Decree No. 19 / 2022 Coll.
Decree amending Decree No 352 / 2004 Coll., on the operational and technical interconnection of the European rail system, as amended
Valid
Order
Effective from 01.02.2022
Text versions:
01.02.2022
28.01.2022
19
DECLARATION
of 24 January 2022
amending Decree No 352 / 2004 Coll., on the operational and technical interconnection of the European rail system, as amended
According to Article 66 (1) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 426 / 2021 Coll., ("the Act '), the Ministry of Transport provides for the implementation of Sections 49a (2) and (3), Article 49o (9) and Article 49p (7) of the Act:
Decree No 352 / 2004 Coll., on the operational and technical interconnection of the European rail system, as amended by Decree No 377 / 2006 Coll., Decree No 326 / 2011 Coll. and Decree No 2 / 2014 Coll., is amended as follows:
1. In the title of the Decree, the words "European rail system 'are replaced by the words" railway and railway vehicles'.
2. In the introductory sentence, "§ 3a (1), § 49a (4) and § 49d (1) 'is replaced by" § 49a (2) and (3), § 49o (9) and § 49p (7)'.
3. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for:
(a) the breakdowns and parts of the runways covered by their technical and operational interconnection requirements in the European Union;
(b) the breakdown of railway vehicles subject to technical and operational interconnection requirements within the European Union;
(c) essential requirements for interoperability constituents, subsystems, runways and railway vehicles;
(d) the procedure of the notified body or designated body for EC verification; and
(e) the content of the technical documentation attached to the EC declaration of verification.
1) Directive (EU) 2016 / 797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system in the European Union. '.
4. The heading of Part Two reads:
"MEMBERS AND PARTS OF DRAGES AND ASSOCIATED VEHICLES TO WHICH THEIR TECHNICAL AND OPERATIONAL CONNECTION REQUIREMENTS ARE RELATING IN EUROPEAN UNION '.
Article 5 (2) and (3), including the headings, read:
Breakdowns and sections of runways subject to technical and operational interconnection requirements in the European Union
(1) Railways covered by the requirements for their technical and operational interconnection in the European Union shall be broken down into runways.
(a) built for the operation of railway vehicles with a speed of at least 250 km / h;
(b) upgraded for the operation of railway vehicles at a speed of at least 200 km / h;
(c) upgraded for the operation of groove vehicles at speeds of at least 200 km / h, where the operation of groove vehicles in certain sections is below 200 km / h due to field, urban or geographical constraints, including runways
1. connecting the paths referred to in (a) or (b) to the other runways;
2. in stations and stops; and
3. providing access to freight terminals;
(d) intended for the operation of railway vehicles up to 200 km / h for passenger transport;
(e) intended for the operation of railway vehicles up to 200 km / h for freight;
(f) intended for the operation of railway vehicles up to 200 km / h for passenger and freight transport;
(g) at stations and stops and ensuring access to freight terminals at which the operation of railway vehicles is below 200 km / h; and
(h) connecting the routes referred to in points (d) to (f), or connecting them to stations, passenger stops or freight terminals.
(2) Railway stations and stops, freight terminals, including transports between modes of transport, rail traffic control systems, track-side tracking systems and navigation systems, technical data-processing equipment and technical equipment for telecommunications intended for remote passenger and freight transport are parts of the runways covered by their technical and operational interconnection requirements in the European Union.
Breakdown of railway vehicles subject to technical and operational interconnection requirements in the European Union
Railway vehicles subject to technical and operational interconnection requirements in the European Union shall be subdivided into:
(a) electric or power-driven railway vehicles;
(b) passenger cars;
(c) freight wagons, including low-floor wagons and road vehicles; and
(d) special vehicles designed for the maintenance, repair and reconstruction of the runway or for the control of track status and for the removal of the consequences of incidents. ';
(6) Sections 4 to 7 shall be deleted, including the headings.
7. The heading of Part Three reads:
"ESSENTIAL REQUIREMENTS FOR INTEROPERABILITY, SUBSYSTEM, SPECIES AND VEHICLES '.
8. In § 8 (4), § 10 (1) and (2), § 11 (2) and (5), § 12 (1), § 13 (2), § 16 (3), § 17 (2), (4), (8) and (9), § 18 (2), (3) and (5), and § 19 (3), the word "railway" shall be replaced by "railway."
9. In Article 11 (1), the words "the introduction and operation of the European rail system 'are replaced by the words" the operation of railways and railway vehicles'.
10. In Paragraph 11 (4), the words "operation of the European rail system 'are replaced by the words" operation of railways and railway vehicles'.
11. in Article 11 (6), the words "the European rail system may not be replaced under the proper maintenance conditions of infrastructure and rolling stock" shall be replaced by the words "tracks and railway vehicles may not be under the proper maintenance conditions."
12. in Article 12 (1), the words "to be used in the European Railway System" shall be replaced by the words "to be operated on this track."
13. in Articles 12 (2) and 16 (1) and (3), the words "European rail system" shall be replaced by the words "railway and railway vehicles."
14. in Articles 12a (1) and (2) and 15 (2), the word "rail" shall be replaced by "railway."
15. in Article 14 (3), the word "rail" is replaced by the word "rail."
16. in Article 15 (1), the words "European Railway System (ERTMS)" are replaced by the words "the runway."
17. in Articles 15 (3), 16 (1), 17 (5) and 18 (1), the word "rail" shall be replaced by "railway."
18. In Article 15 (3), the words "throughout the European railway system 'are replaced by the words" on the national, regional and selected railway lines of other Member States'.
19. The heading above § 17 reads: "Railway vehicles."
20. In Paragraph 17 (1), the word "rolling stock 'is replaced by the word" Railway'.
21. in Articles 17 (7) and 18 (3), the word "rail" shall be replaced by "groove."
