Pending: 32008D0899

3.12.2008 EN Official Journal of the European Union L 323/62
(1) By Regulation (EC) No 488/2008(2), the Commission imposed provisional anti-dumping duties on imports into the Community of citric acid originating in the People's Republic of China (PRC).
(2) Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1193/2008(3)imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of citric acid originating in the PRC.
(3) The investigation confirmed the provisional findings of injurious dumping relating to imports of citric acid originating in the PRC.
(4) Subsequent to the adoption of provisional anti-dumping measures, six cooperating exporting producers in the PRC, namely Anhui BBCA Biochemical, RZBC, TTCA, Yixing Union Biochemical, Laiwu Taihe Biochemistry and Weifang Ensign Industry offered price undertakings in accordance with Article 8(1) of the basic Regulation. In these undertakings, the exporting producers have offered to sell the product concerned at or above price levels which eliminate the injurious effects of dumping. Each exporting producer offered one minimum import price for all different product types in order to limit the risk of circumvention.
(5) In addition, the offers provide for the indexation of the minimum prices given that the prices of the product concerned varied significantly, in particular prices increased considerably after the investigation period. The indexation is made in accordance with public international quotations of corn, the main raw material used by the exporting producers. However, the exporting producers offered to fix the minimum prices at least at the level of the non-injurious price even if the indexation would lead to a lower price level.
(6) Laiwu Taihe Biochemistry, which was accorded market economy treatment, offered to calculate its minimum price based on the normal value established during the investigation.
(7) Moreover, the exporting producers, in order to reduce the risk of price violations by means of cross-compensation of prices, firstly offered to report all non-EU sales to those customers whose organisation or structure extends beyond the EU, should the exporting producer sell to this customer in the EU. Secondly, the exporting producers agreed to respect a certain price regime in relation to those non-EU sales.
(8) The exporting producers will also provide the Commission with regular and detailed information concerning their exports to the Community, meaning that the undertakings can be monitored effectively by the Commission.
(9) It is also noted that the China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (‘CCCMC’) is joining the six companies mentioned in recital (4), and that therefore the CCCMC will also play an active role in the monitoring of the undertakings. Thus, the Commission considers the risk of circumventing the agreed undertakings as limited.
(10) Subsequent to the disclosure of the undertaking offers, the Community industry objected to these undertaking offers. The Community industry argued that an indexation based on corn is not appropriate as other main inputs constitute major variant components of the costs and suggested instead an indexation based on both raw material and energy costs. As concerns the Community industry's comments suggesting an indexation based also on energy, it is noted that energy is not a major cost driver. Moreover, there would be no clear source of indexation as the energy required can be produced from different sources such as coal, natural gas or electricity.
(11) The Community industry further argued that, because the exporting producers sell the product covered by the undertaking to multinational companies, there is a high risk of price cross-compensation i.e. the product covered by the undertaking may be sold to the same customer at artificially low prices outside the EC in order to compensate the minimum prices in the EC. In this regard it should be noted that the majority of the companies' export sales to the EC are made to traders and not to multinational companies. Notwithstanding this, and to further reduce the remaining risk of cross-compensation by some specific companies, the offers contain special cross-compensation clauses in respect of sales by the companies concerned to those EC customers whose organisation or structure extends beyond the EU. These clauses significantly reduce the risk of cross-compensation.
(12) In view of this, the undertakings offered by the exporting producers are acceptable.
(13) In order to enable the Commission to monitor effectively the companies' compliance with the undertakings, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on (i) the presentation of an undertaking invoice containing at least the elements listed in the Annex to Regulation (EC) No 1193/2008; (ii) the fact that imported goods are manufactured, shipped and invoiced directly by the said company to the first independent customer in the Community; and (iii) the fact that the goods declared and presented to customs correspond precisely to the description on the undertaking invoice. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty shall instead be payable.
(14) To further ensure the respect of the undertakings, importers have been made aware by the above-mentioned Council Regulation that the non-fulfillment of the conditions provided for by that Regulation, or the withdrawal by the Commission of the acceptance of the undertakings, may lead to the customs debt being incurred for the relevant transactions.
(15) In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the anti-dumping duty imposed in accordance with Article 9(4) of the basic Regulation shall automatically apply by means of Article 8(9) of the basic Regulation,
Country Company Taric Additional Code
People's Republic of China Anhui BBCA Biochemical Co., Ltd — No 73 Daqing Road, Bengbu City 233010, Anhui Province A874
Manufactured by RZBC Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province A926
Manufactured by RZBC (Juxian) Co., Ltd — West Wing, Chengyang North Road, Ju County, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province A927
TTCA Co., Ltd. — West, Wenhe Bridge North, Anqiu City, Shandong Province A878
Yixing Union Biochemical Co., Ltd — Economic Development Zone Yixing City 214203, Jiangsu Province A879
Laiwu Taihe Biochemistry Co. Ltd, No 106 Luzhong Large East Street, Laiwu, Shandong Province A880
Weifang Ensign Industry Co. Ltd, The West End, Limin Road, Changle City, Shandong Province A882
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1)(the “basic Regulation”), and in particular Articles 8 and 9 thereof,
After consulting the Advisory Committee,
HAS DECIDED AS FOLLOWS:

Article 1
The undertakings offered by the exporting producers mentioned below together with the China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters, in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People’s Republic of China, are hereby accepted.

Article 2
This Decision shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1)(the “basic Regulation”), and in particular Articles 8 and 9 thereof,
After consulting the Advisory Committee,
HAS DECIDED AS FOLLOWS:
The undertakings offered by the exporting producers mentioned below together with the China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters, in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People’s Republic of China, are hereby accepted.
This Decision shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.

Pending: 32008D0840

11.11.2008 EN Official Journal of the European Union L 300/36
(1) In Section I of Part A of Annex I to Directive 2000/29/EC,Anoplophora malasiaca(Forster) andAnoplophora chinensis(Thomson) are listed. Recent studies have found that those two denominations cover in fact one single species of harmful organism. For the purposes of this Decision it is therefore appropriate to use the single revised scientific denominationAnoplophora chinensis(Forster) to designate what is listed in that Annex asAnoplophora malasiaca(Forster) andAnoplophora chinensis(Thomson).
(2) Under Directive 2000/29/EC, where a Member State considers that there is a danger of introduction into or spread within its territory of a harmful organism whether or not listed in Annexes I or II to that Directive, it may temporarily take any additional measures necessary to protect itself from that danger.
(3) As a result of the presence ofAnoplophora chinensis(Forster) on various host plants in the region of Lombardy, Italy informed the Commission and the other Member States on 23 November 2007 that it had adopted additional measures on 9 November 2007 to prevent the further introduction into and spread within its territory of that organism.
(4) As a result of findings ofAnoplophora chinensis(Forster) on various host plants in the Netherlands, the Commission and other Member States were informed on 21 January 2008 of the measures taken to eradicate that organism in the Netherlands.
(5) Anoplophora chinensis(Forster) has been recently intercepted on many consignments of plants for planting ofAcerspp. originating in third countries. At present, there are no special requirements in relation to this harmful organism for plants ofAcerspp., nor for other plants which are amongst the most susceptible hosts plants, originating in third countries or in the Community.
(6) A pest risk analysis onAnoplophora chinensis(Forster) was released in 2008 by the Netherlands, which concluded that there is a very high probability of establishment of the organism in the Community and a high potential of economic damage to several host plants.
(7) It is therefore necessary to take emergency measures against the introduction into and spread within the Community ofAnoplophora chinensis(Forster). The measures should apply to a list of plants of any origin, the ‘specified plants’, known to be hosts ofAnoplophora chinensis(Forster) and which present the highest risk of being infested.
(8) Measures should be defined for the import of the specified plants as regards their production in third countries and inspections at entry into the Community. Measures should also be defined for the production, movement and control of the specified plants originating in areas in the Community where the presence ofAnoplophora chinensis(Forster) is confirmed.
(9) Detailed measures should be laid down in areas in the Community where the presence ofAnoplophora chinensis(Forster) is confirmed, i.e. the infested zones. In those zones, appropriate measures to eradicate the organism and intensive monitoring of its presence should be applied. In the areas surrounding such areas, i.e. the buffer zones, intensive monitoring for the presence of the organism should take place. In case of the first detection of the organism in an area in the Community, the size of the relevant buffer zone might be reduced to reflect better the more limited risk of spreading.
(10) A survey to check for the presence or continued absence ofAnoplophora chinensis(Forster) should be carried out on host plants in all Member States.
(11) It is appropriate that the measures be reviewed by 31 May 2009 taking into account the availability, after one growing season, of the results of the official surveys and examinations by Member States of specified plants imported and being moved within the Community under the emergency measures.
(12) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
(a) ‘specified plants’ means plants for planting, other than seeds, ofAcerspp.,Aesculus hippocastanum, Alnusspp.,Betulaspp.,Carpinusspp.,Citrusspp.,Corylusspp.,Cotoneasterspp.,Fagusspp.,Lagerstroemiaspp.,Malusspp.,Platanusspp.,Populusspp.,Prunusspp.,Pyrusspp.,Salixspp., andUlmusspp.;
(b) ‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5(2).
(a) they comply with the specific import requirements in point (1) of Section I of Annex I;
(b) without prejudice to Article 13a(1) of Directive 2000/29/EC, on entry into the Community they are inspected by the responsible official body in accordance with point (2) of Section I of Annex I to this Decision for the presence ofAnoplophora chinensis(Forster), and no signs of that organism have been found.
(1) Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in third countries whereAnoplophora chinensis(Forster) is known to be present shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional declaration’ that:(a)the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or(b)the plants have been grown, during a period of at least two years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling. (a) the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or (b) the plants have been grown, during a period of at least two years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling. (i) which is registered and supervised by the national plant protection organisation in the country of origin; and (ii) which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and (iii) where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iv) where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
(a) the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) the plants have been grown, during a period of at least two years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling. (i) which is registered and supervised by the national plant protection organisation in the country of origin; and (ii) which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and (iii) where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iv) where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
(i) which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
(a) the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) the plants have been grown, during a period of at least two years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling. (i) which is registered and supervised by the national plant protection organisation in the country of origin; and (ii) which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and (iii) where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iv) where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
(i) which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
(i) which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
(2) Specified plants imported in accordance with point (1) shall be meticulously inspected at the point of entry or the place of destination established in accordance with Commission Directive 2004/103/EC(1). Inspection methods applied shall ensure the detection of any signs ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
(1) Specified plants originating in demarcated areas within the Community may be moved within the Community only if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(2)and have been grown during a period of at least two years prior to movement in a place of production:(i)which is registered according to Commission Directive 92/90/EEC(3); and(ii)which has been subjected annually to two official meticulous inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and(iii)where the plants were placed in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone. (i) which is registered according to Commission Directive 92/90/EEC(3); and (ii) which has been subjected annually to two official meticulous inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and (iii) where the plants were placed in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone. — with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
(i) which is registered according to Commission Directive 92/90/EEC(3); and
(ii) which has been subjected annually to two official meticulous inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and
(iii) where the plants were placed in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone. — with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
— with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
(i) which is registered according to Commission Directive 92/90/EEC(3); and
(ii) which has been subjected annually to two official meticulous inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and
(iii) where the plants were placed in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone. — with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
— with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
— with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
(2) Specified plants imported from third countries whereAnoplophora chinensis(Forster) is known to be present in accordance with Section I may be moved within the Community only if they are accompanied by the plant passport referred to in point (1).
(a) The demarcated areas referred to in Article 5 shall consist of the following parts:(i)an infested zone which is the zone where the presence ofAnoplophora chinensis(Forster) has been confirmed, and which includes all plants showing symptoms caused byAnoplophora chinensis(Forster) and, where appropriate, all plants belonging to the same lot at the time of planting,(ii)a buffer zone with a radius of at least two km beyond the boundary of the infested zone. (i) an infested zone which is the zone where the presence ofAnoplophora chinensis(Forster) has been confirmed, and which includes all plants showing symptoms caused byAnoplophora chinensis(Forster) and, where appropriate, all plants belonging to the same lot at the time of planting, (ii) a buffer zone with a radius of at least two km beyond the boundary of the infested zone.
(i) an infested zone which is the zone where the presence ofAnoplophora chinensis(Forster) has been confirmed, and which includes all plants showing symptoms caused byAnoplophora chinensis(Forster) and, where appropriate, all plants belonging to the same lot at the time of planting,
(ii) a buffer zone with a radius of at least two km beyond the boundary of the infested zone.
(i) an infested zone which is the zone where the presence ofAnoplophora chinensis(Forster) has been confirmed, and which includes all plants showing symptoms caused byAnoplophora chinensis(Forster) and, where appropriate, all plants belonging to the same lot at the time of planting,
(ii) a buffer zone with a radius of at least two km beyond the boundary of the infested zone.
(b) The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology ofAnoplophora chinensis(Forster), the level of infestation, the particular distribution of the specified plants in the area concerned and evidence of establishment of the harmful organism. In case of the first detection of the organism in an area, and following a delimiting survey, the radius of the buffer zone may be reduced to not less than one km beyond the boundary of the infested zone.
(c) If the presence ofAnoplophora chinensis(Forster) is confirmed outside the infested zone, the delimitation of the demarcated areas shall be changed accordingly, or eradication measures are taken immediately to restore the pest freedom of the buffer zone.
(d) If, based on the annual surveys referred to in point 2(b),Anoplophora chinensis(Forster) is not detected in a demarcated area for a period of four years, this demarcation shall be withdrawn and the measures referred to in point 2 shall no longer apply.
(a) in the infested zone, appropriate measures aiming at eradicatingAnoplophora chinensis(Forster), including the felling and destruction of infested plants and plants with signs ofAnoplophora chinensis(Forster), including the roots, annually before 30 April;
(b) in the infested zone and the buffer zone, intensive monitoring for the presence ofAnoplophora chinensis(Forster) by inspections carried out annually on host plants of the organism at appropriate times.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the third sentence of Article 16(3) thereof,
(1) In Section I of Part A of Annex I to Directive 2000/29/EC,Anoplophora malasiaca(Forster) andAnoplophora chinensis(Thomson) are listed. Recent studies have found that those two denominations cover in fact one single species of harmful organism. For the purposes of this Decision it is therefore appropriate to use the single revised scientific denominationAnoplophora chinensis(Forster) to designate what is listed in that Annex asAnoplophora malasiaca(Forster) andAnoplophora chinensis(Thomson).
(2) Under Directive 2000/29/EC, where a Member State considers that there is a danger of introduction into or spread within its territory of a harmful organism whether or not listed in Annexes I or II to that Directive, it may temporarily take any additional measures necessary to protect itself from that danger.
(3) As a result of the presence ofAnoplophora chinensis(Forster) on various host plants in the region of Lombardy, Italy informed the Commission and the other Member States on 23 November 2007 that it had adopted additional measures on 9 November 2007 to prevent the further introduction into and spread within its territory of that organism.
(4) As a result of findings ofAnoplophora chinensis(Forster) on various host plants in the Netherlands, the Commission and other Member States were informed on 21 January 2008 of the measures taken to eradicate that organism in the Netherlands.
(5) Anoplophora chinensis(Forster) has been recently intercepted on many consignments of plants for planting ofAcerspp. originating in third countries. At present, there are no special requirements in relation to this harmful organism for plants ofAcerspp., nor for other plants which are amongst the most susceptible hosts plants, originating in third countries or in the Community.
(6) A pest risk analysis onAnoplophora chinensis(Forster) was released in 2008 by the Netherlands, which concluded that there is a very high probability of establishment of the organism in the Community and a high potential of economic damage to several host plants.
(7) It is therefore necessary to take emergency measures against the introduction into and spread within the Community ofAnoplophora chinensis(Forster). The measures should apply to a list of plants of any origin, the ‘specified plants’, known to be hosts ofAnoplophora chinensis(Forster) and which present the highest risk of being infested.
(8) Measures should be defined for the import of the specified plants as regards their production in third countries and inspections at entry into the Community. Measures should also be defined for the production, movement and control of the specified plants originating in areas in the Community where the presence ofAnoplophora chinensis(Forster) is confirmed.
(9) Detailed measures should be laid down in areas in the Community where the presence ofAnoplophora chinensis(Forster) is confirmed, i.e. the infested zones. In those zones, appropriate measures to eradicate the organism and intensive monitoring of its presence should be applied. In the areas surrounding such areas, i.e. the buffer zones, intensive monitoring for the presence of the organism should take place. In case of the first detection of the organism in an area in the Community, the size of the relevant buffer zone might be reduced to reflect better the more limited risk of spreading.
(10) A survey to check for the presence or continued absence ofAnoplophora chinensis(Forster) should be carried out on host plants in all Member States.
(11) It is appropriate that the measures be reviewed by 31 May 2009 taking into account the availability, after one growing season, of the results of the official surveys and examinations by Member States of specified plants imported and being moved within the Community under the emergency measures.
(12) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:

Definitions
Article 1
For the purpose of this Decision, the following definitions shall apply:
(a)
‘specified plants’ means plants for planting, other than seeds, ofAcerspp.,Aesculus hippocastanum, Alnusspp.,Betulaspp.,Carpinusspp.,Citrusspp.,Corylusspp.,Cotoneasterspp.,Fagusspp.,Lagerstroemiaspp.,Malusspp.,Platanusspp.,Populusspp.,Prunusspp.,Pyrusspp.,Salixspp., andUlmusspp.;
(b)
‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5(2).

