. technical compatibility:

2.3.2.1. all new infrastructure objects and new rolling stock manufactured or developed after adoption of compatible control-command and signalling systems shall be suitable for this system;

2.3.2.2. the control-command and signalling equipment installed in the traction equipment shall ensure normal operation, under the specified conditions, throughout the trans-European rail system;

2.4. operation and traffic management:

2.4.1. safety:

2.4.1.1. alignment of the rail network operating rules and the qualifications of train drivers and on-board staff and of the staff in the train management control centres shall ensure safe operation of the subsystem, bearing in mind the different requirements of cross-border and domestic services;

2.4.1.2. the maintenance operations and intervals thereof, the training and qualifications of the maintenance and control centre staff, as well as the quality assurance system set up by the relevant commercial entities concerned in the control and maintenance centres shall ensure a high level of safety;

2.4.2. reliability and availability. The maintenance operations and periods thereof, the training and qualifications of the maintenance and control centre staff, as well as the quality assurance system set up by the relevant commercial entities in the control and maintenance centres shall ensure a high level of system reliability and availability;

2.4.3. technical compatibility. Alignment of the rail network operating rules and the qualifications of train drivers, on-board staff and of the staff in the train management control centres shall ensure operating efficiency on the trans-European rail system, bearing in mind the different requirements of cross-border and domestic services;

2.4.4. accessibility. Appropriate steps must be taken to ensure that operating rules provide for the necessary functionality required to ensure accessibility for persons with disabilities and persons with reduced mobility to the respective infrastructures and the rolling stock;

2.5. rolling stock:

2.5.1. safety:

2.5.1.1. the structure of the rolling stock and its couplings shall be designed in such a way as to protect the passenger and train driver's compartments in the event of collision of the rolling stock or derailment of the rolling stock;

2.5.1.2. the electrical equipment shall not impair the safety and functioning of the control-command and signalling installations;

2.5.1.3. braking methods and braking loads created shall be compatible with the design of the track, engineering structures, energy supply and signalling systems;

2.5.1.4. measures shall be taken to prevent access to electrically-live constituents in order to prevent endangering the safety of persons;

2.5.1.5. the passenger rolling stock shall be equipped with communication devices, which in the event of danger enable passengers to call the train driver and accompanying staff;

2.5.1.6. the doors shall be equipped with release and closure controls that guarantees passenger safety;

2.5.1.7. the passenger rolling stock has emergency exits with the relevant indication;

2.5.1.8. particular safety conditions shall be provided for movement in very long tunnels and viaducts;

2.5.1.9. an emergency lighting system of sufficient intensity and duration shall be provided for the passenger rolling stock;

2.5.1.10. the passenger rolling stock shall be equipped with a speaker system that provides a means of communication to the public from on-board staff;

2.5.2. reliability and availability. The design of the vital equipment, of the running, traction and braking equipment, as well as of the control-command system shall enable continuous train movement in a specific degraded situation, without adverse effect for the equipment remaining in service;

2.5.3. technical compatibility:

2.5.3.1. the compatibility of the electrical equipment with the operation of the control-command and signalling installations shall be ensured;

2.5.3.2. in the case of electric traction, the characteristics of the current-collection devices shall ensure the movement of trains under the energy-supply systems for the trans-European rail system;

2.5.3.3. the characteristics of the rolling stock shall be such as to allow it to travel on any line on which it is expected to operate the relevant rolling stock;

2.5.4. control. The traction equipment shall be equipped with a registration device and shall ensure the harmonisation of the data obtained and information processing;

2.5.5. accessibility. Steps shall be taken in order for rolling stock subsystems to be accessible to persons with disabilities and persons with reduced mobility insofar as they are publicly accessible in accordance with Sub-paragraph 1.6 of this Annex;

2.6. telematics applications for freight and passengers:

2.6.1. technical compatibility:

2.6.1.1. as regards telematics applications, at least specified quality level of services shall be ensured for passengers and freight service providers;

2.6.1.2. the databases, software and data communication protocols shall be developed to ensure maximum data interchange between different applications and operators (excluding confidential commercial data), as well as user-friendly access to the information;

2.6.2. reliability and availability. The methods of use, management, updating and maintenance of the databases, software and data communication protocols shall guarantee the efficiency of these systems and the quality of the services;

2.6.3. health protection. The interfaces between telematics systems and users shall comply with the minimum requirements on ergonomics and health protection;

2.6.4. safety. The appropriate requirements of integrity and dependability shall be observed for the storage and transmission of safety-related information;

2.6.5. accessibility. Appropriate steps must be taken to ensure that telematics applications for passengers subsystems provide for the necessary functionality required to ensure accessibility for persons with disabilities and persons with reduced mobility to the respective infrastructures and the rolling stock;

2.7. maintenance:

2.7.1. health protection and safety. The technical installations and the procedures used in the maintenance centres shall ensure the safe operation of the subsystem and not constitute a danger to health and safety;

2.7.2. environmental protection. The technical installations and the procedures used in the maintenance centres shall not exceed the permissible levels of nuisance with regard to the surrounding environment;

2.7.3. technical compatibility. The maintenance installations for rolling stock shall be such as to enable safety, health and comfort operations to be carried out on all the stock for which they have been designed.

Minister for Transport U. Augulis

 


Translation © 2017 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Noteikumi par Eiropas dzelzceļa sistēmu savstarpēju izmantojamību Status:
No longer in force
no longer in force
Issuer: Cabinet of Ministers Type: regulation Document number: 1210Adoption: 28.12.2010.Entry into force: 06.01.2011.End of validity: 16.06.2020.Publication: Latvijas Vēstnesis, 2, 05.01.2011.
Language:
LVEN
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