Government Regulation No. 72 / 2016 Coll.
Government Regulation amending Government Regulation No. 133 / 2005 Coll., on technical requirements for the operational and technical interconnection of the European rail system, as amended
Valid
Effective from 22.03.2016
72
GOVERNMENT REGULATION
of 17 February 2016
amending Government Regulation No 133 / 2005 Coll., on technical requirements for the operational and technical interconnection of the European rail system, as amended
The Government orders pursuant to Section 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 205 / 2002 Coll. and Act No. 34 / 2011 Coll.:
Government Regulation No. 133 / 2005 Coll., on Technical Requirements for the Operational and Technical Interconnections of the European Railway System, as amended by Government Regulation No. 371 / 2007 Coll., Government Regulation No. 289 / 2010 Coll. and Government Regulation No. 88 / 2012 Coll., are amended as follows:
1. footnote 1 shall read:
"(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 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. 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. ';
2. footnote 2 shall read:
"(2) 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. Commission Implementing Regulation (EU) 2015 / 1136 of 13 July 2015 amending Implementing Regulation (EU) No 402 / 2013 on the common safety method for risk assessment and assessment. ';
3. In Article 6 (1), the last sentence is replaced by the following: "The subsystem operator or his authorised representative shall, on the basis of a certificate of verification of the subsystem, issue safety assessment reports in accordance with the directly applicable European Union Regulation amending the common safety method for risk assessment and assessment (2), and also on the basis of a certificate of verification of compliance with national requirements, if issued, the EC declaration of verification of the subsystem which shall be forwarded to the Dresden Office for Registration. ';
4. In Article 6 (2), the part of the sentence after the semicolon, including the semicolon, is deleted.
5. In Article 6 (3), "European Union11) 'is replaced by" European Union2';
footnote 11 is deleted.
6. In Article 6a (1), the second sentence is replaced by the following: "Part II of Annex 2 to this Regulation shall apply mutatis mutandis to the content of the provisional opinion on the review of the subsystem type or the provisional opinion on the verification of the subsystem."
7. Paragraph 6a (2) reads as follows:
"(2) The authorised person shall carry out a preliminary verification of the subsystem to the extent specified by the subsystem operator or his authorised representative in accordance with Part I of Annex 2 to this Regulation. Preliminary verification of the subsystem shall be carried out in the range:
(a) the whole subsystem at one of the stages of the verification of the subsystem; or
(b) parts of the subsystem at one of the stages of the verification of the subsystem or at all stages simultaneously. "
8. Paragraph 6a (3) is deleted.
9. The following Section 6b is inserted after Section 6a:
(1) Where the subsystem operator certified to verify the subsystem makes an adjustment to the basic design characteristics of the subsystem relevant for compliance with the basic parameters defined in the technical specifications of interoperability, the notified person shall request the subsystem to be checked within the scope of its changed part, including interfaces with the unchanged part of the subsystem.
(2) Where an EC declaration of verification of the subsystem has been issued for a subsystem modified in accordance with paragraph 1, the subsystem operator shall issue an additional EC declaration of verification of the subsystem, which shall also define the basic parameters affected by the modification of the subsystem. Part II of Annex 2 to this Regulation shall apply mutatis mutandis to the content of the EC supplementary declaration of verification of the subsystem. The supplementary EC declaration of verification of the subsystem shall be accompanied by the subsystem operator:
(a) a list of documents from the original technical file affected by the modification of the subsystem; and
(b) a technical file comprising a document showing that the modification of the subsystem is limited to the basic parameters defined in the supplementary EC declaration of verification of the subsystem.
(3) In the case of modifications to a subsystem other than those referred to in paragraph 1, the subsystem operator shall update the technical file attached to the EC declaration of verification of the subsystem, including references to technical documentation in the EC declaration of verification of the subsystem.
(4) The procedure referred to in paragraphs 1 to 3 shall not apply when adjusting the subsystem consisting of the replacement of parts of the subsystem in the framework of maintenance or repair carried out. ';
10. In Annex No 2, Part I, at the end of point 1, the sentence "If the notified person verifies only part of the subsystem in accordance with the technical specification of interoperability, the provisions of this Annex shall apply mutatis mutandis. ';
11. In Annex No 2, Part I, point 2, the words "Verification of the subsystem shall be carried out at each of these stages' shall be replaced by" Notified person verifies'; the words "General adaptations' shall be replaced by the words" General technical solutions'; and the words "persons involved in the design, manufacture, assembly and testing of the subsystem 'shall be replaced by the words" the notified person shall proceed';
12. In Annex No 2, Part I., point 3.1, the first sentence is replaced by the following: "When issuing the certificate of verification of the subsystem, the applicant shall take into account the interim opinion on the type of subsystem or the interim opinion on the verification of the subsystem, if issued, and shall check whether these provisional opinions comply with the technical specifications of interoperability, shall review the technical requirements set out for the subsystem which is not demonstrated by the provisional opinions and shall check the final examination of the subsystem. ';
13. In Annex No 2, Part I, point 4.1, the introductory part of the provision reads: "A technical file prepared and compiled by a notified person within the scope of the verification of the subsystem shall be attached by the subsystem operator or its authorised representative to the EC declaration of verification of the subsystem. The technical file contains'.