Import of the specified plants
Article 2
Specified plants imported from third countries whereAnoplophora chinensis(Forster) is known to be present, may only be introduced into the Community if:
(a)
they comply with the specific import requirements in point (1) of Section I of Annex I;
(b)
without prejudice to Article 13a(1) of Directive 2000/29/EC, on entry into the Community they are inspected by the responsible official body in accordance with point (2) of Section I of Annex I to this Decision for the presence ofAnoplophora chinensis(Forster), and no signs of that organism have been found.

Movement of specified plants within the Community
Article 3
Specified plants originating in demarcated areas within the Community established in accordance with Article 5 may be moved within the Community only if they meet the conditions set out in point (1) of Section II of Annex I.
Specified plants imported in accordance with Article 2 from third countries whereAnoplophora chinensis(Forster) is known to be present, may be moved within the Community only if they meet the conditions set out in point (2) of Section II of Annex I.

Surveys
Article 4
Member States shall conduct official annual surveys for the presence ofAnoplophora chinensis(Forster) and for the evidence of infestation by that organism on host plants in their territory.
Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of those surveys, together with the list and delimitation of demarcated areas referred to in Article 5 of this Decision, shall be notified to the Commission and to the other Member States by 30 April of each year.

Demarcated areas
Article 5
When the results of the surveys referred to in Article 4 confirm the presence ofAnoplophora chinensis(Forster) in an area, or there is evidence of the presence of that organism by other means, Member States shall define demarcated areas, which shall consist of infested zone and of buffer zone, in accordance with Section 1 of Annex II.
The Member States shall take official measures in the demarcated areas as laid down in Section 2 of Annex II.

Compliance
Article 6
Member States shall take all measures to comply with this Decision and, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread ofAnoplophora chinensis(Forster) in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.

Review
Article 7
This Decision shall be reviewed by 31 May 2009 at the latest.

Addressees
Article 8
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the third sentence of Article 16(3) thereof,
(1) In Section I of Part A of Annex I to Directive 2000/29/EC,Anoplophora malasiaca(Forster) andAnoplophora chinensis(Thomson) are listed. Recent studies have found that those two denominations cover in fact one single species of harmful organism. For the purposes of this Decision it is therefore appropriate to use the single revised scientific denominationAnoplophora chinensis(Forster) to designate what is listed in that Annex asAnoplophora malasiaca(Forster) andAnoplophora chinensis(Thomson).
(2) Under Directive 2000/29/EC, where a Member State considers that there is a danger of introduction into or spread within its territory of a harmful organism whether or not listed in Annexes I or II to that Directive, it may temporarily take any additional measures necessary to protect itself from that danger.
(3) As a result of the presence ofAnoplophora chinensis(Forster) on various host plants in the region of Lombardy, Italy informed the Commission and the other Member States on 23 November 2007 that it had adopted additional measures on 9 November 2007 to prevent the further introduction into and spread within its territory of that organism.
(4) As a result of findings ofAnoplophora chinensis(Forster) on various host plants in the Netherlands, the Commission and other Member States were informed on 21 January 2008 of the measures taken to eradicate that organism in the Netherlands.
(5) Anoplophora chinensis(Forster) has been recently intercepted on many consignments of plants for planting ofAcerspp. originating in third countries. At present, there are no special requirements in relation to this harmful organism for plants ofAcerspp., nor for other plants which are amongst the most susceptible hosts plants, originating in third countries or in the Community.
(6) A pest risk analysis onAnoplophora chinensis(Forster) was released in 2008 by the Netherlands, which concluded that there is a very high probability of establishment of the organism in the Community and a high potential of economic damage to several host plants.
(7) It is therefore necessary to take emergency measures against the introduction into and spread within the Community ofAnoplophora chinensis(Forster). The measures should apply to a list of plants of any origin, the ‘specified plants’, known to be hosts ofAnoplophora chinensis(Forster) and which present the highest risk of being infested.
(8) Measures should be defined for the import of the specified plants as regards their production in third countries and inspections at entry into the Community. Measures should also be defined for the production, movement and control of the specified plants originating in areas in the Community where the presence ofAnoplophora chinensis(Forster) is confirmed.
(9) Detailed measures should be laid down in areas in the Community where the presence ofAnoplophora chinensis(Forster) is confirmed, i.e. the infested zones. In those zones, appropriate measures to eradicate the organism and intensive monitoring of its presence should be applied. In the areas surrounding such areas, i.e. the buffer zones, intensive monitoring for the presence of the organism should take place. In case of the first detection of the organism in an area in the Community, the size of the relevant buffer zone might be reduced to reflect better the more limited risk of spreading.
(10) A survey to check for the presence or continued absence ofAnoplophora chinensis(Forster) should be carried out on host plants in all Member States.
(11) It is appropriate that the measures be reviewed by 31 May 2009 taking into account the availability, after one growing season, of the results of the official surveys and examinations by Member States of specified plants imported and being moved within the Community under the emergency measures.
(12) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:

Definitions

For the purpose of this Decision, the following definitions shall apply:
(a)
‘specified plants’ means plants for planting, other than seeds, ofAcerspp.,Aesculus hippocastanum, Alnusspp.,Betulaspp.,Carpinusspp.,Citrusspp.,Corylusspp.,Cotoneasterspp.,Fagusspp.,Lagerstroemiaspp.,Malusspp.,Platanusspp.,Populusspp.,Prunusspp.,Pyrusspp.,Salixspp., andUlmusspp.;
(b)
‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5(2).

Import of the specified plants

Specified plants imported from third countries whereAnoplophora chinensis(Forster) is known to be present, may only be introduced into the Community if:
(a)
they comply with the specific import requirements in point (1) of Section I of Annex I;
(b)
without prejudice to Article 13a(1) of Directive 2000/29/EC, on entry into the Community they are inspected by the responsible official body in accordance with point (2) of Section I of Annex I to this Decision for the presence ofAnoplophora chinensis(Forster), and no signs of that organism have been found.

Movement of specified plants within the Community

Specified plants originating in demarcated areas within the Community established in accordance with Article 5 may be moved within the Community only if they meet the conditions set out in point (1) of Section II of Annex I.
Specified plants imported in accordance with Article 2 from third countries whereAnoplophora chinensis(Forster) is known to be present, may be moved within the Community only if they meet the conditions set out in point (2) of Section II of Annex I.

Surveys

Member States shall conduct official annual surveys for the presence ofAnoplophora chinensis(Forster) and for the evidence of infestation by that organism on host plants in their territory.
Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of those surveys, together with the list and delimitation of demarcated areas referred to in Article 5 of this Decision, shall be notified to the Commission and to the other Member States by 30 April of each year.

Demarcated areas

When the results of the surveys referred to in Article 4 confirm the presence ofAnoplophora chinensis(Forster) in an area, or there is evidence of the presence of that organism by other means, Member States shall define demarcated areas, which shall consist of infested zone and of buffer zone, in accordance with Section 1 of Annex II.
The Member States shall take official measures in the demarcated areas as laid down in Section 2 of Annex II.

Compliance

Member States shall take all measures to comply with this Decision and, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread ofAnoplophora chinensis(Forster) in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.

Review

This Decision shall be reviewed by 31 May 2009 at the latest.

Addressees

This Decision is addressed to the Member States.

EMERGENCY MEASURES REFERRED TO IN ARTICLES 2 AND 3

ANNEX II. Specific import requirements
| (1) | Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in third countries whereAnoplophora chinensis(Forster) is known to be present shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional declaration’ that:(a)the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or(b)the plants have been grown, during a period of at least two years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling. | (a) | the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or | (b) | the plants have been grown, during a period of at least two years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling. | (i) | which is registered and supervised by the national plant protection organisation in the country of origin; and | (ii) | which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and | (iii) | where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | — | with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | (iv) | where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
(a) | the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) | the plants have been grown, during a period of at least two years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling. | (i) | which is registered and supervised by the national plant protection organisation in the country of origin; and | (ii) | which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and | (iii) | where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | — | with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | (iv) | where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
(i) | which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) | which has been subjected annually to two official inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) | where the plants have been grown in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | — | with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— | with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or
— | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) | where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.
| (2) | Specified plants imported in accordance with point (1) shall be meticulously inspected at the point of entry or the place of destination established in accordance with Commission Directive 2004/103/EC(1). Inspection methods applied shall ensure the detection of any signs ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.II. Conditions for movement
| (1) | Specified plants originating in demarcated areas within the Community may be moved within the Community only if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(2)and have been grown during a period of at least two years prior to movement in a place of production:(i)which is registered according to Commission Directive 92/90/EEC(3); and(ii)which has been subjected annually to two official meticulous inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and(iii)where the plants were placed in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone. | (i) | which is registered according to Commission Directive 92/90/EEC(3); and | (ii) | which has been subjected annually to two official meticulous inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and | (iii) | where the plants were placed in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone. | — | with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
(i) | which is registered according to Commission Directive 92/90/EEC(3); and
(ii) | which has been subjected annually to two official meticulous inspections for any signs ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and
(iii) | where the plants were placed in a site:—with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone. | — | with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
— | with complete physical protection against the introduction ofAnoplophora chinensis(Forster); or
— | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.
| (2) | Specified plants imported from third countries whereAnoplophora chinensis(Forster) is known to be present in accordance with Section I may be moved within the Community only if they are accompanied by the plant passport referred to in point (1).
(1)
OJ L 313, 12.10.2004, p. 16.
(2)
OJ L 4, 8.1.1993, p. 22.
(3)
OJ L 344, 26.11.1992, p. 38.

EMERGENCY MEASURES REFERRED TO IN ARTICLE 5

ANNEX II1. Establishment of demarcated areas
| (a) | The demarcated areas referred to in Article 5 shall consist of the following parts:(i)an infested zone which is the zone where the presence ofAnoplophora chinensis(Forster) has been confirmed, and which includes all plants showing symptoms caused byAnoplophora chinensis(Forster) and, where appropriate, all plants belonging to the same lot at the time of planting,(ii)a buffer zone with a radius of at least two km beyond the boundary of the infested zone. | (i) | an infested zone which is the zone where the presence ofAnoplophora chinensis(Forster) has been confirmed, and which includes all plants showing symptoms caused byAnoplophora chinensis(Forster) and, where appropriate, all plants belonging to the same lot at the time of planting, | (ii) | a buffer zone with a radius of at least two km beyond the boundary of the infested zone.
(i) | an infested zone which is the zone where the presence ofAnoplophora chinensis(Forster) has been confirmed, and which includes all plants showing symptoms caused byAnoplophora chinensis(Forster) and, where appropriate, all plants belonging to the same lot at the time of planting,
(ii) | a buffer zone with a radius of at least two km beyond the boundary of the infested zone.
| (b) | The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology ofAnoplophora chinensis(Forster), the level of infestation, the particular distribution of the specified plants in the area concerned and evidence of establishment of the harmful organism. In case of the first detection of the organism in an area, and following a delimiting survey, the radius of the buffer zone may be reduced to not less than one km beyond the boundary of the infested zone.
| (c) | If the presence ofAnoplophora chinensis(Forster) is confirmed outside the infested zone, the delimitation of the demarcated areas shall be changed accordingly, or eradication measures are taken immediately to restore the pest freedom of the buffer zone.
| (d) | If, based on the annual surveys referred to in point 2(b),Anoplophora chinensis(Forster) is not detected in a demarcated area for a period of four years, this demarcation shall be withdrawn and the measures referred to in point 2 shall no longer apply.2. Measures in demarcated areasThe official measures referred to in Article 5 to be taken in the demarcated areas, shall include at least the following:

(a) | in the infested zone, appropriate measures aiming at eradicatingAnoplophora chinensis(Forster), including the felling and destruction of infested plants and plants with signs ofAnoplophora chinensis(Forster), including the roots, annually before 30 April;
(b) | in the infested zone and the buffer zone, intensive monitoring for the presence ofAnoplophora chinensis(Forster) by inspections carried out annually on host plants of the organism at appropriate times.

Pending: 32008D0798

15.10.2008 EN Official Journal of the European Union L 273/18
(1) Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Community emergency measures for food and feed imported from a third country in order to protect human health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.
(2) The European Commission was recently made aware that high levels of melamine were found in infant milk and other milk products in China. Melamine is a chemical intermediate used in the manufacture of amino resins and plastics and is used as a monomer and as an additive for plastics. High levels of melamine in food can result in very severe health effects.
(3) Imports of milk and milk products, including milk powder, originating from China are not allowed into the Community; however, certain composite products (i.e. products which contain at the same time a processed product of animal origin and a product of non-animal origin) containing processed milk components might have reached the European Union's markets.
(4) Although factual information available indicates that no composite products are imported which are intended for the particular nutritional uses of infants or young children, certain such composite products, depending of their specific formulation and in particular on the proportion of milk product content, could have been presented for import without undergoing systematic border checks pursuant to Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC(2). Taking into account that such products represent the primary, and in some cases sole, source of nourishment for infants and young children, it is appropriate to prohibit the import into the Community of any such products originating from China. Member States should ensure that any such products which were to be found on the market should be destroyed without delay.
(5) As regards other composite products (such as biscuits and chocolate), which are only a minor part of a varied diet, after a request from the European Commission for an assessment of the risks related to the presence of melamine in composite product, the European Food Safety Authority (EFSA) issued a statement in which it concludes that the highest risk would be represented by a worst case scenario according to which children with high daily consumption of biscuits and chocolate containing the highest proportion of milk powder (which varies between 16 % and more than 20 %), with a contamination equal to the highest level found in milk powder from China, could potentially exceed the tolerable daily intake (TDI) of melamine (0,5 mg/kg body weight).
(6) In order to counter the risk for health that may result from exposure to the melamine content of such composite products, Member States are required under Commission Decision 2008/757/EC(3)to ensure that all composite products containing at least 15 % of milk product, originating from China, are systematically tested before import into the Community and that all such products which are shown to contain melamine in excess of 2,5 mg/kg are immediately destroyed. Melamine from different sources, such as migration from food contact materials, pesticide use, etc. can be present in feed and food. Taking into account the available occurrence data, the level of 2,5 mg/kg is the appropriate level to distinguish between the unavoidable background presence of melamine and unacceptable adulteration. This level responds also to the need to ensure a large margin of safety. Member States have reported significant difficulties in establishing the exact milk or milk product content of composite products. As a consequence, the value of 15 % above is largely devoid of relevance for deciding whether a consignment is subject to control requirements prior to import. In order to streamline and simplify import controls procedures, it is therefore appropriate to establish the requirement of controls irrespective of the exact amount of milk or milk products in the composite products.
(7) Member States should also ensure that composite products which are already present in the Community are appropriately tested and withdrawn from the market if necessary. The costs of tests at import and of official measures taken as regards products found to be non-compliant with the maximum level in question should be borne by the feed and food business operator responsible for the products.
(8) In order for the Commission to be able to reassess appropriateness of these measures in due time, Member States should inform the Commission of unfavourable results through the Rapid Alert System for Food and Feed and should report favourable results on a two weeks basis.
(9) The measure provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(1), and in particular Article 53(2), second subparagraph, thereof,
(1) Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Community emergency measures for food and feed imported from a third country in order to protect human health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.
(2) The European Commission was recently made aware that high levels of melamine were found in infant milk and other milk products in China. Melamine is a chemical intermediate used in the manufacture of amino resins and plastics and is used as a monomer and as an additive for plastics. High levels of melamine in food can result in very severe health effects.
(3) Imports of milk and milk products, including milk powder, originating from China are not allowed into the Community; however, certain composite products (i.e. products which contain at the same time a processed product of animal origin and a product of non-animal origin) containing processed milk components might have reached the European Union’s markets.
(4) Although factual information available indicates that no composite products are imported which are intended for the particular nutritional uses of infants or young children, certain such composite products, depending of their specific formulation and in particular on the proportion of milk product content, could have been presented for import without undergoing systematic border checks pursuant to Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC(2). Taking into account that such products represent the primary, and in some cases sole, source of nourishment for infants and young children, it is appropriate to prohibit the import into the Community of any such products originating from China. Member States should ensure that any such products which were to be found on the market should be destroyed without delay.
(5) As regards other composite products (such as biscuits and chocolate), which are only a minor part of a varied diet, after a request from the European Commission for an assessment of the risks related to the presence of melamine in composite product, the European Food Safety Authority (EFSA) issued a statement in which it concludes that the highest risk would be represented by a worst case scenario according to which children with high daily consumption of biscuits and chocolate containing the highest proportion of milk powder (which varies between 16 % and more than 20 %), with a contamination equal to the highest level found in milk powder from China, could potentially exceed the tolerable daily intake (TDI) of melamine (0,5 mg/kg body weight).
(6) In order to counter the risk for health that may result from exposure to the melamine content of such composite products, Member States are required under Commission Decision 2008/757/EC(3)to ensure that all composite products containing at least 15 % of milk product, originating from China, are systematically tested before import into the Community and that all such products which are shown to contain melamine in excess of 2,5 mg/kg are immediately destroyed. Melamine from different sources, such as migration from food contact materials, pesticide use, etc. can be present in feed and food. Taking into account the available occurrence data, the level of 2,5 mg/kg is the appropriate level to distinguish between the unavoidable background presence of melamine and unacceptable adulteration. This level responds also to the need to ensure a large margin of safety. Member States have reported significant difficulties in establishing the exact milk or milk product content of composite products. As a consequence, the value of 15 % above is largely devoid of relevance for deciding whether a consignment is subject to control requirements prior to import. In order to streamline and simplify import controls procedures, it is therefore appropriate to establish the requirement of controls irrespective of the exact amount of milk or milk products in the composite products.
(7) Member States should also ensure that composite products which are already present in the Community are appropriately tested and withdrawn from the market if necessary. The costs of tests at import and of official measures taken as regards products found to be non-compliant with the maximum level in question should be borne by the feed and food business operator responsible for the products.
(8) In order for the Commission to be able to reassess appropriateness of these measures in due time, Member States should inform the Commission of unfavourable results through the Rapid Alert System for Food and Feed and should report favourable results on a two weeks basis.
(9) The measure provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Article 1
For the purposes of this Decision, references to China shall be intended to the People’s Republic of China.