22. in Paragraph 18 (2), the word "rail" shall be replaced by "rail."
23. Paragraph 18 (6) is deleted.
24. In the title of Section 20, the words "European rail system 'are deleted.
25. The heading of Part Four reads:
"PROCEDURE FOR EC VERIFICATION OF THE SUBSYSTEM '.
26. Paragraph 21, including the title and footnote 19, reads as follows:
EC verification procedure of notified body
(1) Where an interim opinion has been delivered, it is taken into account by the notified body in the EC verification of the subsystem and before the EC certificate is issued
(a) verify that the interim opinion complies with the technical specifications for interoperability;
(b) assess aspects which have not been taken into account in the verification prior to the issue of an interim opinion; and
(c) assess the conduct of the final testing of the subsystem as a whole.
(2) The EC certificate issued by a notified body must contain a reference to the technical specifications for interoperability with which conformity has been assessed in accordance with the directly applicable European Union19). Where compliance with all relevant technical specifications for interoperability has not been assessed, the notified body shall indicate in the EC certificate a reference to the technical specification for interoperability or part thereof which has not been used.
(3) In the case of upgrading or renewal of a subsystem for which an EC certificate has already been issued, the notified body shall assess only:
(a) parts of the upgrading or renewal subsystem concerned; and
(b) the interface of the parts referred to in point (a) with the parts of the modernization subsystem or of the unaffected ones.
(4) The notified body shall carry out regular and random checks on the construction site, on the premises intended for production and storage or on the premises intended for testing in the EC verification. The notified body shall request from the manufacturer or his authorised representative the documents necessary to carry out the inspection.
(5) Where such a requirement arises from the technical specification for interoperability for a subsystem containing an interoperability constituent, the notified body shall evaluate its suitability for use for the intended purpose. When checking EC verification, the notified body shall assess compliance with the requirements set out in the relevant technical specifications for interoperability. The notified body shall establish:
(a) a report on the control carried out by the manufacturer or his authorised representative; and
(b) a record showing the EC verification activity carried out by it.
(6) Where the notified body verifies compliance only with parts of the subsystem with the technical specification for interoperability, paragraphs 1 to 5 shall apply mutatis mutandis.
19) Commission Implementing Regulation (EU) 2019 / 250 of 12 February 2019 on the models of the EC declaration and certificates for interoperability constituents and subsystems, the model declaration of conformity with the authorised type of railway vehicle and the EC verification procedures for subsystems in accordance with Directive (EU) 2016 / 797 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 201 / 2011, as amended. ';
27. The following Sections 21a and 21b are inserted after Section 21, including the headings and footnotes No 20 and 21:
Procedure of the designated body for EC verification
(1) A national certificate issued by a designated body must contain a reference to implementing legislation with which conformity has been assessed in accordance with the directly applicable European Union19).
(2) In the case of the application of the implementing legislation to subsystems forming a railway vehicle, the designated body shall divide the national certificate into:
(a) the part containing references to the requirements laid down in this Regulation relating solely to the technical compatibility of the track-side contact vehicle; and
(b) the part concerning the other requirements laid down in this Regulation.
Content of the technical documentation accompanying the EC declaration of verification
The technical documentation attached to the EC declaration of verification shall include:
(a) a description of the technical characteristics of the subsystem design to the extent necessary to substantiate the EC verification of the subsystem, in particular the general and detailed drawings corresponding to the design of the subsystem, drawings of the electrical, hydraulic, fuel, cooling and pressurised air circuits, drawings of control circuits, description of data processing and automatic systems, operational and maintenance manuals;
(b) the list of interoperability constituents included in the subsystem;
(c) copies of the EC declaration of conformity or suitability for use of interoperability constituents and copies of the test reports and tests carried out by notified bodies on the basis of the general European ICT specifications (20);
(d) the EC certificate issued by the notified body, including the relevant calculations and reports of checks carried out by notified bodies;
(e) the interim opinion, if issued, and the results of its verification by the notified body;
(f) a safety assessment report pursuant to the directly applicable European Union Regulation amending the common safety method for risk assessment and assessment (21);
(g) documentation accompanying the national certificate issued by the designated body, containing technical data relating to the assessment of the conformity of the subsystem with national requirements; and
(h) other certificates issued under European Union legislation, if they have been issued.
20) Article 13 and 14 of Regulation (EU) No 1025 / 2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89 / 686 / EEC and 93 / 15 / EEC and Directives 94 / 9 / EC, 94 / 25 / EC, 95 / 16 / EC, 97 / 23 / EC, 98 / 34 / EC, 2004 / 22 / EC, 2007 / 23 / EC, 2009 / 23 / EC and 2009 / 105 / EC of the European Parliament and of the Council and repealing Council Decision 87 / 95 / EEC and Decision No 1673 / 2006 / EC of the European Parliament and of the Council, as amended.
21) Commission Implementing Regulation (EU) No 402 / 2013 of 30 April 2013 on the common safety method for risk assessment and assessment and repealing Regulation (EC) No 352 / 2009, as amended. ';
28. The heading of Part Five reads:
"FINAL PROVISIONS '.
29. Article 22, including footnotes 13, 14, 15, 17 and 18, shall be deleted.
30. the Annex is deleted.
Efficacy
This decree shall take effect on 1 February 2022.
Minister:
Kupka v. r.
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Regulation Information
| Citation | Decree No 19 / 2022 Coll., amending Decree No 352 / 2004 Coll., on the operational and technical interconnection of the European rail system, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.01.2022 |
|---|---|
| Effective from | 01.02.2022 |
| Effective until | - |
| Status | Valid |
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