Decree No. 326 / 2011 Coll.

Decree amending Decree No 352 / 2004 Coll., on the operational and technical interconnection of the European rail system, as amended by Decree No 377 / 2006 Coll.

Valid Effective from 26.11.2011
326
DECLARATION
of 3 November 2011
amending Decree No 352 / 2004 Coll., on the operational and technical interconnection of the European rail system, as amended by Decree No 377 / 2006 Coll.
The Ministry of Transport provides for the Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll., Act No. 103 / 2004 Coll., Act No. 181 / 2006 Coll., Act No. 191 / 2006 Coll. and Act No. 134 / 2011 Coll.:
Čl. I
Decree No 352 / 2004 Coll., on the operational and technical interconnection of the European rail system, as amended by Decree No 377 / 2006 Coll., is amended as follows:
1. In Article 1, the words "This decree in accordance with the law of the European Community1) sets out the technical requirements for the elements and components of the European rail system 'are replaced by the words" This decree implements the relevant European Union1) and lays down technical requirements for interoperability components'.
Footnote 1:
"(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. Commission Directive 2009 / 131 / EC of 16 October 2009 amending Annex VII to Directive 2008 / 57 / EC of the European Parliament and of the Council on the interoperability of the rail system within the Community. 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. '.
2. In Section 1, the words "railway and rolling stock 'are inserted after the word" subsystems'.
3. In Paragraph 1, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2)" rolling stock "means, for the purposes of this decree, a railway vehicle capable of operating on the tracks of the European rail system."
4. In the heading of Part Two, the words "OPERATING AND TECHNICAL CONVENTIONS 'are replaced by the words" INTEROPERABILITY AND SUBSYSTEMS OF THE EUROPEAN RAILWAY SYSTEM'.
5. In Part Two, Titles I and II, including the headings, are deleted.
(6) Sections 2 and 3, including the headings and footnotes No 15, read:
„§ 2
Railways and rolling stock of the conventional rail system
(1) The tracks of the conventional rail system consist of the following types of runways and structural components:
(a) passenger rail;
(b) tracks intended for freight transport;
(c) runways intended for mixed transport (passenger and freight);
(d) passenger transport stations and terminals;
(e) freight terminals, including transports between modes of transport; and
(f) runways connecting the above types of runways to each other and runways connecting the above types of runways to stations and passenger and freight terminals.
(2) The conventional rail vehicle fleet comprises rolling stock which is capable of operating on the conventional rail tracks, in particular:
(a) self-propelled motor or electric wagons and units;
(b) motor or electric locomotives;
(c) special vehicles, designed for the maintenance, repair and reconstruction of the runway or for the control of the status of the runway and for the removal of the consequences of incidents;
(d) passenger transport vehicles; and
(e) freight wagons including rolling stock intended for the transport of road vehicles.
(3) Each type of rolling stock referred to in paragraph 2 shall be subdivided into:
(a) rolling stock for international rail transport; and
(b) rolling stock for national rail transport.
§ 3
Railways and rolling stock of the high speed rail system
(1) The tracks of the high-speed rail system consist of:
(a) runways built for operation at a speed of at least 250 km / h;
(b) tracks upgraded for operations exceeding 200 km / h; and
(c) upgraded runways connected to the runways referred to in (a) and (b) at which the traffic is below 200 km / h, in particular for technical, operational and geographical reasons, including connecting lines between high-speed and conventional rail lines, through stations and access to terminals.
(2) The vehicle fleet of the high-speed rail system includes rolling stock
(a) with a speed exceeding 300 km / h, if they are designed to operate on the rails referred to in paragraph 1 (a);
(b) reaching a speed of at least 200 km / h on the tracks referred to in paragraph 1; and
(c) below 200 km / h if they meet the requirements of the relevant technical specifications of interoperability 15) for the safe operation of rolling stock in the high-speed rail system and operate on the tracks referred to in paragraph 1.