Control measures
Article 2
1. Member States shall prohibit the import into the Community of composite products containing milk or milk products, intended for the particular nutritional use of infants and young children within the meaning of Council Directive 89/398/EEC(4)on foods for particular nutritional uses, originating or consigned from China. Member States shall also ensure that any such product found after the entry into force of this Decision on the market shall be immediately withdrawn and destroyed.
2. Member States shall carry out documentary, identity and physical checks, including laboratory analysis, on all consignments originating in or consigned from China of composite products, including feed, containing milk products.
Member States may carry out random checks prior to importing other feed and food products with a high protein content originating from China.
Such checks shall in particular aim at ascertaining that the level of melamine, if any, does not exceed 2,5 mg/kg product. Consignments shall be detained pending the availability of the results of the laboratory analysis.
3. The checks referred to in paragraph 2, first subparagraph, shall be carried out at points of control specifically designated by the Member States for that purpose. Member States shall make the list of points of control available to the public and communicate it to the Commission.
4. Member States shall report any unfavourable result of the laboratory analysis referred to in paragraph 2 through the Rapid Alert System for Food and Feed. They shall report to the Commission on favourable results on a two weeks basis.
5. Member States shall take the necessary measures to ensure that products referred to in paragraph 2, and feed and food products with a high protein content, as appropriate, which are already placed on the market are subject to an appropriate level of controls aimed at ascertaining the level of melamine.
6. Any product found to contain melamine in excess of 2,5 mg/kg product, following controls performed in accordance with paragraphs 2 and 5, shall be destroyed without delay.
7. Member States shall ensure that the costs incurred in the implementation of paragraph 2 are borne by the operators responsible for the import, and that the cost of official measures taken as regards products found not to be in compliance with this Decision are borne by the feed and food business operator responsible for that product.

Prior notification
Article 3
Feed and food business operators or their representatives shall give prior notification to the point of control referred to in Article 2(3) of the estimated date and time of arrival of all consignments originating in or consigned from China of composite products, including feed, containing milk products.

Review of the measures
Article 4
The measures laid down in this Decision shall be regularly reassessed in the light of the results of the controls carried out by the Member States.

Article 5
Decision 2008/757/EC is repealed.

Article 6
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(1), and in particular Article 53(2), second subparagraph, thereof,
(1) Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Community emergency measures for food and feed imported from a third country in order to protect human health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.
(2) The European Commission was recently made aware that high levels of melamine were found in infant milk and other milk products in China. Melamine is a chemical intermediate used in the manufacture of amino resins and plastics and is used as a monomer and as an additive for plastics. High levels of melamine in food can result in very severe health effects.
(3) Imports of milk and milk products, including milk powder, originating from China are not allowed into the Community; however, certain composite products (i.e. products which contain at the same time a processed product of animal origin and a product of non-animal origin) containing processed milk components might have reached the European Union’s markets.
(4) Although factual information available indicates that no composite products are imported which are intended for the particular nutritional uses of infants or young children, certain such composite products, depending of their specific formulation and in particular on the proportion of milk product content, could have been presented for import without undergoing systematic border checks pursuant to Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC(2). Taking into account that such products represent the primary, and in some cases sole, source of nourishment for infants and young children, it is appropriate to prohibit the import into the Community of any such products originating from China. Member States should ensure that any such products which were to be found on the market should be destroyed without delay.
(5) As regards other composite products (such as biscuits and chocolate), which are only a minor part of a varied diet, after a request from the European Commission for an assessment of the risks related to the presence of melamine in composite product, the European Food Safety Authority (EFSA) issued a statement in which it concludes that the highest risk would be represented by a worst case scenario according to which children with high daily consumption of biscuits and chocolate containing the highest proportion of milk powder (which varies between 16 % and more than 20 %), with a contamination equal to the highest level found in milk powder from China, could potentially exceed the tolerable daily intake (TDI) of melamine (0,5 mg/kg body weight).
(6) In order to counter the risk for health that may result from exposure to the melamine content of such composite products, Member States are required under Commission Decision 2008/757/EC(3)to ensure that all composite products containing at least 15 % of milk product, originating from China, are systematically tested before import into the Community and that all such products which are shown to contain melamine in excess of 2,5 mg/kg are immediately destroyed. Melamine from different sources, such as migration from food contact materials, pesticide use, etc. can be present in feed and food. Taking into account the available occurrence data, the level of 2,5 mg/kg is the appropriate level to distinguish between the unavoidable background presence of melamine and unacceptable adulteration. This level responds also to the need to ensure a large margin of safety. Member States have reported significant difficulties in establishing the exact milk or milk product content of composite products. As a consequence, the value of 15 % above is largely devoid of relevance for deciding whether a consignment is subject to control requirements prior to import. In order to streamline and simplify import controls procedures, it is therefore appropriate to establish the requirement of controls irrespective of the exact amount of milk or milk products in the composite products.
(7) Member States should also ensure that composite products which are already present in the Community are appropriately tested and withdrawn from the market if necessary. The costs of tests at import and of official measures taken as regards products found to be non-compliant with the maximum level in question should be borne by the feed and food business operator responsible for the products.
(8) In order for the Commission to be able to reassess appropriateness of these measures in due time, Member States should inform the Commission of unfavourable results through the Rapid Alert System for Food and Feed and should report favourable results on a two weeks basis.
(9) The measure provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
For the purposes of this Decision, references to China shall be intended to the People’s Republic of China.

Control measures

1. Member States shall prohibit the import into the Community of composite products containing milk or milk products, intended for the particular nutritional use of infants and young children within the meaning of Council Directive 89/398/EEC(4)on foods for particular nutritional uses, originating or consigned from China. Member States shall also ensure that any such product found after the entry into force of this Decision on the market shall be immediately withdrawn and destroyed.
2. Member States shall carry out documentary, identity and physical checks, including laboratory analysis, on all consignments originating in or consigned from China of composite products, including feed, containing milk products.
Member States may carry out random checks prior to importing other feed and food products with a high protein content originating from China.
Such checks shall in particular aim at ascertaining that the level of melamine, if any, does not exceed 2,5 mg/kg product. Consignments shall be detained pending the availability of the results of the laboratory analysis.
3. The checks referred to in paragraph 2, first subparagraph, shall be carried out at points of control specifically designated by the Member States for that purpose. Member States shall make the list of points of control available to the public and communicate it to the Commission.
4. Member States shall report any unfavourable result of the laboratory analysis referred to in paragraph 2 through the Rapid Alert System for Food and Feed. They shall report to the Commission on favourable results on a two weeks basis.
5. Member States shall take the necessary measures to ensure that products referred to in paragraph 2, and feed and food products with a high protein content, as appropriate, which are already placed on the market are subject to an appropriate level of controls aimed at ascertaining the level of melamine.
6. Any product found to contain melamine in excess of 2,5 mg/kg product, following controls performed in accordance with paragraphs 2 and 5, shall be destroyed without delay.
7. Member States shall ensure that the costs incurred in the implementation of paragraph 2 are borne by the operators responsible for the import, and that the cost of official measures taken as regards products found not to be in compliance with this Decision are borne by the feed and food business operator responsible for that product.

Prior notification

Feed and food business operators or their representatives shall give prior notification to the point of control referred to in Article 2(3) of the estimated date and time of arrival of all consignments originating in or consigned from China of composite products, including feed, containing milk products.

Review of the measures

The measures laid down in this Decision shall be regularly reassessed in the light of the results of the controls carried out by the Member States.
Decision 2008/757/EC is repealed.
This Decision is addressed to the Member States.

Pending: 32008D0751

23.9.2008 EN Official Journal of the European Union L 255/31
(1) On 26 May 2008 Madagascar requested, in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007, a derogation from the rules of origin set out in that Annex for a period of six months. The request covers a total quantity of 2 000 tonnes of canned tuna and 500 tonnes of tuna loins of HS heading 1604. The request is made because catches and supply of originating raw tuna have decreased in the Indian Ocean.
(2) According to the information provided by Madagascar catches of raw originating tuna were unusually low in the first four months of 2008 even compared to the normal seasonal variations and have led to a decrease in production of preserved tuna. This abnormal situation makes it impossible for Madagascar to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 during a certain period.
(3) In order to ensure that Madagascar may continue its exports to the European Community, following the expiration of the ACP-EC Partnership Agreement(2), a new derogation should be granted.
(4) To ensure smooth transition from the ACP-EC Partnership Agreement to the ESA (Eastern and Southern Africa States)-EU Interim Economic Partnership Agreement a new derogation should be granted with retroactive effect from 1 January 2008.
(5) A temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Community industry taking into account the imports concerned, provided that certain conditions relating to quantities, surveillance and duration are respected.
(6) It is therefore justified to grant a temporary derogation under Article 36(1)(a) of Annex II to Regulation (EC) No 1528/2007.
(7) Madagascar will benefit from an automatic derogation from the rules of origin for canned tuna and tuna loins of HS heading 1604 pursuant to Article 42(8) of the Origin Protocol attached to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States on the one part and the European Community and its Member States on the other part (ESA-EU Interim Partnership Agreement), when that Agreement enters into force or is provisionally applied.
(8) In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the ESA-EU Interim Partnership Agreement, the entry into force or provisional application of which is expected to take place in 2008. The derogation should therefore apply until 31 December 2008, as requested by Madagascar, unless the ESA-EU Interim Partnership Agreement enters into force or is applied provisionally before that date.
(9) In accordance with Article 42(8) of the Origin Protocol attached to the ESA-EU Interim Partnership Agreement, the automatic derogation from the rules of origin is limited to an annual quota of 8 000 tonnes of canned tuna and 2 000 tonnes of tuna loins for the countries having initialled the ESA-EU Interim Economic Partnership Agreement (Comoros, Mauritius, Madagascar, Seychelles and Zimbabwe). Mauritius and Seychelles have already lodged a request for a temporary derogation in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007. It would be inappropriate to grant derogations in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 which exceed the annual quota granted to the ESA region under the ESA-EU Interim Partnership Agreement.
(10) Accordingly a derogation should be granted to Madagascar in respect of 2 000 tonnes of canned tuna and 500 tonnes of tuna loins for a period of one year.
(11) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3)lays down rules relating to the management of tariff quotas. In order to ensure efficient management carried out in close cooperation between the authorities of Madagascar, the customs authorities of the Member States and the Commission, those rules should applymutatis mutandisto the quantities imported under the derogation granted by this Decision.
(12) In order to allow efficient monitoring of the operation of the derogation, the authorities of Madagascar should communicate regularly to the Commission details of the EUR.1 movement certificates issued.
(13) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
Order No CN code Description of goods Period Quantities
09.1645 ex 1604 14 11 , ex 1604 14 18 , ex 1604 20 70 Preserved tuna(1) 1.1.2008 to 31.12.2008 2 000 tonnes
09.1646 1604 14 16 Tuna loins 1.1.2008 to 31.12.2008 500 tonnes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for goods originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements(1), and in particular Article 36(4) of Annex II thereto,
(1) On 26 May 2008 Madagascar requested, in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007, a derogation from the rules of origin set out in that Annex for a period of six months. The request covers a total quantity of 2 000 tonnes of canned tuna and 500 tonnes of tuna loins of HS heading 1604. The request is made because catches and supply of originating raw tuna have decreased in the Indian Ocean.
(2) According to the information provided by Madagascar catches of raw originating tuna were unusually low in the first four months of 2008 even compared to the normal seasonal variations and have led to a decrease in production of preserved tuna. This abnormal situation makes it impossible for Madagascar to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 during a certain period.
(3) In order to ensure that Madagascar may continue its exports to the European Community, following the expiration of the ACP-EC Partnership Agreement(2), a new derogation should be granted.
(4) To ensure smooth transition from the ACP-EC Partnership Agreement to the ESA (Eastern and Southern Africa States)-EU Interim Economic Partnership Agreement a new derogation should be granted with retroactive effect from 1 January 2008.
(5) A temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Community industry taking into account the imports concerned, provided that certain conditions relating to quantities, surveillance and duration are respected.
(6) It is therefore justified to grant a temporary derogation under Article 36(1)(a) of Annex II to Regulation (EC) No 1528/2007.
(7) Madagascar will benefit from an automatic derogation from the rules of origin for canned tuna and tuna loins of HS heading 1604 pursuant to Article 42(8) of the Origin Protocol attached to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States on the one part and the European Community and its Member States on the other part (ESA-EU Interim Partnership Agreement), when that Agreement enters into force or is provisionally applied.
(8) In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the ESA-EU Interim Partnership Agreement, the entry into force or provisional application of which is expected to take place in 2008. The derogation should therefore apply until 31 December 2008, as requested by Madagascar, unless the ESA-EU Interim Partnership Agreement enters into force or is applied provisionally before that date.
(9) In accordance with Article 42(8) of the Origin Protocol attached to the ESA-EU Interim Partnership Agreement, the automatic derogation from the rules of origin is limited to an annual quota of 8 000 tonnes of canned tuna and 2 000 tonnes of tuna loins for the countries having initialled the ESA-EU Interim Economic Partnership Agreement (Comoros, Mauritius, Madagascar, Seychelles and Zimbabwe). Mauritius and Seychelles have already lodged a request for a temporary derogation in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007. It would be inappropriate to grant derogations in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 which exceed the annual quota granted to the ESA region under the ESA-EU Interim Partnership Agreement.
(10) Accordingly a derogation should be granted to Madagascar in respect of 2 000 tonnes of canned tuna and 500 tonnes of tuna loins for a period of one year.
(11) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3)lays down rules relating to the management of tariff quotas. In order to ensure efficient management carried out in close cooperation between the authorities of Madagascar, the customs authorities of the Member States and the Commission, those rules should applymutatis mutandisto the quantities imported under the derogation granted by this Decision.
(12) In order to allow efficient monitoring of the operation of the derogation, the authorities of Madagascar should communicate regularly to the Commission details of the EUR.1 movement certificates issued.
(13) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from Annex II to Regulation (EC) No 1528/2007 and in accordance with Article 36(1)(a) of that Annex, preserved tuna and tuna loins of HS Heading 1604 manufactured from non-originating materials shall be regarded as originating in Madagascar in accordance with the terms set out in Articles 2 to 6 of this Decision.

Article 2
The derogation provided for in Article 1 shall apply to the products and the quantities set out in the Annex which are declared for free circulation into the Community from Madagascar during the period from 1 January 2008 to 31 December 2008.

Article 3
The quantities set out in the Annex to this Decision shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 4
The customs authorities of Madagascar shall take the necessary measures to carry out quantitative checks on exports of the products referred to in Article 1.
To that end, all the EUR.1 movement certificates they issue in relation to those products shall bear a reference to this Decision.
The competent authorities of Madagascar shall forward to the Commission a quarterly statement of the quantities in respect of which EUR.1 movement certificates have been issued pursuant to this Decision and the serial numbers of those certificates.

Article 5
Box 7 of EUR.1 certificates issued under this Decision shall contain the following:
‘Derogation — Decision 2008/751/EC’.