14. in Annex No 2, Part I., point 4.1 (a) is deleted;
Points (b) to (g) shall be renumbered as points (a) to (f).
15. in Annex No 2, Part I, point 4.1 (a):
"(a) a description of the technical characteristics of the subsystem design to the extent necessary to demonstrate the subsystem verification carried out, including in particular general and detailed drawings corresponding to the design of the subsystem, electrical and hydraulic diagrams, control circuit diagrams, data processing and automatic systems, operational and maintenance manuals,"
16. in Annex No 2, Part I, point 4.1 (e), the words "including the EC declaration of provisional verification of the subsystem" shall be deleted;
17. in Annex No 2, Part I., point 4.1 (f), the words "European Union11)" are replaced by the words "European Union relating to a common safety method for risk assessment and assessment (2)."
18. In Annex No 2, Part I, the following point 4.3 is inserted after point 4.2:
"4.3. The documents forming part of the technical documentation shall bear the date of the completion and signature of the person making them. ';
19. In Annex No 2, Part I, point 5.1 is deleted.
Points 5.2 to 5.4 shall be renumbered as points 5.1 to 5.3.
20. In Annex No 2, Part I, point 5.4 is inserted after point 5.3:
"5.4. The notified person shall be able to assess the suitability of interoperability components for use in the subsystems of the European rail system for which it is intended, provided that such assessment is carried out in accordance with the technical specifications of interoperability. ';
21. In Annex No 2, Part I, point 6.1 is deleted and the designation of point 6.2 is deleted.
22. in Annex No 2, Part I, point 7 (a):
"(a) requests received for conformity assessment of the interoperability component, assessment of the suitability of the interoperability component for its use, type review, prior verification of the subsystem or part thereof and verification of the subsystem,"
23. In Annex No 2, Part I, point 7, the words "and the provisional opinions issued on the verification of the subsystem type 'shall be added at the end of the text in point (d).
24. in Annex No 2, Part I, point 7, the words "and rejected applications for interim opinions on the verification of the subsystem type" shall be added at the end of the text in point (e).
25. in Annex 2, Part II:
"II. Content of the EC declaration of verification of the subsystem
In the EC declaration of verification of the subsystem, the subsystem operator or its authorised representative declares that the subsystem which has undergone the subsystem verification procedure complies with the requirements of the relevant European Union and European Union legislation. The EC declaration of verification of the subsystem shall be written in the same language as the technical file and shall contain at least:
(a) the name or name and, where appropriate, the name and surname of the operator of the subsystem or his authorised representative; where the EC declaration of verification of the subsystem is issued by an authorised representative, the name or the name or, where applicable, the names and surname of the subsystem operator,
(b) a brief description of the subsystem,
(c) the name and registered office of the notified person who has issued the certificate in accordance with the technical specifications of interoperability or has carried out an assessment under other European Union rules and its identification number allocated by the European Commission;
(d) the name and address of the authorised person who issued the certificate of verification of compliance with national requirements;
(e) the name and registered office of the person who drew up the safety assessment report pursuant to the directly applicable European Union regulation governing the common safety method for risk assessment and assessment (2);
(f) references to the related legislation, the European Union Directive on the interoperability of the rail system, the technical specification of interoperability and the international contract;
(g) references to the technical specifications of interoperability or parts thereof with which the verification of the subsystem has not been assessed;
(h) references to documents contained in the technical file;
(i) any decisive temporary or final provisions to be complied with by the subsystem, in particular any operating restrictions or conditions;
(j) the signature of the person authorised to act for the subsystem operator or his authorised representative, indicating the name, surname, function and date of issue of the EC declaration of verification of the subsystem. ';
Efficacy
This Regulation shall enter into force on the 15th day following its publication.
Prime Minister:
Sobotka v. r.
Minister for Transport:
Ing.
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Regulation Information
| Citation | Government Regulation No. 72 / 2016 Coll., amending Government Regulation No. 133 / 2005 Coll., on technical requirements for the operational and technical interconnection of the European rail system, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.03.2016 |
|---|---|
| Effective from | 22.03.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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