15) Commission Decision 2002 / 730 / EC of 30 May 2002 concerning the technical specification for interoperability relating to the "Maintenance" subsystem of the trans-European high-speed rail system referred to in Article 6 (1) of Directive 96 / 48 / EC. Commission Regulation (EC) No 794 / 2004 of 23 December 2004 on the technical specification for interoperability relating to the telematic applications subsystem for freight services of the European conventional rail system. Commission Decision 2006 / 679 / EC of 28 March 2006 concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system. Commission Decision 2006 / 860 / EC of 7 November 2006 concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high-speed rail system amending Annex A to Decision 2006 / 679 / EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system. Commission Decision 2006 / 861 / EC of 28 July 2006 concerning the technical specification for interoperability relating to the subsystem "rolling stock - freight wagons' of the trans-European conventional rail system. Commission Decision 2006 / 920 / EC of 11 August 2006 concerning the technical specification for interoperability relating to the subsystem" Operation and Traffic Management 'of the trans-European conventional rail system. Commission Decision 2008 / 163 / EC of 20 December 2007 concerning the technical specification for interoperability relating to the rail tunnel safety subsystem in the trans-European conventional and high-speed rail system. Commission Decision 2008 / 164 / EC of 21 December 2007 concerning the technical specification for interoperability relating to persons with reduced mobility in the trans-European conventional and high-speed rail system. Commission Decision 2008 / 217 / EC of 20 December 2007 concerning the technical specification for interoperability relating to the infrastructure subsystem of the trans-European high-speed rail system. Commission Decision 2008 / 231 / EC of 1 February 2008 concerning the technical specification for interoperability relating to the operation subsystem of the trans-European high-speed rail system adopted pursuant to Article 6 (1) of Council Directive 96 / 48 / EC repealing Commission Decision 2002 / 734 / EC of 30 May 2002. Commission Decision 2008 / 232 / EC of 21 February 2008 concerning the technical specification for interoperability relating to the subsystem "rolling stock' of the trans-European high-speed rail system. Commission Decision 2008 / 284 / EC of 6 March 2008 concerning the technical specification for interoperability relating to the energy subsystem of the trans-European high-speed rail system. Commission Decision 2008 / 386 / EC of 23 April 2008 amending Annex A to Decision 2006 / 679 / EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system and Annex A to Decision 2006 / 860 / EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European high-speed rail system. Commission Decision 2009 / 107 / EC of 23 January 2009 amending Decisions 2006 / 861 / EC and 2006 / 920 / EC concerning the technical specification for interoperability relating to the subsystems of the trans-European conventional rail system. Commission Decision 2009 / 561 / EC of 22 July 2009 amending Commission Decision 2006 / 679 / EC as regards the implementation of the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system. Commission Decision 2010 / 79 / EC of 19 October 2009 amending Decisions 2006 / 679 / EC and 2006 / 860 / EC as regards technical specifications for interoperability relating to the subsystems of the trans-European conventional rail system and the trans-European high-speed rail system. Commission Decision 2010 / 640 / EU of 21 October 2010 amending Decisions 2006 / 920 / EC and 2008 / 231 / EC concerning the technical specification for interoperability relating to the" Operation and Traffic Management 'subsystem of the trans-European conventional and high-speed rail system. Commission Decision 2010 / 691 / EU of 15 November 2010 granting the Czech Republic a derogation from the application of Decision 2006 / 679 / EC concerning the technical specification for interoperability relating to the control-command and signalling subsystem of the trans-European conventional rail system on the line Strančice - České Budějovice. Commission Decision 2011 / 229 / EU of 4 April 2011 concerning the technical specification for interoperability relating to the subsystem "rolling stock - noise' of the trans-European conventional rail system. Commission Decision 2011 / 274 / EU of 26 April 2011 concerning the technical specification for interoperability relating to the energy subsystem of the trans-European conventional rail system. Commission Decision 2011 / 275 / EU of 26 April 2011 concerning the technical specification for interoperability relating to the infrastructure subsystem of the trans-European conventional rail system. Commission Decision 2011 / 291 / EU of 26 April 2011 concerning the technical specification for interoperability relating to the subsystem rolling stock - locomotives and rolling stock for the carriage of persons of the trans-European conventional rail system. Commission Decision 2011 / 314 / EU of 12 May 2011 concerning the technical specification for interoperability relating to the subsystem" operation and traffic management 'of the trans-European conventional rail system. Commission Regulation (EU) No 454 / EU of 5 May 2011 concerning the technical specification for interoperability relating to the subsystem "telematics applications for passenger transport' of the trans-European rail system. '
7. In Section 4 (1), the introductory part of the clause reads: "Technical documentation of railway structures, technical conditions of the infrastructure technology equipment or technical conditions of rolling stock shall define the basic interoperability parameters. Unless otherwise specified in the Technical Specifications of Interoperation15), the basic parameters for achieving interoperability are: ';
8. Footnote 3, including references to it in Sections 4 (1) and 15 (1), is deleted.
9. In Article 4 (2), the word "elements' is replaced by the words" interoperability components';
10. in Paragraph 5 (1), the first sentence is deleted;
11. in Article 5 (2), the words "elements of railway and rolling stock on which the interoperability of the European rail system (" interoperability ") depends, directly or indirectly," shall be replaced by "interoperability components."