Article 6
This Decision shall apply from 1 January 2008.
It shall apply until the rules of origin set out in Annex II to Regulation (EC) No 1528/2007 are superseded by those annexed to any agreement with Madagascar when that agreement is either provisionally applied, or enters into force, whichever is the earlier, but in any event this Decision shall not apply after 31 December 2008.

Article 7
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for goods originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements(1), and in particular Article 36(4) of Annex II thereto,
(1) On 26 May 2008 Madagascar requested, in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007, a derogation from the rules of origin set out in that Annex for a period of six months. The request covers a total quantity of 2 000 tonnes of canned tuna and 500 tonnes of tuna loins of HS heading 1604. The request is made because catches and supply of originating raw tuna have decreased in the Indian Ocean.
(2) According to the information provided by Madagascar catches of raw originating tuna were unusually low in the first four months of 2008 even compared to the normal seasonal variations and have led to a decrease in production of preserved tuna. This abnormal situation makes it impossible for Madagascar to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 during a certain period.
(3) In order to ensure that Madagascar may continue its exports to the European Community, following the expiration of the ACP-EC Partnership Agreement(2), a new derogation should be granted.
(4) To ensure smooth transition from the ACP-EC Partnership Agreement to the ESA (Eastern and Southern Africa States)-EU Interim Economic Partnership Agreement a new derogation should be granted with retroactive effect from 1 January 2008.
(5) A temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Community industry taking into account the imports concerned, provided that certain conditions relating to quantities, surveillance and duration are respected.
(6) It is therefore justified to grant a temporary derogation under Article 36(1)(a) of Annex II to Regulation (EC) No 1528/2007.
(7) Madagascar will benefit from an automatic derogation from the rules of origin for canned tuna and tuna loins of HS heading 1604 pursuant to Article 42(8) of the Origin Protocol attached to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States on the one part and the European Community and its Member States on the other part (ESA-EU Interim Partnership Agreement), when that Agreement enters into force or is provisionally applied.
(8) In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the ESA-EU Interim Partnership Agreement, the entry into force or provisional application of which is expected to take place in 2008. The derogation should therefore apply until 31 December 2008, as requested by Madagascar, unless the ESA-EU Interim Partnership Agreement enters into force or is applied provisionally before that date.
(9) In accordance with Article 42(8) of the Origin Protocol attached to the ESA-EU Interim Partnership Agreement, the automatic derogation from the rules of origin is limited to an annual quota of 8 000 tonnes of canned tuna and 2 000 tonnes of tuna loins for the countries having initialled the ESA-EU Interim Economic Partnership Agreement (Comoros, Mauritius, Madagascar, Seychelles and Zimbabwe). Mauritius and Seychelles have already lodged a request for a temporary derogation in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007. It would be inappropriate to grant derogations in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 which exceed the annual quota granted to the ESA region under the ESA-EU Interim Partnership Agreement.
(10) Accordingly a derogation should be granted to Madagascar in respect of 2 000 tonnes of canned tuna and 500 tonnes of tuna loins for a period of one year.
(11) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3)lays down rules relating to the management of tariff quotas. In order to ensure efficient management carried out in close cooperation between the authorities of Madagascar, the customs authorities of the Member States and the Commission, those rules should applymutatis mutandisto the quantities imported under the derogation granted by this Decision.
(12) In order to allow efficient monitoring of the operation of the derogation, the authorities of Madagascar should communicate regularly to the Commission details of the EUR.1 movement certificates issued.
(13) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS DECISION:
By way of derogation from Annex II to Regulation (EC) No 1528/2007 and in accordance with Article 36(1)(a) of that Annex, preserved tuna and tuna loins of HS Heading 1604 manufactured from non-originating materials shall be regarded as originating in Madagascar in accordance with the terms set out in Articles 2 to 6 of this Decision.
The derogation provided for in Article 1 shall apply to the products and the quantities set out in the Annex which are declared for free circulation into the Community from Madagascar during the period from 1 January 2008 to 31 December 2008.
The quantities set out in the Annex to this Decision shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
The customs authorities of Madagascar shall take the necessary measures to carry out quantitative checks on exports of the products referred to in Article 1.
To that end, all the EUR.1 movement certificates they issue in relation to those products shall bear a reference to this Decision.
The competent authorities of Madagascar shall forward to the Commission a quarterly statement of the quantities in respect of which EUR.1 movement certificates have been issued pursuant to this Decision and the serial numbers of those certificates.
Box 7 of EUR.1 certificates issued under this Decision shall contain the following:
‘Derogation — Decision 2008/751/EC’.
This Decision shall apply from 1 January 2008.
It shall apply until the rules of origin set out in Annex II to Regulation (EC) No 1528/2007 are superseded by those annexed to any agreement with Madagascar when that agreement is either provisionally applied, or enters into force, whichever is the earlier, but in any event this Decision shall not apply after 31 December 2008.
This Decision is addressed to the Member States.
ANNEXMADAGASCAR
Order No | CN code | Description of goods | Period | Quantities
09.1645 | ex 1604 14 11 , ex 1604 14 18 , ex 1604 20 70 | Preserved tuna(1) | 1.1.2008 to 31.12.2008 | 2 000 tonnes
09.1646 | 1604 14 16 | Tuna loins | 1.1.2008 to 31.12.2008 | 500 tonnes
(1) In any form of packaging whereby the product is considered as preserved within the meaning of HS heading 1604.

Pending: 32008D0721

10.9.2008 EN Official Journal of the European Union L 241/21
(1) Three Scientific Committees were established by Commission Decision 2004/210/EC(1), as amended by Commission Decision 2007/263/EC(2): the Scientific Committee on Consumer Products (SCCP), the Scientific Committee on Health and Environmental Risks (SCHER), the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR).
(2) Certain tasks of the SCHER have been transferred to the European Chemical Agency (ECHA) established by Regulation (EC) No 1907/2006 of the European Parliament and of the Council(3), and therefore the fields of competence of that Committee should be revised.
(3) The experience with the functioning of the three Scientific Committees shows the need to introduce modifications and improvements in the structure and working procedures of the Committees.
(4) The terms of office of the members of three Scientific Committees established by Commission Decision 2004/210/EC was prolonged by Commission Decision 2007/708/EC(4)and come to an end on 31 December 2008. Members of those committees remain in office until they are replaced or their appointments are renewed.
(5) Therefore, and for the sake of clarity, it is necessary to replace Decision 2004/210/EC with a new Decision.
(6) Sound and timely scientific advice is an essential requirement for Commission proposals, decisions and policy relating to consumer safety, public health and the environment. A flexible advisory structure is necessary in that respect, in order to ensure easier access to highly qualified scientific expertise in a wide range of fields.
(7) The scientific advice on matters relating to consumer safety, public health and the environment must be based on the principles of excellence, independence and impartiality, and transparency, as developed in the Commission Communication on ‘The collection and use of expertise by the Commission: principles and guidelines. Improving the knowledge for better policies’(5), and it must be organised in conformity with best practice principles of risk assessment.
(8) It is essential that the Scientific Committees make best use of scientific expertise in the EU and beyond as may be necessary for a specific question. To that aim a pool of Scientific Advisors should be established adequately covering the fields of competence of the Committees.
(9) The reorganisation of the advisory structure must provide increased flexibility to allow it to advise the Commission on matters falling under established areas of competence as well as on emerging and newly identified health risks and matters not within the competence of other Community risk assessment bodies, and must be able to provide rapid advice when needed, ensure full transparency and a high level of consistency and collaboration with other Community bodies and relevant scientific organisations.
(10) The need for independent scientific advice both in established and new areas of Community responsibilities falling within the competence of the Scientific Committees is likely to continue to increase. The scientific advice structure on risk assessment needs therefore to be reinforced, in its composition as well as by more effective working practices.
(11) Various Community bodies have been established which have among their tasks the assessment of risks in various domains. It is necessary to ensure consistency and promote coordination between the Scientific Committees and such bodies. The Scientific Committees need to reinforce their effectiveness also by appropriate exchanges of information and expertise and through collaboration with other scientific bodies and organisation at national and international level.
(12) The working practices of the Scientific Committees should be improved by including, in addition to the internal work, the organisation of scientific meetings and workshops and the establishment of networks.
(13) While preserving full independence, it is important to ensure openness and transparency of the work of the Scientific Committees by establishing appropriate stakeholder dialogue procedures.
(14) The openness and transparency sought in the implementation of this Decision should be ensured while fully respecting the requirements laid down in the Community legislation with regard to the protection of personal data and to the access of the public to documents, including the protection of commercial confidentiality,
(a) the Scientific Committee on Consumer Safety (hereinafter SCCS);
(b) the Scientific Committee on Health and Environmental Risks (hereinafter SCHER);
(c) the Scientific Committee on Emerging and Newly Identified Health Risks (hereinafter SCENIHR);
(d) a Pool of Scientific Advisors on Risk Assessment (hereinafter the Pool), which will support the activities of the Scientific Committees in accordance with the relevant provisions of this Decision.
(a) of particular relevance to consumer safety, public health and the environment; and
(b) not falling within the mandate of other Community bodies.
(a) needs and possibilities for coordination of work and collaboration;
(b) potential or actual divergences in scientific opinions with other relevant Community, national or international bodies carrying out similar tasks, on general or specific risk assessment issues.
(a) the request for opinions addressed to the Scientific Committees;
(b) agendas and minutes of the meetings of the Scientific Committees, Inter-Committee Coordination Group and working groups;
(c) the scientific opinions, and rapid advice adopted by the Scientific Committees, including the minority opinions and the names of the participants in the working groups that contributed to the opinion concerned; minority opinions shall be attributed to the members or advisors concerned;
(d) the common rules of procedures of the Scientific Committees;
(e) the names of the members of the Scientific Committees as well as of the scientific advisors from the Pool, together with a brief curriculum vitae of each member and advisor;
(f) the declarations of interests of the members of the Scientific Committees, of the scientific advisors from the Pool and of the external experts that participated in a working group.
(a) the Scientific Committee on Consumer Safety shall replace the Scientific Committee on Consumer Products;
(b) the Scientific Committee on the Health and Environmental Risks shall replace the Committee of the same name;
(c) the Scientific Committee on Emerging and Newly Identified Health Risks shall replace the Scientific Committee of the same name.
(a) the designation of the Scientific Committee responsible on request for scientific opinions which do not fall within the fields of competence of a single Scientific Committee or which need to be considered by more than one Committee;
(b) the adoption of joint opinions, rapid advice, memoranda and/or position statements;
(c) the procedures for ensuring coordination between the Scientific Committees including matters relating to harmonisation of risk assessment and the functioning of the Inter-Committee Coordination Group;
(a) the election of the Chair and Vice-Chairs of the Scientific Committees;
(b) the procedures for the adoption of opinions:—under normal conditions,—under written procedure under normal conditions, and—under an accelerated, written procedure if the urgency of the matter requires such a procedure; — under normal conditions, — under written procedure under normal conditions, and — under an accelerated, written procedure if the urgency of the matter requires such a procedure;
— under normal conditions,
— under written procedure under normal conditions, and
— under an accelerated, written procedure if the urgency of the matter requires such a procedure;
— under normal conditions,
— under written procedure under normal conditions, and
— under an accelerated, written procedure if the urgency of the matter requires such a procedure;
(c) the procedure for the provision of rapid advice when so requested by the Commission in accordance with Article 2(3); this procedure shall ensure the quality and appropriate endorsement by the Committee of the advice;
(d) the adoption of memoranda and position papers to draw the attention of the Commission to specific or emerging problems;
(a) the creation and organisation of the working groups of the Scientific Committees, including joint working groups;
(b) the association of scientific advisors from the Pool to the activities of the Committees and the involvement of external experts;
(c) the appointment of Rapporteurs and the description of their tasks in relation to the preparation of draft opinions for the Scientific Committees;
(d) the format and content of scientific opinions and procedures for ensuring and improving their coherence as well as the editing standards;
(e) the organisation of, and participation in, meetings, thematic workshops, and networks;
(f) the association of trainees;
(a) the participation criteria and the conditions under which membership of the Committee shall expire;
(b) the implementation of the confidentiality requirements laid down in Article 17;
(c) the responsibilities and obligations of members, associated and other scientific advisors from the Pool and external experts in relation to their contacts with petitioners, special interest groups and other stakeholders;
(d) the conditions and the procedure under which a member of a Committee, an associated or other scientific advisor or an external expert should be excluded from the deliberations and/or the vote on a particular subject in the Committee or in a working group, where there are reasonable doubts on his independence;
(a) procedures for identifying, resolving or clarifying diverging opinions with Community, national and international bodies carrying out similar tasks, including information exchange and the organisation of joint meetings;
(b) representation of a Scientific Committee in external activities, notably in relation to other Community or international bodies engaged in similar activities;
(c) the organisation of the stakeholder dialogue procedure, in particular the organisation of hearings with industry or other special interest groups or other stakeholders;
(d) the publication of scientific opinions and other documents.
for participation at meetings:—EUR 300 for each full day participation or EUR 150 for participation in a morning or afternoon meeting of a Scientific Committee, a working group or at an external meeting attended in connection with the work of a Scientific Committee; — EUR 300 for each full day participation or EUR 150 for participation in a morning or afternoon meeting of a Scientific Committee, a working group or at an external meeting attended in connection with the work of a Scientific Committee;
— EUR 300 for each full day participation or EUR 150 for participation in a morning or afternoon meeting of a Scientific Committee, a working group or at an external meeting attended in connection with the work of a Scientific Committee;
— EUR 300 for each full day participation or EUR 150 for participation in a morning or afternoon meeting of a Scientific Committee, a working group or at an external meeting attended in connection with the work of a Scientific Committee;
for acting as Rapporteur for a question requiring not less than one day of preparation of a draft opinion and with the prior written agreement of the Commission:—EUR 300,—where fully justified and subject to budget availability, this sum may be increased to EUR 600 for questions which are particularly demanding in terms of work load. — EUR 300, — where fully justified and subject to budget availability, this sum may be increased to EUR 600 for questions which are particularly demanding in terms of work load.
— EUR 300,
— where fully justified and subject to budget availability, this sum may be increased to EUR 600 for questions which are particularly demanding in terms of work load.
— EUR 300,
— where fully justified and subject to budget availability, this sum may be increased to EUR 600 for questions which are particularly demanding in terms of work load.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Articles 152 and 153 thereof,
(1) Three Scientific Committees were established by Commission Decision 2004/210/EC(1), as amended by Commission Decision 2007/263/EC(2): the Scientific Committee on Consumer Products (SCCP), the Scientific Committee on Health and Environmental Risks (SCHER), the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR).
(2) Certain tasks of the SCHER have been transferred to the European Chemical Agency (ECHA) established by Regulation (EC) No 1907/2006 of the European Parliament and of the Council(3), and therefore the fields of competence of that Committee should be revised.
(3) The experience with the functioning of the three Scientific Committees shows the need to introduce modifications and improvements in the structure and working procedures of the Committees.
(4) The terms of office of the members of three Scientific Committees established by Commission Decision 2004/210/EC was prolonged by Commission Decision 2007/708/EC(4)and come to an end on 31 December 2008. Members of those committees remain in office until they are replaced or their appointments are renewed.
(5) Therefore, and for the sake of clarity, it is necessary to replace Decision 2004/210/EC with a new Decision.
(6) Sound and timely scientific advice is an essential requirement for Commission proposals, decisions and policy relating to consumer safety, public health and the environment. A flexible advisory structure is necessary in that respect, in order to ensure easier access to highly qualified scientific expertise in a wide range of fields.
(7) The scientific advice on matters relating to consumer safety, public health and the environment must be based on the principles of excellence, independence and impartiality, and transparency, as developed in the Commission Communication on ‘The collection and use of expertise by the Commission: principles and guidelines. Improving the knowledge for better policies’(5), and it must be organised in conformity with best practice principles of risk assessment.
(8) It is essential that the Scientific Committees make best use of scientific expertise in the EU and beyond as may be necessary for a specific question. To that aim a pool of Scientific Advisors should be established adequately covering the fields of competence of the Committees.
(9) The reorganisation of the advisory structure must provide increased flexibility to allow it to advise the Commission on matters falling under established areas of competence as well as on emerging and newly identified health risks and matters not within the competence of other Community risk assessment bodies, and must be able to provide rapid advice when needed, ensure full transparency and a high level of consistency and collaboration with other Community bodies and relevant scientific organisations.
(10) The need for independent scientific advice both in established and new areas of Community responsibilities falling within the competence of the Scientific Committees is likely to continue to increase. The scientific advice structure on risk assessment needs therefore to be reinforced, in its composition as well as by more effective working practices.
(11) Various Community bodies have been established which have among their tasks the assessment of risks in various domains. It is necessary to ensure consistency and promote coordination between the Scientific Committees and such bodies. The Scientific Committees need to reinforce their effectiveness also by appropriate exchanges of information and expertise and through collaboration with other scientific bodies and organisation at national and international level.
(12) The working practices of the Scientific Committees should be improved by including, in addition to the internal work, the organisation of scientific meetings and workshops and the establishment of networks.
(13) While preserving full independence, it is important to ensure openness and transparency of the work of the Scientific Committees by establishing appropriate stakeholder dialogue procedures.
(14) The openness and transparency sought in the implementation of this Decision should be ensured while fully respecting the requirements laid down in the Community legislation with regard to the protection of personal data and to the access of the public to documents, including the protection of commercial confidentiality,
HAS DECIDED AS FOLLOWS:

The advisory structure and its fields of competence
Article 1
1. An advisory structure on scientific risk assessment in the areas of consumer safety, public health and the environment is hereby established. This structure includes:
(a)
the Scientific Committee on Consumer Safety (hereinafter SCCS);
(b)
the Scientific Committee on Health and Environmental Risks (hereinafter SCHER);
(c)
the Scientific Committee on Emerging and Newly Identified Health Risks (hereinafter SCENIHR);
(d)
a Pool of Scientific Advisors on Risk Assessment (hereinafter the Pool), which will support the activities of the Scientific Committees in accordance with the relevant provisions of this Decision.
2. The fields of competence of the advisory structure shall be as set out in Annex I, without prejudice to the competencies conferred by Community legislation to other Community bodies undertaking risk assessment, such as, in particular, the European Food Safety Authority, the European Medicines Agency, the European Chemical Agency and the European Centre for Disease Control.

Mission
Article 2
1. The Commission shall request a scientific opinion from the Scientific Committees in the cases laid down by Community law.
2. The Commission may also request an opinion from the Committees on questions:
(a)
of particular relevance to consumer safety, public health and the environment; and
(b)
not falling within the mandate of other Community bodies.
3. The Commission may also request the Scientific Committees to provide rapid advice on the state of scientific knowledge concerning specific risks in case of urgent needs.
4. The Commission may invite a Scientific Committee to identify research needs and assess research results in relation to the subject areas covered by its fields of competence.
5. At the request of the Commission, or acting on their own initiative and in agreement with the Commission, the Scientific Committees may decide to set up thematic workshops in order to review data and scientific knowledge on particular risks or on broad risk assessment issues. At the request of the Commission, they shall produce reports, position papers or conclusions resulting from these workshops.
These workshops may involve, in addition to members of the Committees, scientific advisors from the Pool and external experts, including experts from Community, national or international bodies carrying out similar tasks, as appropriate.
These workshops shall be organised by the Secretariat of the Scientific Committees. The Secretariat shall define and ensure, where appropriate, the dissemination of the reports, position papers or conclusions resulting from the workshops.
6. The Commission may invite the Scientific Committees to be part of thematic networks with other Community bodies or scientific organisations, in order to monitor and contribute to the development of scientific knowledge on risks in the fields of competence defined in Annex I.
7. The Scientific Committees shall draw the Commission’s attention to a specific or emerging problem falling within their remit, which they consider may pose an actual or potential risk to consumer safety, public health or the environment, by adopting and addressing to the Commission memoranda or position statements. The Commission may decide to publish such memoranda and statements and shall determine the action to be taken including, if appropriate, a request for a scientific opinion on the matter.

Appointment of the members of the Scientific Committees
Article 3
1. The SCCS, the SCHER and the SCENIHR shall each consist of a maximum of 17 members and may associate, at their own initiative, up to 5 scientific advisors from the Pool to contribute to the Committee work on specific issues or disciplines.
2. The members of the Scientific Committees shall be appointed by the Commission on the basis of their expertise and consistent with this a geographical distribution that reflects the diversity of scientific problems and approaches, notably in Europe. The Commission shall determine the number of members of each Committee in accordance with the requisite needs.
The members of each Scientific Committee shall be experts in one or more of the fields of competence of that Committee and shall collectively cover the widest possible range of disciplines.
3. The Commission shall appoint the members of the Scientific Committees from a list of suitable candidates established following publication in theOfficial Journal of the European Unionand on the Commission website of a call for expressions of interest.
4. No member of a Scientific Committee may be appointed to more than one of the Committees set out in Article 1(1).

Establishment of the Pool
Article 4
1. The Pool shall consist of scientific advisors who are experts in one or more of the fields of competence defined in Annex I or on related subjects, covering collectively the widest possible range of disciplines.
2. The Commission shall appoint scientific advisors to the Pool from a list of suitable candidates established following publication in theOfficial Journal of the European Unionand on the Commission website of a call for expressions of interest.
3. The number of scientific advisors in the Pool at any time shall be decided by the Commission based on its needs for scientific advice.

Terms of office
Article 5
1. Members of the Scientific Committees shall be appointed for a term of three years, and may not serve for more than three consecutive terms in the same Committee. They shall remain in office until they are replaced or their appointments are renewed.
In order to safeguard the continuity of the expertise, the Commission may, in exceptional circumstances, prolong the terms of office of the members of a Scientific Committee for a period not exceeding 18 months.
Members who have just completed three consecutive terms of office in a Scientific Committee shall be eligible for membership of another Scientific Committee.
2. When a member does not comply with the participation criteria which shall be laid down in the rules of procedures referred to in Article 12, or wishes to resign, the Commission may terminate the member’s membership and appoint a replacement from the Pool.
3. Scientific advisors shall be appointed to the Pool for a period of five years and their appointment may be renewed.

Resort to the support of the Pool
Article 6
1. Each Scientific Committee may decide to associate up to five scientific advisors from the Pool to the preparation of a scientific opinion. These associated members shall participate in the activities and deliberations concerning the subject considered with the same functions, responsibilities and rights as the members of the Committee concerned.
2. In addition, each Scientific Committee may decide to invite other scientific advisors from the Pool to the preparation of a scientific opinion. Those advisors shall participate in the activities concerning the subject considered, but their functions and responsibility are restricted to the preparation of the opinion.
3. Scientific advisors from the Pool may also be invited by the Scientific Committees to assist them in the provision of a rapid advice requested by the Commission in accordance with Article 2(3), or to participate in thematic workshops referred to in Article 2(5).
4. Scientific advisors from the Pool may be invited by the Commission to participate in scientific meetings or to provide the Commission services withad hocinformation on specific issues.

Working groups
Article 7
1. The Scientific Committees may create specific working groups the task of which shall consist of preparing and drafting their scientific opinions. These working groups shall be established in particular when there is a need for external expertise on a particular subject.
2. In agreement with the Commission, the Scientific Committees may invite associated members, other scientific advisors from the Pool, specialised external experts, as well as experts from other Community bodies that they consider to have the relevant scientific knowledge and expertise, to contribute to their work.
3. The working groups shall be chaired by a member of the Scientific Committee that convenes them and shall report to it, and may appoint a Rapporteur from among their participants. For particularly complex questions of a multidisciplinary nature, more than one Rapporteur may be appointed.
4. When a question is common to more than one Scientific Committee, a joint working group including members from the Committees concerned, as well as associated members, scientific advisors from the Pool and external experts as necessary, shall be set up.

Participation of trainees
Article 8
In agreement with the Commission and in accordance with the rules of procedure referred to in Article 12, the Scientific Committees may admit trainees to attend their meetings, with a view to contribute to capacity building in the area of risk assessment.

Special requirements
Article 9
1. The Commission may require the adoption of a scientific opinion from a Scientific Committee within a specified period.
2. The Commission may require the adoption of a joint opinion on questions which do not fall within the fields of competence of a single Scientific Committee or which need to be considered by more than one Committee. A joint opinion, following a request for an opinion from the Commission, may also be adopted by Scientific Committees at the initiative of the Inter-Committee Coordination Group referred to in Article 11.
3. The Commission may define in the request for a scientific opinion the consultations, hearings or collaboration with other scientific bodies it deems necessary for the preparation of this opinion. Consultations and hearings may also be decided by a Committee, in agreement with the Commission, if considered necessary for completing an opinion.
4. A Scientific Committee may require additional information from stakeholders for the completion of a scientific opinion. A Scientific Committee may give a deadline for submitting the required information to it. In such a case, the Scientific Committee may decide to suspend its work on the scientific opinion in question. If the required information has not been submitted within that deadline, the Committee may adopt its opinion on the basis of the available information.

Election of the Chairs and Vice-Chairs
Article 10
1. Each Scientific Committee shall elect a Chair and two Vice-Chairs from among their members. The election shall take place by simple majority of the members of the Committee. The term of office of the Chair and Vice-Chair shall be three years, renewable.
2. The procedure for the election of the Chair and Vice-Chairs of the Scientific Committees shall be laid down in the rules of procedures referred to in Article 12.

Coordination of the Scientific Committees
Article 11
An Inter-Committee Coordination Group (ICCG) composed of the Chairs and Vice-Chairs of the Scientific Committees shall ensure the coordination of the three Scientific Committees in accordance with the rules of procedures referred to in Article 12.

Rules of procedures
Article 12
1. On proposal by and in agreement with the Commission, the Scientific Committees shall adopt common rules of procedures.
2. The rules of procedures shall ensure that the Scientific Committees perform their tasks in compliance with the principles of excellence, independence and transparency, whilst having regard to legitimate requests for commercial confidentiality as well as to the risk assessment principles which may be established by the Commission in light of the experience and in view of its policy in this area.
3. The rules of procedures shall cover in particular the subjects listed in Annex II.

Voting rules
Article 13
1. The Scientific Committees shall adopt their opinions, rapid advice, memoranda and/or position statements by a majority of the total number of members of the Committee concerned combined with the number of associated members.
2. Each Scientific Committee shall act by a majority of its members on all other issues.
3. Those members of a Committee who have resigned or whose membership has been terminated in accordance with Article 5(2) shall not be taken into account for the calculation of the majority for the implementation of paragraphs 1 and 2.

Diverging opinions, coordination and collaboration with other Community, national or international bodies
Article 14
1. The Scientific Committees shall assist the Commission and contribute to identifying at an early stage:
(a)
needs and possibilities for coordination of work and collaboration;
(b)
potential or actual divergences in scientific opinions with other relevant Community, national or international bodies carrying out similar tasks, on general or specific risk assessment issues.
They shall assist the Commission in avoiding, resolving or clarifying divergent opinions and in establishing and maintaining collaboration relationships with such bodies.
2. The Commission may take the initiative to request and organise joint work of the Scientific Committees with Community, national or international bodies carrying out similar tasks. It may in particular request the Scientific Committees to produce joint opinions with other Community bodies, upon agreement with such bodies.
3. Where a substantive divergence over scientific issues has been identified and the body in question is a Community body, the Scientific Committee concerned shall, on the request of the Commission, cooperate with the body concerned with a view to either resolving the divergence or presenting a joint document to the Commission clarifying the contentious scientific issues and identifying the relevant uncertainties in the data. This document shall be made public.

Independence
Article 15
1. The Members of the Scientific Committees, associated members, other scientific advisors of the Pool and the external experts shall be nominated in a personal capacity. They shall not delegate their responsibilities to any other person.
2. Members of the Scientific Committees and, scientific advisors of the Pool, and the external experts participating in working groups shall undertake to act independently of any external influence.
For that purpose they shall make a declaration of commitment to act in the public interest and a declaration of interests indicating either the absence or existence of any direct or indirect interest which might be considered prejudicial to their independence.
These declarations shall be made in writing. Members of the Scientific Committees and scientific advisors from the Pool shall make annual declarations.
3. Members of the Scientific Committees, associated members and other scientific advisors, and the external experts participating in working groups shall declare at each meeting any specific interest which might be considered as prejudicial to their independence in relation to the items on the agenda.

Transparency
Article 16
1. The activities of the Scientific Committees shall be carried out with a high level of transparency. The Commission shall in particular make available to the public on its website, without undue delay:
(a)
the request for opinions addressed to the Scientific Committees;
(b)
agendas and minutes of the meetings of the Scientific Committees, Inter-Committee Coordination Group and working groups;
(c)
the scientific opinions, and rapid advice adopted by the Scientific Committees, including the minority opinions and the names of the participants in the working groups that contributed to the opinion concerned; minority opinions shall be attributed to the members or advisors concerned;
(d)
the common rules of procedures of the Scientific Committees;
(e)
the names of the members of the Scientific Committees as well as of the scientific advisors from the Pool, together with a brief curriculum vitae of each member and advisor;
(f)
the declarations of interests of the members of the Scientific Committees, of the scientific advisors from the Pool and of the external experts that participated in a working group.
2. The transparency rules referred to in paragraph 1 shall be applied in accordance with the requirements of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(6)(EC), and of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(7), especially with regard to commercial confidentiality.

Confidentiality
Article 17
The members of the Scientific Committees, scientific advisors, external experts and trainees shall not divulge information acquired as a result of the work of the Scientific Committees, thematic workshops, working groups or other activities related to the application of this Decision, when they are informed that it is confidential.

Secretariat of the Commission’s Scientific Committees
Article 18
1. The Scientific Committees and their working groups, the ICCG as well as other meetings, workshops or events related to the application of this Decision shall be convened by the Commission.
2. The Commission shall provide the scientific and administrative secretariat for the Scientific Committees and their working groups as well as for all other activities related to the application of this Decision.
3. The secretariat shall be responsible for providing scientific and administrative support necessary to facilitate the efficient functioning of the Scientific Committees, to monitor compliance with the rules of procedure, particularly in relation to the requirements for excellence, independence and transparency, to ensure communication on the Committees’ activities and the appropriate stakeholder dialogue, including in particular organisation of hearings on the activities of the Committees, and publication of the opinions and other public documents. Moreover, the secretariat shall provide support to the Committees and organise and apply quality control of the opinions, as provided for in the rules of procedure, as far as completeness, consistency, clarity, correspondence with requests and with editorial standards are concerned.
4. The secretariat shall ensure the scientific and technical coordination of the activities of the Scientific Committees and where necessary coordination of their activities with those of other Community, national and international bodies, as well as the application of the stakeholder dialogue procedure set up in the rules of procedure and the communication on the activities of the Committees.

Reimbursements and indemnities
Article 19
Members of the Scientific Committees, scientific advisors from the Pool and external experts shall be entitled to an indemnity for their participation in the meetings of the Committees, thematic workshops, working groups and other meetings and events organised by the Commission, and for serving as Rapporteur on a specific question, as provided for in Annex III.
Reimbursement of travel and subsistence costs shall be paid by the Commission.

Replacement of the Scientific Committees
Article 20
The Scientific Committees established by Article 1(1) of this Decision shall replace the existing Scientific Committees established by Decision 2004/210/EC as follows:
(a)
the Scientific Committee on Consumer Safety shall replace the Scientific Committee on Consumer Products;
(b)
the Scientific Committee on the Health and Environmental Risks shall replace the Committee of the same name;
(c)
the Scientific Committee on Emerging and Newly Identified Health Risks shall replace the Scientific Committee of the same name.