12. Paragraph 5 (3), including footnote 4, is deleted.
13. in Article 6 (1) (a) (3) and (4):
"3. en route control and signalling,
4. on-board control-command and signalling, ';
14. in Article 6 (1) (b), the following point 1 is inserted:
"1. the operation of the runway and the organisation of railway transport, ';
Points 1 and 2 shall become points 2 and 3.
15. in Article 6 (2), the words "Annex to this Decree" shall be replaced by the words "European Union provisions governing the technical specifications of interoperability (15)";
16. in Article 7 (1) (a), the word "artificial" shall be deleted;
17. in Article 7 (1) (b):
"(b) energy containing electrical power supply equipment, including overhead contact line and the track-side part of the power consumption measurement system, the conditions of the power supply systems and the supply of electricity and other energy,";
18. in Paragraph 7 (1), the word 'line' shall be inserted at the beginning of point (c) and the word 'stable' shall be inserted after the word 'all'.
19. in Article 7 (1) (d):
"(d) on-board control-command and signalling, i.e. all equipment on rolling stock necessary to ensure the safety, control and control of the movement of vehicles authorised to drive on track, ';
20. in Paragraph 7 (1) (e), the words "structure of the vehicle fleet" are replaced by the words "design arrangement."
21. In Paragraph 7 (1) (e), the words "power collectors," and the words "energy conversion," shall be inserted after the words "on-board equipment for measuring electricity consumption."
22. in Article 7 (2) (a), the words "operability" shall be inserted after the words "to ensure."
23. in Article 7 (2), the following point (a) is inserted:
"(a) the operation of the runway and the organisation of railway transport, consisting of two elements:
1. the procedures and equipment used to enable the continuous operation of the various structural subsystems, both during the proper and exceptional operation of the system, in particular in the planning, organisation and management of transport,
2. the competence of the railway operator and the competence of the railway operator; ';
Points (a) and (b) shall be renumbered points (b) and (c).
24. in Paragraph 8 (1), footnote 4 is replaced by footnote 15;
25. in Article 8 (2), the words "track circuits" are replaced by the words "safety equipment."
26. In Paragraph 8, at the end of paragraph 2, the sentence "The parameters of the braking devices shall allow the train to stop at a specified stopping distance (16) even at the maximum permitted speed. '
footnote 16:
"16) Sections 8 and 37 (8) of Decree No. 173 / 1995 Coll., which issues the Railway Regulations, as amended by Decree No. 242 / 1996 Coll. and Decree No. 174 / 2000 Coll. '.
27. in Article 13 (4), the words "and on bridges" shall be inserted after the words "In the tunnels."
28. In Paragraph 18, paragraph 6 is added:
"(6) An overview of the technical operational requirements for the design design of the rolling stock not covered by the interoperability specifications is set out in the Annex to this Regulation. ';
29. In the title of Part Four, the words "SUBSYSTEMS OF DRAGES AND ROLLING STOCK 'are inserted after the word" PARTICIPATION'.
30. in Paragraph 21 (2), the words "runways and registers" are replaced by the words "part of railway subsystems";
31. in Paragraph 21 (3), including footnote 17:
"(3) The register of rolling stock used on the national or regional track shall be conducted in a manner specified by the decisions of the European Union laying down common specifications for the national vehicle register (17) and shall contain the information contained therein.