Repeals
Article 21
1. Decision 2004/210/EC is repealed.
However, the three Committees established by that decision shall remain in office until the Scientific Committees established by this Decision take office.
2. References to the repealed decision shall be understood as applicable to this Decision; references to the Committees established by the repealed decision shall be understood as applicable to the Committees established by this Decision.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Articles 152 and 153 thereof,
(1) Three Scientific Committees were established by Commission Decision 2004/210/EC(1), as amended by Commission Decision 2007/263/EC(2): the Scientific Committee on Consumer Products (SCCP), the Scientific Committee on Health and Environmental Risks (SCHER), the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR).
(2) Certain tasks of the SCHER have been transferred to the European Chemical Agency (ECHA) established by Regulation (EC) No 1907/2006 of the European Parliament and of the Council(3), and therefore the fields of competence of that Committee should be revised.
(3) The experience with the functioning of the three Scientific Committees shows the need to introduce modifications and improvements in the structure and working procedures of the Committees.
(4) The terms of office of the members of three Scientific Committees established by Commission Decision 2004/210/EC was prolonged by Commission Decision 2007/708/EC(4)and come to an end on 31 December 2008. Members of those committees remain in office until they are replaced or their appointments are renewed.
(5) Therefore, and for the sake of clarity, it is necessary to replace Decision 2004/210/EC with a new Decision.
(6) Sound and timely scientific advice is an essential requirement for Commission proposals, decisions and policy relating to consumer safety, public health and the environment. A flexible advisory structure is necessary in that respect, in order to ensure easier access to highly qualified scientific expertise in a wide range of fields.
(7) The scientific advice on matters relating to consumer safety, public health and the environment must be based on the principles of excellence, independence and impartiality, and transparency, as developed in the Commission Communication on ‘The collection and use of expertise by the Commission: principles and guidelines. Improving the knowledge for better policies’(5), and it must be organised in conformity with best practice principles of risk assessment.
(8) It is essential that the Scientific Committees make best use of scientific expertise in the EU and beyond as may be necessary for a specific question. To that aim a pool of Scientific Advisors should be established adequately covering the fields of competence of the Committees.
(9) The reorganisation of the advisory structure must provide increased flexibility to allow it to advise the Commission on matters falling under established areas of competence as well as on emerging and newly identified health risks and matters not within the competence of other Community risk assessment bodies, and must be able to provide rapid advice when needed, ensure full transparency and a high level of consistency and collaboration with other Community bodies and relevant scientific organisations.
(10) The need for independent scientific advice both in established and new areas of Community responsibilities falling within the competence of the Scientific Committees is likely to continue to increase. The scientific advice structure on risk assessment needs therefore to be reinforced, in its composition as well as by more effective working practices.
(11) Various Community bodies have been established which have among their tasks the assessment of risks in various domains. It is necessary to ensure consistency and promote coordination between the Scientific Committees and such bodies. The Scientific Committees need to reinforce their effectiveness also by appropriate exchanges of information and expertise and through collaboration with other scientific bodies and organisation at national and international level.
(12) The working practices of the Scientific Committees should be improved by including, in addition to the internal work, the organisation of scientific meetings and workshops and the establishment of networks.
(13) While preserving full independence, it is important to ensure openness and transparency of the work of the Scientific Committees by establishing appropriate stakeholder dialogue procedures.
(14) The openness and transparency sought in the implementation of this Decision should be ensured while fully respecting the requirements laid down in the Community legislation with regard to the protection of personal data and to the access of the public to documents, including the protection of commercial confidentiality,
HAS DECIDED AS FOLLOWS:

The advisory structure and its fields of competence

1. An advisory structure on scientific risk assessment in the areas of consumer safety, public health and the environment is hereby established. This structure includes:
(a)
the Scientific Committee on Consumer Safety (hereinafter SCCS);
(b)
the Scientific Committee on Health and Environmental Risks (hereinafter SCHER);
(c)
the Scientific Committee on Emerging and Newly Identified Health Risks (hereinafter SCENIHR);
(d)
a Pool of Scientific Advisors on Risk Assessment (hereinafter the Pool), which will support the activities of the Scientific Committees in accordance with the relevant provisions of this Decision.
2. The fields of competence of the advisory structure shall be as set out in Annex I, without prejudice to the competencies conferred by Community legislation to other Community bodies undertaking risk assessment, such as, in particular, the European Food Safety Authority, the European Medicines Agency, the European Chemical Agency and the European Centre for Disease Control.

Mission

1. The Commission shall request a scientific opinion from the Scientific Committees in the cases laid down by Community law.
2. The Commission may also request an opinion from the Committees on questions:
(a)
of particular relevance to consumer safety, public health and the environment; and
(b)
not falling within the mandate of other Community bodies.
3. The Commission may also request the Scientific Committees to provide rapid advice on the state of scientific knowledge concerning specific risks in case of urgent needs.
4. The Commission may invite a Scientific Committee to identify research needs and assess research results in relation to the subject areas covered by its fields of competence.
5. At the request of the Commission, or acting on their own initiative and in agreement with the Commission, the Scientific Committees may decide to set up thematic workshops in order to review data and scientific knowledge on particular risks or on broad risk assessment issues. At the request of the Commission, they shall produce reports, position papers or conclusions resulting from these workshops.
These workshops may involve, in addition to members of the Committees, scientific advisors from the Pool and external experts, including experts from Community, national or international bodies carrying out similar tasks, as appropriate.
These workshops shall be organised by the Secretariat of the Scientific Committees. The Secretariat shall define and ensure, where appropriate, the dissemination of the reports, position papers or conclusions resulting from the workshops.
6. The Commission may invite the Scientific Committees to be part of thematic networks with other Community bodies or scientific organisations, in order to monitor and contribute to the development of scientific knowledge on risks in the fields of competence defined in Annex I.
7. The Scientific Committees shall draw the Commission’s attention to a specific or emerging problem falling within their remit, which they consider may pose an actual or potential risk to consumer safety, public health or the environment, by adopting and addressing to the Commission memoranda or position statements. The Commission may decide to publish such memoranda and statements and shall determine the action to be taken including, if appropriate, a request for a scientific opinion on the matter.

Appointment of the members of the Scientific Committees

1. The SCCS, the SCHER and the SCENIHR shall each consist of a maximum of 17 members and may associate, at their own initiative, up to 5 scientific advisors from the Pool to contribute to the Committee work on specific issues or disciplines.
2. The members of the Scientific Committees shall be appointed by the Commission on the basis of their expertise and consistent with this a geographical distribution that reflects the diversity of scientific problems and approaches, notably in Europe. The Commission shall determine the number of members of each Committee in accordance with the requisite needs.
The members of each Scientific Committee shall be experts in one or more of the fields of competence of that Committee and shall collectively cover the widest possible range of disciplines.
3. The Commission shall appoint the members of the Scientific Committees from a list of suitable candidates established following publication in theOfficial Journal of the European Unionand on the Commission website of a call for expressions of interest.
4. No member of a Scientific Committee may be appointed to more than one of the Committees set out in Article 1(1).

Establishment of the Pool

1. The Pool shall consist of scientific advisors who are experts in one or more of the fields of competence defined in Annex I or on related subjects, covering collectively the widest possible range of disciplines.
2. The Commission shall appoint scientific advisors to the Pool from a list of suitable candidates established following publication in theOfficial Journal of the European Unionand on the Commission website of a call for expressions of interest.
3. The number of scientific advisors in the Pool at any time shall be decided by the Commission based on its needs for scientific advice.

Terms of office

1. Members of the Scientific Committees shall be appointed for a term of three years, and may not serve for more than three consecutive terms in the same Committee. They shall remain in office until they are replaced or their appointments are renewed.
In order to safeguard the continuity of the expertise, the Commission may, in exceptional circumstances, prolong the terms of office of the members of a Scientific Committee for a period not exceeding 18 months.
Members who have just completed three consecutive terms of office in a Scientific Committee shall be eligible for membership of another Scientific Committee.
2. When a member does not comply with the participation criteria which shall be laid down in the rules of procedures referred to in Article 12, or wishes to resign, the Commission may terminate the member’s membership and appoint a replacement from the Pool.
3. Scientific advisors shall be appointed to the Pool for a period of five years and their appointment may be renewed.

Resort to the support of the Pool

1. Each Scientific Committee may decide to associate up to five scientific advisors from the Pool to the preparation of a scientific opinion. These associated members shall participate in the activities and deliberations concerning the subject considered with the same functions, responsibilities and rights as the members of the Committee concerned.
2. In addition, each Scientific Committee may decide to invite other scientific advisors from the Pool to the preparation of a scientific opinion. Those advisors shall participate in the activities concerning the subject considered, but their functions and responsibility are restricted to the preparation of the opinion.
3. Scientific advisors from the Pool may also be invited by the Scientific Committees to assist them in the provision of a rapid advice requested by the Commission in accordance with Article 2(3), or to participate in thematic workshops referred to in Article 2(5).
4. Scientific advisors from the Pool may be invited by the Commission to participate in scientific meetings or to provide the Commission services withad hocinformation on specific issues.

Working groups

1. The Scientific Committees may create specific working groups the task of which shall consist of preparing and drafting their scientific opinions. These working groups shall be established in particular when there is a need for external expertise on a particular subject.
2. In agreement with the Commission, the Scientific Committees may invite associated members, other scientific advisors from the Pool, specialised external experts, as well as experts from other Community bodies that they consider to have the relevant scientific knowledge and expertise, to contribute to their work.
3. The working groups shall be chaired by a member of the Scientific Committee that convenes them and shall report to it, and may appoint a Rapporteur from among their participants. For particularly complex questions of a multidisciplinary nature, more than one Rapporteur may be appointed.
4. When a question is common to more than one Scientific Committee, a joint working group including members from the Committees concerned, as well as associated members, scientific advisors from the Pool and external experts as necessary, shall be set up.

Participation of trainees

In agreement with the Commission and in accordance with the rules of procedure referred to in Article 12, the Scientific Committees may admit trainees to attend their meetings, with a view to contribute to capacity building in the area of risk assessment.

Special requirements

1. The Commission may require the adoption of a scientific opinion from a Scientific Committee within a specified period.
2. The Commission may require the adoption of a joint opinion on questions which do not fall within the fields of competence of a single Scientific Committee or which need to be considered by more than one Committee. A joint opinion, following a request for an opinion from the Commission, may also be adopted by Scientific Committees at the initiative of the Inter-Committee Coordination Group referred to in Article 11.
3. The Commission may define in the request for a scientific opinion the consultations, hearings or collaboration with other scientific bodies it deems necessary for the preparation of this opinion. Consultations and hearings may also be decided by a Committee, in agreement with the Commission, if considered necessary for completing an opinion.
4. A Scientific Committee may require additional information from stakeholders for the completion of a scientific opinion. A Scientific Committee may give a deadline for submitting the required information to it. In such a case, the Scientific Committee may decide to suspend its work on the scientific opinion in question. If the required information has not been submitted within that deadline, the Committee may adopt its opinion on the basis of the available information.

Election of the Chairs and Vice-Chairs

1. Each Scientific Committee shall elect a Chair and two Vice-Chairs from among their members. The election shall take place by simple majority of the members of the Committee. The term of office of the Chair and Vice-Chair shall be three years, renewable.
2. The procedure for the election of the Chair and Vice-Chairs of the Scientific Committees shall be laid down in the rules of procedures referred to in Article 12.

Coordination of the Scientific Committees

An Inter-Committee Coordination Group (ICCG) composed of the Chairs and Vice-Chairs of the Scientific Committees shall ensure the coordination of the three Scientific Committees in accordance with the rules of procedures referred to in Article 12.

Rules of procedures

1. On proposal by and in agreement with the Commission, the Scientific Committees shall adopt common rules of procedures.
2. The rules of procedures shall ensure that the Scientific Committees perform their tasks in compliance with the principles of excellence, independence and transparency, whilst having regard to legitimate requests for commercial confidentiality as well as to the risk assessment principles which may be established by the Commission in light of the experience and in view of its policy in this area.
3. The rules of procedures shall cover in particular the subjects listed in Annex II.

Voting rules

1. The Scientific Committees shall adopt their opinions, rapid advice, memoranda and/or position statements by a majority of the total number of members of the Committee concerned combined with the number of associated members.
2. Each Scientific Committee shall act by a majority of its members on all other issues.
3. Those members of a Committee who have resigned or whose membership has been terminated in accordance with Article 5(2) shall not be taken into account for the calculation of the majority for the implementation of paragraphs 1 and 2.

Diverging opinions, coordination and collaboration with other Community, national or international bodies

1. The Scientific Committees shall assist the Commission and contribute to identifying at an early stage:
(a)
needs and possibilities for coordination of work and collaboration;
(b)
potential or actual divergences in scientific opinions with other relevant Community, national or international bodies carrying out similar tasks, on general or specific risk assessment issues.
They shall assist the Commission in avoiding, resolving or clarifying divergent opinions and in establishing and maintaining collaboration relationships with such bodies.
2. The Commission may take the initiative to request and organise joint work of the Scientific Committees with Community, national or international bodies carrying out similar tasks. It may in particular request the Scientific Committees to produce joint opinions with other Community bodies, upon agreement with such bodies.
3. Where a substantive divergence over scientific issues has been identified and the body in question is a Community body, the Scientific Committee concerned shall, on the request of the Commission, cooperate with the body concerned with a view to either resolving the divergence or presenting a joint document to the Commission clarifying the contentious scientific issues and identifying the relevant uncertainties in the data. This document shall be made public.

Independence

1. The Members of the Scientific Committees, associated members, other scientific advisors of the Pool and the external experts shall be nominated in a personal capacity. They shall not delegate their responsibilities to any other person.
2. Members of the Scientific Committees and, scientific advisors of the Pool, and the external experts participating in working groups shall undertake to act independently of any external influence.
For that purpose they shall make a declaration of commitment to act in the public interest and a declaration of interests indicating either the absence or existence of any direct or indirect interest which might be considered prejudicial to their independence.
These declarations shall be made in writing. Members of the Scientific Committees and scientific advisors from the Pool shall make annual declarations.
3. Members of the Scientific Committees, associated members and other scientific advisors, and the external experts participating in working groups shall declare at each meeting any specific interest which might be considered as prejudicial to their independence in relation to the items on the agenda.

Transparency

1. The activities of the Scientific Committees shall be carried out with a high level of transparency. The Commission shall in particular make available to the public on its website, without undue delay:
(a)
the request for opinions addressed to the Scientific Committees;
(b)
agendas and minutes of the meetings of the Scientific Committees, Inter-Committee Coordination Group and working groups;
(c)
the scientific opinions, and rapid advice adopted by the Scientific Committees, including the minority opinions and the names of the participants in the working groups that contributed to the opinion concerned; minority opinions shall be attributed to the members or advisors concerned;
(d)
the common rules of procedures of the Scientific Committees;
(e)
the names of the members of the Scientific Committees as well as of the scientific advisors from the Pool, together with a brief curriculum vitae of each member and advisor;
(f)
the declarations of interests of the members of the Scientific Committees, of the scientific advisors from the Pool and of the external experts that participated in a working group.
2. The transparency rules referred to in paragraph 1 shall be applied in accordance with the requirements of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(6)(EC), and of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(7), especially with regard to commercial confidentiality.

Confidentiality

The members of the Scientific Committees, scientific advisors, external experts and trainees shall not divulge information acquired as a result of the work of the Scientific Committees, thematic workshops, working groups or other activities related to the application of this Decision, when they are informed that it is confidential.

Secretariat of the Commission’s Scientific Committees

1. The Scientific Committees and their working groups, the ICCG as well as other meetings, workshops or events related to the application of this Decision shall be convened by the Commission.
2. The Commission shall provide the scientific and administrative secretariat for the Scientific Committees and their working groups as well as for all other activities related to the application of this Decision.
3. The secretariat shall be responsible for providing scientific and administrative support necessary to facilitate the efficient functioning of the Scientific Committees, to monitor compliance with the rules of procedure, particularly in relation to the requirements for excellence, independence and transparency, to ensure communication on the Committees’ activities and the appropriate stakeholder dialogue, including in particular organisation of hearings on the activities of the Committees, and publication of the opinions and other public documents. Moreover, the secretariat shall provide support to the Committees and organise and apply quality control of the opinions, as provided for in the rules of procedure, as far as completeness, consistency, clarity, correspondence with requests and with editorial standards are concerned.
4. The secretariat shall ensure the scientific and technical coordination of the activities of the Scientific Committees and where necessary coordination of their activities with those of other Community, national and international bodies, as well as the application of the stakeholder dialogue procedure set up in the rules of procedure and the communication on the activities of the Committees.

Reimbursements and indemnities

Members of the Scientific Committees, scientific advisors from the Pool and external experts shall be entitled to an indemnity for their participation in the meetings of the Committees, thematic workshops, working groups and other meetings and events organised by the Commission, and for serving as Rapporteur on a specific question, as provided for in Annex III.
Reimbursement of travel and subsistence costs shall be paid by the Commission.

Replacement of the Scientific Committees

The Scientific Committees established by Article 1(1) of this Decision shall replace the existing Scientific Committees established by Decision 2004/210/EC as follows:
(a)
the Scientific Committee on Consumer Safety shall replace the Scientific Committee on Consumer Products;
(b)
the Scientific Committee on the Health and Environmental Risks shall replace the Committee of the same name;
(c)
the Scientific Committee on Emerging and Newly Identified Health Risks shall replace the Scientific Committee of the same name.

Repeals

1. Decision 2004/210/EC is repealed.
However, the three Committees established by that decision shall remain in office until the Scientific Committees established by this Decision take office.
2. References to the repealed decision shall be understood as applicable to this Decision; references to the Committees established by the repealed decision shall be understood as applicable to the Committees established by this Decision.

FIELD OF COMPETENCE

ANNEX I1. Scientific Committee on Consumer SafetyIt shall provide opinions on questions concerning all types of health and safety risks (notably chemical, biological, mechanical and other physical risks) of non-food consumer products (for example: cosmetic products and their ingredients, toys, textiles, clothing, personal care and household products such as detergents, etc.) and services (for example: tattooing, artificial sun tanning, etc.).
2. Scientific Committee on Health and Environmental RisksIt shall provide opinions on health and environmental risks related to pollutants in the environmental media and other biological and physical factors or changing physical conditions which may have a negative impact on health and the environment, for example in relation to air quality, waters, waste and soils, as well as on life cycle environmental assessment. It shall also address health and safety issues related to the toxicity and eco-toxicity of biocides.
Without prejudice to the competences conferred on the European Chemical Agency (ECHA), Scientific Committee on Consumer Safety (SCCS) and other European risk assessment agencies, it may also be invited by the Commission to address, notably in collaboration with other European agencies and in particular ECHA, questions relating to examination of the toxicity and eco-toxicity of chemical, biochemical and biological compounds whose use may have harmful consequences for human health and the environment. In addition, the Committee will address questions relating to methodological aspect of the assessment of health and environmental risks of chemicals, including mixtures of chemicals, as necessary for providing sound and consistent advice in its own areas of competence as well as in order to contribute to the relevant issues in close cooperation with other European agencies.
3. The Scientific Committee on Emerging and Newly Identified Health RisksIt shall provide opinions on questions concerning emerging or newly identified health and environmental risks and on broad, complex or multidisciplinary issues requiring a comprehensive assessment of risks to consumer safety or public health and related issues not covered by other Community risk assessment bodies.
Examples of potential areas of activity include potential risks associated with interaction of risk factors, synergic effects, cumulative effects, antimicrobial resistance, new technologies such as nanotechnologies, medical devices including those incorporating substances of animal and/or human origin, tissue engineering, blood products, fertility reduction, cancer of endocrine organs, physical hazards such as noise and electromagnetic fields (from mobile phones, transmitters and electronically controlled home environments), and methodologies for assessing new risks. It may also be invited to address risks related to public health determinants and non-transmissible diseases.

RULES OF PROCEDURES

ANNEX IIThe common rules of procedures to be adopted by the Scientific Committees in accordance with Article 12 shall cover in particular the following subjects:
1. coordination between the Scientific Committees
| (a) | the designation of the Scientific Committee responsible on request for scientific opinions which do not fall within the fields of competence of a single Scientific Committee or which need to be considered by more than one Committee;
| (b) | the adoption of joint opinions, rapid advice, memoranda and/or position statements;
| (c) | the procedures for ensuring coordination between the Scientific Committees including matters relating to harmonisation of risk assessment and the functioning of the Inter-Committee Coordination Group;2. decision procedures within the Committees
| (a) | the election of the Chair and Vice-Chairs of the Scientific Committees;
| (b) | the procedures for the adoption of opinions:—under normal conditions,—under written procedure under normal conditions, and—under an accelerated, written procedure if the urgency of the matter requires such a procedure; | — | under normal conditions, | — | under written procedure under normal conditions, and | — | under an accelerated, written procedure if the urgency of the matter requires such a procedure;
— | under normal conditions,
— | under written procedure under normal conditions, and
— | under an accelerated, written procedure if the urgency of the matter requires such a procedure;
| (c) | the procedure for the provision of rapid advice when so requested by the Commission in accordance with Article 2(3); this procedure shall ensure the quality and appropriate endorsement by the Committee of the advice;
| (d) | the adoption of memoranda and position papers to draw the attention of the Commission to specific or emerging problems;3. organisation of the scientific works
| (a) | the creation and organisation of the working groups of the Scientific Committees, including joint working groups;
| (b) | the association of scientific advisors from the Pool to the activities of the Committees and the involvement of external experts;
| (c) | the appointment of Rapporteurs and the description of their tasks in relation to the preparation of draft opinions for the Scientific Committees;
| (d) | the format and content of scientific opinions and procedures for ensuring and improving their coherence as well as the editing standards;
| (e) | the organisation of, and participation in, meetings, thematic workshops, and networks;
| (f) | the association of trainees;4. obligations of the members of the Committee, the associated and other scientific advisors from the Pool, external experts and for the trainees
| (a) | the participation criteria and the conditions under which membership of the Committee shall expire;
| (b) | the implementation of the confidentiality requirements laid down in Article 17;
| (c) | the responsibilities and obligations of members, associated and other scientific advisors from the Pool and external experts in relation to their contacts with petitioners, special interest groups and other stakeholders;
| (d) | the conditions and the procedure under which a member of a Committee, an associated or other scientific advisor or an external expert should be excluded from the deliberations and/or the vote on a particular subject in the Committee or in a working group, where there are reasonable doubts on his independence;5. relations with third parties
| (a) | procedures for identifying, resolving or clarifying diverging opinions with Community, national and international bodies carrying out similar tasks, including information exchange and the organisation of joint meetings;
| (b) | representation of a Scientific Committee in external activities, notably in relation to other Community or international bodies engaged in similar activities;
| (c) | the organisation of the stakeholder dialogue procedure, in particular the organisation of hearings with industry or other special interest groups or other stakeholders;
| (d) | the publication of scientific opinions and other documents.

INDEMNITIES

ANNEX IIIMembers of the Scientific Committees, scientific advisors from the Pool and the external experts shall be entitled to indemnities related to their participation in the activities of the scientific committees as follows:

| for participation at meetings:—EUR 300 for each full day participation or EUR 150 for participation in a morning or afternoon meeting of a Scientific Committee, a working group or at an external meeting attended in connection with the work of a Scientific Committee; | — | EUR 300 for each full day participation or EUR 150 for participation in a morning or afternoon meeting of a Scientific Committee, a working group or at an external meeting attended in connection with the work of a Scientific Committee;
— | EUR 300 for each full day participation or EUR 150 for participation in a morning or afternoon meeting of a Scientific Committee, a working group or at an external meeting attended in connection with the work of a Scientific Committee;
| for acting as Rapporteur for a question requiring not less than one day of preparation of a draft opinion and with the prior written agreement of the Commission:—EUR 300,—where fully justified and subject to budget availability, this sum may be increased to EUR 600 for questions which are particularly demanding in terms of work load. | — | EUR 300, | — | where fully justified and subject to budget availability, this sum may be increased to EUR 600 for questions which are particularly demanding in terms of work load.
— | EUR 300,
— | where fully justified and subject to budget availability, this sum may be increased to EUR 600 for questions which are particularly demanding in terms of work load.The Commission will regularly assess the need to adapt these indemnities in light of prices indexes, the evaluation of indemnities paid to experts in other European bodies and the experience on the workload for members, associated members, other scientific advisors and external experts. The first assessment will take place in 2009.

Pending: 32008D0691

23.8.2008 EN Official Journal of the European Union L 225/17
(1) On 24 April 2008 Seychelles requested, in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007, a derogation from the rules of origin set out in that Annex for the period of one year starting from 1 March 2008. The request covers a total annual quantity of 4 000 tonnes of canned tuna of HS Heading 1604. The request is made because catches and supply of originating raw tuna have decreased in the South West Indian Ocean.
(2) According to the information provided by Seychelles the catches of raw tuna in 2007 were very low even compared to the normal seasonal variations. The indication for 2008 shows only a slight improvement over 2007 catch levels. This abnormal situation makes it impossible for Seychelles to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 during a certain period.
(3) In order to ensure that Seychelles may continue its exports to the European Community, following the expiration of the ACP-EC Partnership Agreement(2), a new derogation should be granted.
(4) To ensure smooth transition from the ACP-EC Partnership Agreement to the ESA (Eastern and Southern Africa States)-EU Interim Economic Partnership Agreement a new derogation should be granted with retroactive effect from 1 January 2008.
(5) A temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Community industry taking into account the imports concerned, provided that certain conditions relating to quantities, surveillance and duration are respected.
(6) It is therefore justified to a grant temporary derogation under Article 36(1)(a) of Annex II to Regulation (EC) No 1528/2007.
(7) Seychelles will benefit from an automatic derogation from the rules of origin for canned tuna of HS Heading 1604 pursuant to Article 42(8) of the Origin Protocol attached to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (ESA-EU Interim Partnership Agreement), when that Agreement enters into force or is provisionally applied.
(8) In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the ESA-EU Interim Partnership Agreement, the entry into force or provisional application of which is expected to take place in 2008. The derogation therefore should not be granted for the requested period going beyond the end of 2008 but should be granted for the period from 1 January to 31 December 2008.
(9) In accordance with Article 42(8) of the Origin Protocol attached to the ESA-EU Interim Partnership Agreement, the automatic derogation from the rules of origin is limited to an annual quota of 8 000 tonnes of canned for the countries having initialled the ESA-EU Interim Partnership Agreement (Comoros, Mauritius, Madagascar, Seychelles and Zimbabwe). Mauritius has already lodged an official request for a temporary derogation in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 and other countries of the ESA region, notably Madagascar are expected to do the same. It would be inappropriate to grant derogations under Article 36 of Annex II to Regulation (EC) No 1528/2007 which exceed the annual quota for canned tuna granted to the ESA region under the ESA-EU Interim Partnership Agreement. The derogation therefore should not be granted for the requested quantities, but should be granted for 3 000 tonnes of preserved tuna.
(10) Accordingly a derogation should be granted to Seychelles in respect of 3 000 tonnes of preserved tuna for a period from 1 January until 31 December 2008.
(11) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3)lays down rules relating to the management of tariff quotas. In order to ensure efficient management carried out in close cooperation between the authorities of Seychelles, the customs authorities of the Community and the Commission, those rules should applymutatis mutandisto the quantities imported under the derogation granted by this Decision.
(12) In order to allow more efficient monitoring of the operation of the derogation, the authorities of Seychelles should communicate regularly to the Commission details of the EUR.1 movement certificates issued.
(13) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
Order No CN code Description of goods Period Quantity
09.1666 ex 1604 14 11 , ex 1604 14 18 , ex 1604 20 70 Preserved tuna(1) 1.1.2008 to 31.12.2008 3 000 tonnes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for goods originating in certain States which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements(1), and in particular Article 36(4) of Annex II thereto,
(1) On 24 April 2008 Seychelles requested, in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007, a derogation from the rules of origin set out in that Annex for the period of one year starting from 1 March 2008. The request covers a total annual quantity of 4 000 tonnes of canned tuna of HS Heading 1604. The request is made because catches and supply of originating raw tuna have decreased in the South West Indian Ocean.
(2) According to the information provided by Seychelles the catches of raw tuna in 2007 were very low even compared to the normal seasonal variations. The indication for 2008 shows only a slight improvement over 2007 catch levels. This abnormal situation makes it impossible for Seychelles to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 during a certain period.
(3) In order to ensure that Seychelles may continue its exports to the European Community, following the expiration of the ACP-EC Partnership Agreement(2), a new derogation should be granted.
(4) To ensure smooth transition from the ACP-EC Partnership Agreement to the ESA (Eastern and Southern Africa States)-EU Interim Economic Partnership Agreement a new derogation should be granted with retroactive effect from 1 January 2008.
(5) A temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Community industry taking into account the imports concerned, provided that certain conditions relating to quantities, surveillance and duration are respected.
(6) It is therefore justified to a grant temporary derogation under Article 36(1)(a) of Annex II to Regulation (EC) No 1528/2007.
(7) Seychelles will benefit from an automatic derogation from the rules of origin for canned tuna of HS Heading 1604 pursuant to Article 42(8) of the Origin Protocol attached to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (ESA-EU Interim Partnership Agreement), when that Agreement enters into force or is provisionally applied.
(8) In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the ESA-EU Interim Partnership Agreement, the entry into force or provisional application of which is expected to take place in 2008. The derogation therefore should not be granted for the requested period going beyond the end of 2008 but should be granted for the period from 1 January to 31 December 2008.
(9) In accordance with Article 42(8) of the Origin Protocol attached to the ESA-EU Interim Partnership Agreement, the automatic derogation from the rules of origin is limited to an annual quota of 8 000 tonnes of canned for the countries having initialled the ESA-EU Interim Partnership Agreement (Comoros, Mauritius, Madagascar, Seychelles and Zimbabwe). Mauritius has already lodged an official request for a temporary derogation in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 and other countries of the ESA region, notably Madagascar are expected to do the same. It would be inappropriate to grant derogations under Article 36 of Annex II to Regulation (EC) No 1528/2007 which exceed the annual quota for canned tuna granted to the ESA region under the ESA-EU Interim Partnership Agreement. The derogation therefore should not be granted for the requested quantities, but should be granted for 3 000 tonnes of preserved tuna.
(10) Accordingly a derogation should be granted to Seychelles in respect of 3 000 tonnes of preserved tuna for a period from 1 January until 31 December 2008.
(11) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3)lays down rules relating to the management of tariff quotas. In order to ensure efficient management carried out in close cooperation between the authorities of Seychelles, the customs authorities of the Community and the Commission, those rules should applymutatis mutandisto the quantities imported under the derogation granted by this Decision.
(12) In order to allow more efficient monitoring of the operation of the derogation, the authorities of Seychelles should communicate regularly to the Commission details of the EUR.1 movement certificates issued.
(13) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from Annex II to Regulation (EC) No 1528/2007 and in accordance with Article 36(1)(a) of that Annex, preserved tuna of HS Heading 1604 manufactured from non-originating materials shall be regarded as originating in Seychelles in accordance with the terms set out in Articles 2 to 6 of this Decision.

Article 2
The derogation provided for in Article 1 shall apply to the products and the quantities set out in the Annex which are declared for free circulation into the Community from Seychelles during the period from 1 January 2008 to 31 December 2008.

Article 3
The quantities set out in the Annex to this Decision shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 4
The customs authorities of Seychelles shall take the necessary measures to carry out quantitative checks on exports of the products referred to in Article 1.
To that end, all the EUR.1 movement certificates they issue in relation to those products shall bear a reference to this Decision. The competent authorities of Seychelles shall forward to the Commission a quarterly statement of the quantities in respect of which EUR.1 movement certificates have been issued pursuant to this Decision and the serial numbers of those certificates.

Article 5
Box 7 of EUR.1 movement certificates issued under this Decision shall contain the following:
‘Derogation — Decision 2008/691/EC’.

Article 6
This Decision shall apply from 1 January 2008.
It shall apply until the rules of origin set out in Annex II to Regulation (EC) No 1528/2007 are superseded by those annexed to any agreement with Seychelles when that agreement is either provisionally applied, or enters into force, whichever is the earlier, but in any event this Decision shall not apply after 31 December 2008.

Article 7
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for goods originating in certain States which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements(1), and in particular Article 36(4) of Annex II thereto,
(1) On 24 April 2008 Seychelles requested, in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007, a derogation from the rules of origin set out in that Annex for the period of one year starting from 1 March 2008. The request covers a total annual quantity of 4 000 tonnes of canned tuna of HS Heading 1604. The request is made because catches and supply of originating raw tuna have decreased in the South West Indian Ocean.
(2) According to the information provided by Seychelles the catches of raw tuna in 2007 were very low even compared to the normal seasonal variations. The indication for 2008 shows only a slight improvement over 2007 catch levels. This abnormal situation makes it impossible for Seychelles to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 during a certain period.
(3) In order to ensure that Seychelles may continue its exports to the European Community, following the expiration of the ACP-EC Partnership Agreement(2), a new derogation should be granted.
(4) To ensure smooth transition from the ACP-EC Partnership Agreement to the ESA (Eastern and Southern Africa States)-EU Interim Economic Partnership Agreement a new derogation should be granted with retroactive effect from 1 January 2008.
(5) A temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Community industry taking into account the imports concerned, provided that certain conditions relating to quantities, surveillance and duration are respected.
(6) It is therefore justified to a grant temporary derogation under Article 36(1)(a) of Annex II to Regulation (EC) No 1528/2007.
(7) Seychelles will benefit from an automatic derogation from the rules of origin for canned tuna of HS Heading 1604 pursuant to Article 42(8) of the Origin Protocol attached to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (ESA-EU Interim Partnership Agreement), when that Agreement enters into force or is provisionally applied.
(8) In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the ESA-EU Interim Partnership Agreement, the entry into force or provisional application of which is expected to take place in 2008. The derogation therefore should not be granted for the requested period going beyond the end of 2008 but should be granted for the period from 1 January to 31 December 2008.
(9) In accordance with Article 42(8) of the Origin Protocol attached to the ESA-EU Interim Partnership Agreement, the automatic derogation from the rules of origin is limited to an annual quota of 8 000 tonnes of canned for the countries having initialled the ESA-EU Interim Partnership Agreement (Comoros, Mauritius, Madagascar, Seychelles and Zimbabwe). Mauritius has already lodged an official request for a temporary derogation in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 and other countries of the ESA region, notably Madagascar are expected to do the same. It would be inappropriate to grant derogations under Article 36 of Annex II to Regulation (EC) No 1528/2007 which exceed the annual quota for canned tuna granted to the ESA region under the ESA-EU Interim Partnership Agreement. The derogation therefore should not be granted for the requested quantities, but should be granted for 3 000 tonnes of preserved tuna.
(10) Accordingly a derogation should be granted to Seychelles in respect of 3 000 tonnes of preserved tuna for a period from 1 January until 31 December 2008.
(11) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3)lays down rules relating to the management of tariff quotas. In order to ensure efficient management carried out in close cooperation between the authorities of Seychelles, the customs authorities of the Community and the Commission, those rules should applymutatis mutandisto the quantities imported under the derogation granted by this Decision.
(12) In order to allow more efficient monitoring of the operation of the derogation, the authorities of Seychelles should communicate regularly to the Commission details of the EUR.1 movement certificates issued.
(13) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS DECISION:
By way of derogation from Annex II to Regulation (EC) No 1528/2007 and in accordance with Article 36(1)(a) of that Annex, preserved tuna of HS Heading 1604 manufactured from non-originating materials shall be regarded as originating in Seychelles in accordance with the terms set out in Articles 2 to 6 of this Decision.
The derogation provided for in Article 1 shall apply to the products and the quantities set out in the Annex which are declared for free circulation into the Community from Seychelles during the period from 1 January 2008 to 31 December 2008.
The quantities set out in the Annex to this Decision shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
The customs authorities of Seychelles shall take the necessary measures to carry out quantitative checks on exports of the products referred to in Article 1.
To that end, all the EUR.1 movement certificates they issue in relation to those products shall bear a reference to this Decision. The competent authorities of Seychelles shall forward to the Commission a quarterly statement of the quantities in respect of which EUR.1 movement certificates have been issued pursuant to this Decision and the serial numbers of those certificates.
Box 7 of EUR.1 movement certificates issued under this Decision shall contain the following:
‘Derogation — Decision 2008/691/EC’.
This Decision shall apply from 1 January 2008.
It shall apply until the rules of origin set out in Annex II to Regulation (EC) No 1528/2007 are superseded by those annexed to any agreement with Seychelles when that agreement is either provisionally applied, or enters into force, whichever is the earlier, but in any event this Decision shall not apply after 31 December 2008.
This Decision is addressed to the Member States.
ANNEXSEYCHELLES
Order No | CN code | Description of goods | Period | Quantity
09.1666 | ex 1604 14 11 , ex 1604 14 18 , ex 1604 20 70 | Preserved tuna(1) | 1.1.2008 to 31.12.2008 | 3 000 tonnes
(1) In any form of packaging whereby the product is considered as preserved within the meaning of HS heading 1604.