17) Commission Decision 2007 / 756 / EC of 9 November 2007 adopting the common specification of the national vehicle register established pursuant to Article 14 (4) and (5) of Directives 96 / 48 / EC and 2001 / 16 / EC, as amended by Commission Decision 2011 / 107 / EU of 10 February 2011 amending Decision 2007 / 756 / EC adopting the common specification of the national vehicle register. ';
32. In the title of Part Five, the words "COMMON A 'shall be inserted at the beginning.
33. In Section 22, the following paragraph 1 is added:
"(1) The interoperability components and subsystems of the European rail system shall comply with:
(a) technical specifications of interoperability 15), if issued;
(b) harmonised Czech technical standards or, where appropriate, foreign technical standards transposing harmonised European standards in the Member States of the European Union (5), if the technical specifications for interoperability are not issued; or
(c) the relevant standards (5) covering Czech or foreign technical standards or regulations of the International Railway Union where there are no harmonised technical standards in the relevant field of the technical specification of interoperability. ';
Paragraphs 1 to 3 shall be renumbered paragraphs 2 to 4.
34. in Paragraph 22 (2), the word "grooves" is replaced by the word "rail tracks."
35. in Article 22 (3), the second sentence shall be replaced by the sentence "The interoperability components and subsystems of the European rail system shall be brought into conformity with the provisions of the technical specifications of interoperability 15) at the dates specified therein."
36. Paragraph 22 (4), including footnote 18, reads as follows:
"(4) Pending the effectiveness of the interoperability technical specifications setting out the data that must be included in the registers of components of the drah18) and rolling stock (17), the data relating to the parameters of the railway infrastructure referred to in § 4 (1) and the data referred to in § 21 (3) shall be entered in the register of railway subsystems.
18) Commission Implementing Decision 2011 / 633 / EU of 15 September 2011 on common specifications of the railway infrastructure register. ';
37.The Annex shall read as follows:

"Annex to Decree No 352 / 2004 Coll.
Overview of technical operational requirements for the design design of rolling stock not included in the technical specifications of interoperability
1. General Documentation
General documentation (including a description of the new, renovated or upgraded rolling stock and its planned use, as well as vehicle, repair, operation and maintenance documentation).
2. Construction and mechanical parts
The state of connection between rolling stock (including towing gear and buffers, transition bridges), vehicle structure strength and equipment (e.g. seats), load capacity, passive safety (including internal and external impact resistance).
3. Communication with rail tracks and rolling stock gauge
Mechanical interfaces to infrastructure (including static and dynamic behaviour, clearance and storage, gauge and running gear).
4. Braking device
Items related to brake equipment (including anti-skid devices, brake control and in-service performance, emergency and parking modes).
5. Passenger items
Passenger equipment and passenger environment (including passenger windows and doors, air conditioning, sanitary facilities and requirements for persons with reduced mobility).
6. Environmental conditions and aerodynamic effects
The influence of the surrounding environment on the rolling stock and the influence of the vehicle on the surrounding environment (including aerodynamic conditions and interfaces between both the vehicle and the track part of the rail system and the interface between the vehicle and the surrounding environment).
7. Requirements for outdoor information systems, labelling, functionality and software integrity
External information panels, marking, software integrity and safety related functions related to the impact on train operation, including train communication system.
8. On-board power supply and control systems
On-board propulsion, power supply and control systems including interfaces between the rolling stock and the supply infrastructure and all aspects of electromagnetic compatibility.
9. Equipment, interfaces and environment for employees
On-board equipment, interfaces, working conditions and environment for staff (including driver cabs and driver-machine interface).
10. Fire safety and evacuation
11. On-board equipment and interfaces for services (including information equipment, air conditioning and audiovisual equipment)
12. On-board control-command and signalling
All on-board equipment necessary to ensure the safety and control of the movement of rolling stock and its effects on the track-side part of the rail system.
13. Special requirements for operation
Specific requirements for the operation of rolling stock (including degraded weather and towing).
14. Cargo items
Cargo and environment items (including special equipment necessary for the transport of dangerous goods). ';
Čl. II
Transitional provisions
(1) The data on rolling stock put into service before the date of entry into force of this Decree must be kept in the vehicle register in accordance with Article 21 (3) of Decree No 352 / 2004 Coll., as effective from the date of entry into force of this Order, no later than 1 January 2012.
(2) The approval of a rolling stock which began before the date of entry into force of this Decree shall be completed in accordance with the existing legislation.
Čl. III
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister:
Mgr.

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Regulation Information

CitationDecree No. 326 / 2011 Coll., amending Decree No. 352 / 2004 Coll., on the operational and technical interconnection of the European rail system, as amended by Decree No. 377 / 2006 Coll.
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation11.11.2011
Effective from26.11.2011
Effective until-
Status Valid
The regulation text is for informational purposes only.
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