Pending: 32008D0577

12.7.2008 EN Official Journal of the European Union L 185/43
(1) By Regulation (EC) No 2022/95(2), the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (the product concerned). Pursuant to a further investigation, which established that the duty was being absorbed, the measures were amended by Council Regulation (EC) No 663/98(3). Following a request for an expiry and an interim review pursuant to Articles 11(2) and 11(3) of the basic Regulation, the Council imposed by Regulation (EC) No 658/2002(4)a definitive anti-dumping duty of EUR 47,07 per tonne on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 90 and originating in Russia.
(2) By Regulation (EC) No 132/2001(5), the Council imposed a definitive anti-dumping duty of EUR 33,25 per tonne on imports of the product concerned originating in Ukraine. Following an expiry review initiated in January 2006, the Council, by Regulation (EC) No 442/2007(6), renewed these measures at their current level for two years.
(3) By Regulation (EC) No 993/2004(7), the Council provided for the exemption from the anti-dumping duties of imports into the new Member States that acceded to the European Union on 1 May 2004 (the EU-10) made under the terms of special undertakings (enlargement undertakings), and authorised the Commission to accept those enlargement undertakings. On this basis, the Commission, by Regulation (EC) No 1001/2004(8), accepted three enlargement undertakings offered by the Russian exporting producers Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, member of the Eurochem group of companies, and JSC Acron and JSC Dorogobuzh, members of ‘Acron’ Holding Company ‘Acron’, and Ukrainian exporting producer, Open Joint Stock Company (OJSC) Azot Cherkassy ‘Cherkassy’.
(4) By Regulation (EC) No 1996/2004(9), the Commission accepted a new undertaking from the exporting producers mentioned above until 20 May 2005.
(5) By Regulation (EC) No 945/2005(10), following an interim review limited in scope to the definition of the product concerned, the Council decided that the definition of the product concerned should be clarified and that the measures in force should also apply to the product concerned when incorporated in other fertilizers, in proportion to their content of ammonium nitrate, together with other marginal substances and nutrients.
(6) On 30 November 2005, the Commission announced by a notice published in theOfficial Journal of the European Union(11), the initiation of a partial interim review concerning imports into the Community of ammonium nitrate originating in Russia upon request of Eurochem.
(7) On 19 December 2006, the Commission announced by a notice published in theOfficial Journal of the European Union(12), the initiation of a partial interim review concerning imports into the Community of ammonium nitrate originating in Russia upon the request of Acron.
(8) On 19 December 2006, the Commission announced by a notice published in theOfficial Journal of the European Union(13), the initiation of a partial interim review concerning imports into the Community of ammonium nitrate originating in Ukraine upon the request of Cherkassy.
(9) The definitive findings and conclusions of the partial interim review concerning Acron and Cherkassy are set out in Council Regulation (EC) No 236/2008(14)and Council Regulation (EC) No 237/2008(15). During the interim reviews Acron and Cherkassy expressed an interest in offering a price undertaking but failed to submit a duly substantiated offer within the deadline as set out in Article 8(2) of the basic Regulation. However, as stated in the above mentioned Council Regulations, the Council considered that both companies should exceptionally be allowed to complete their undertaking offers within 10 calendar days from entry into force of that Regulation due to reasons set out in recitals 61 and 62 of Regulation (EC) No 236/2008 and recitals 46 and 47 of Regulation (EC) No 237/2008. Subsequent of the publication of the above mentioned Council Regulations and within the deadline as set out in those Regulations, Acron and Cherkassy submitted acceptable price undertakings in accordance with Article 8(1) of the basic Regulation.
(10) The definitive findings and conclusions of the partial interim review concerning Eurochem are set out in Council Regulation (EC) No 2008/661/EC(16)imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. During the course of the investigation Eurochem has submitted an acceptable price undertaking within the Article 8(1) of the basic Regulation.
(11) These measures were maintained by Regulation 2008/661/EC following an expiry review initiated on 14 April 2007(17).
(12) In the framework of these partial interim reviews, the exporting producers offered undertakings in accordance with Article 8(1) of the basic Regulation. In these undertakings, the exporting producers offered to sell the product concerned at or above price levels which eliminate the injurious effects of dumping. In addition, the offers made provide for the indexation of the minimum prices in accordance with public international quotations of the product concerned, given that the prices of the product concerned vary significantly. The exporting producers also offered to respect a certain quantitative ceiling in order to avoid that their imports could influence the prices in France or in the United Kingdom. Those prices serve as a basis for the indexation. The level of the quantitative ceilings is set in total around 12 % of the total Community consumption of the product concerned.
(13) Moreover, the exporting producers — in order to reduce the risk of price violations by means of cross-compensation of the prices — offered not to sell the product covered by the undertakings to the same customers in the European Community to which they sell other products, with the exception of certain other products for which the exporting producers undertake to respect specific price regimes.
(14) The exporting producers will also provide the Commission with regular and detailed information concerning their exports to the Community, meaning that the undertakings can be monitored effectively by the Commission. Furthermore, the sales structures of the exporting producers are such that the Commission considers that the risk of circumventing the undertakings is limited.
(15) Subsequent to the disclosure of the undertaking offers, the Community industry objected to these undertaking offers. The Community industry argued that the prices of the product concerned are volatile and that an indexation of the minimum import prices based on the quoted prices of the product concerned is not workable under all market conditions, in particular it would not be workable in a supply driven market. Therefore, the Community industry suggested to base the indexation of the minimum prices on the prices of natural gas as quoted at Waidhaus. However, in this regard it has to be noted that a natural gas price based indexation is not considered to be feasible in these cases due to the poor correlation of the product concerned and natural gas prices. As concerns the Community industry’s comments that on a supply driven market the current indexation formula will not be workable, it is noted that the Commission will monitor these undertakings and shouldprima facieevidence exist that these undertakings are no longer workable, the Commission should act expeditiously to remedy the situation, as set out in recital 19.
(16) The Community industry further argued that the level of the quantitative ceilings would be too high and requested it to be set maximum at 4 % of total Community consumption. It claimed that the companies would be able to influence the prices on the Community market with the amounts mentioned in recital 12 and thus make the indexation of the minimum prices unworkable. In this respect it should be noted that the quantitative ceiling was established at a level which was considered to (i) satisfactorily limit the risk of companies influencing the prices on the UK and French market thus rendering the indexation formula unworkable (ii) be sufficiently high so that so that the undertakings remain practicable at the same time. Moreover, the Community industry failed to substantiate its argument as to how any quantity exceeding 4 % of the total Community consumption would be sufficient to have a detrimental impact on prices.
(17) The Community industry proposed moreover the introduction of a ‘progressive quantitative ceiling’ whereby the quantitative ceiling of each exporting producer shall be increased on a yearly basis depending on them respecting the terms of the undertakings. This suggestion is however rejected because the sole aim of the quantitative ceilings is to limit the risk of influencing the prices on which the indexation of minimum price is based. It should also be noted that in case of a breach of the undertaking, the acceptance of the undertaking as such may be withdrawn.
(18) Furthermore, the Community industry argued that because the exporting producers can sell other products together with the product covered by the undertaking to the same customers in the European Community, there is a high risk of cross-compensation, i.e. the products not covered by the undertaking may be sold at artificially low prices in order to compensate the minimum prices for the products covered by the undertaking. In this regard, it should be noted, as indicated in recital 13, the undertaking contains specific clauses in order to limit the risk of cross-compensation. Therefore, the concerns of the Community industry have been sufficiently addressed.
(19) In view of the above, the undertakings offered by the Russian and Ukrainian exporting producers are acceptable.
(20) However, due to the special elements of these undertakings (i.e. in particular the indexation formula) the Commission will assess the practicability of these undertakings regularly. For its practicability assessment, the Commission will take into account, but is not restricted to, the following criteria: the prices of the product concerned in the French and the UK market; the level of the coefficient of the indexation formula; the sales prices of the exporting producer as reported by them in their quarterly sales reports; profitability of the Community industry. In particular, should this practicability assessment show that the decrease of the profitability of the Community industry is attributable to the undertakings, the Commission endeavours to withdraw the acceptance of the undertakings expeditiously in accordance with Article 8(9) of the basic Regulation.
(21) In order to enable the Commission to monitor effectively the companies’ compliance with the undertakings, when the request for release into free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on (i) the presentation of an undertaking invoice containing at least the elements listed in the Annex to Regulation (EC) No 2008/661/EC and in the Annex to Council Regulation (EC) No 2008/662/EC(18); (ii) the fact that imported goods are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community; and (iii) the fact that the goods declared and presented to customs correspond precisely to the description on the undertaking invoice. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty shall instead be payable.
(22) To further ensure the respect of these undertakings, importers have been made aware by the Regulation (EC) No 2008/661/EC and by Regulation (EC) No 2008/662/EC that the non-fulfillment of the conditions provided for by those Regulations, or the withdrawal by the Commission of the acceptance of the undertaking, may lead to the customs debt being incurred for the relevant transactions.
(23) In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the anti-dumping duty imposed in accordance with Article 9(4) of the basic Regulation shall automatically apply pursuant to Article 8(9) of the basic Regulation,
Country Companies Taric additional code
Russia Produced by OJSC NAK Azot, Novomoskovsk, Russia, or OJSC Nevinnomyssky Azot, Nevinnomyssk, Russia, and either sold directly to the first independent customer in the Community or by Eurochem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, Moscow, Russia and Eurochem Trading GmbH, Zug, Switzerland, to the first independent customer in the Community A522
Russia JSC Acron, Veliky Novgorod, Russia and JSC Dorogobuzh, Dorogobuzh, Russia, members of ‘Acron’ Holding Company A532
Ukraine Open Joint Stock Company (OJSC) Azot Cherkassy, Ukraine A521
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1)(the basic Regulation), and in particular Articles 8 and 9 thereof,
After consulting the Advisory Committee,
HAS DECIDED AS FOLLOWS:

Article 1
The undertaking offered by the exporting producers mentioned below in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine are hereby accepted.

Article 2
This Decision shall enter into force on the day following its publication in theOfficial Journal of the European Union.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1)(the basic Regulation), and in particular Articles 8 and 9 thereof,
After consulting the Advisory Committee,
HAS DECIDED AS FOLLOWS:
The undertaking offered by the exporting producers mentioned below in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia and Ukraine are hereby accepted.
This Decision shall enter into force on the day following its publication in theOfficial Journal of the European Union.

Pending: 32008D0377

20.5.2008 EN Official Journal of the European Union L 130/18
(1) Outbreaks of classical swine fever have occurred in Slovakia.
(2) In view of the trade in live pigs and certain pig products, those outbreaks are liable to endanger the herds of other Members States.
(3) Slovakia has taken measures within the framework of Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(2).
(4) Commission Decision 2008/303/EC of 14 April 2008 concerning interim protection measures relating to Classical Swine Fever in Slovakia(3)was adopted in order to reinforce the measures taken by Slovakia pursuant to Directive 2001/89/EC.
(5) Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States(4)was adopted in response to outbreaks of classical swine fever in feral pigs in those Member States concerned. Those measures should continue to apply in Slovakia.
(6) The animal health conditions and the certification requirements for trade in live pigs are laid down in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(5).
(7) The animal health conditions and certification requirements for trade in porcine semen are laid down in Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(6).
(8) The animal health conditions and certification requirements for trade in porcine ova and embryos are laid down in Commission Decision 95/483/EC of 9 November 1995 determining the specimen certificate for intra-Community trade in ova and embryos of swine(7).
(9) Commission Decision 2002/106/EC of 1 February 2002 approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever(8)provides for risk adapted surveillance protocols.
(10) Based on the information provided by Slovakia it appears that classical swine fever might have spread already to herds in several areas of that Member State before the outbreaks were discovered. Appropriate investigations to trace, confirm or infirm new infections require sufficient time viewing the nature of the disease. It is therefore appropriate to review the protective measures relating to classical swine fever in Slovakia. In the context of these precautionary measures, it is in particular also appropriate to specify in which cases and under which conditions the transport of pigs may be authorised to Member States and within the territory of Slovakia to prevent the spread of the disease.
(11) Decision 2008/303/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) Directive 2001/89/EC, and in particular Articles 9, 10 and 11 thereof;
(b) Decision 2006/805/EC.
(a) come from a holding situated in an area ouside the areas listed in the Annex; and
(b) have been resident on the holding of origin for at least 45 days prior to loading, or since birth if less than 45 days of age; and
(c) come from a holding where no live pigs have been introduced during the 45 day-period immediately prior to the dispatch of the pigs in question.
(a) no pigs are transported from and to holdings situated within the areas listed in the Annex;
(b) transport of pigs for slaughter proceeding from holdings situated outside the areas listed in the Annex to slaughterhouses located in the said areas and transit of pigs through the said areas are only allowed:(i)via major roads or railways; and(ii)in accordance with the detailed instructions provided for by the competent authority to prevent that during transport the pigs in question come in direct or indirect contact with other pigs. (i) via major roads or railways; and (ii) in accordance with the detailed instructions provided for by the competent authority to prevent that during transport the pigs in question come in direct or indirect contact with other pigs.
(i) via major roads or railways; and
(ii) in accordance with the detailed instructions provided for by the competent authority to prevent that during transport the pigs in question come in direct or indirect contact with other pigs.
(i) via major roads or railways; and
(ii) in accordance with the detailed instructions provided for by the competent authority to prevent that during transport the pigs in question come in direct or indirect contact with other pigs.
(a) directly to a slaughterhouse situated in the areas listed in the Annex for immediate slaughter;
(b) to a holding situated within those areas, provided that the pigs have been resident for at least 45 days, or since birth if less than 45 days of age, on a holding of origin:(i)which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and(ii)on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results. (i) which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and (ii) on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
(i) which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and
(ii) on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
(i) which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and
(ii) on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
(a) directly to a slaughterhouse, designated for this purpose by the competent authority, situated in Slovakia outside the areas listed in the Annex provided that the pigs have been resident for at least 45 days, or since birth if less than 45 days of age, on a single holding of origin:(i)which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and(ii)on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results. (i) which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and (ii) on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
(i) which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and
(ii) on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
(i) which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and
(ii) on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
(b) to a holding situated in Slovakia outside the areas listed in the Annex, provided that the pigs have been resident for at least 45 days, or since birth if less than 45 days of age, on a single holding of origin:(i)which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs;(ii)on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results; and(iii)on which the samples taken in accordance with Chapter IV(D)(4) of that Annex have been tested with negative results. (i) which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; (ii) on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results; and (iii) on which the samples taken in accordance with Chapter IV(D)(4) of that Annex have been tested with negative results.
(i) which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs;
(ii) on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results; and
(iii) on which the samples taken in accordance with Chapter IV(D)(4) of that Annex have been tested with negative results.
(i) which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs;
(ii) on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results; and
(iii) on which the samples taken in accordance with Chapter IV(D)(4) of that Annex have been tested with negative results.
(a) the health certificate provided for in Directive 64/432/EEC accompanying pigs dispatched from Slovakia must be completed by the following:‘Animals in accordance with Commission Decision C(2008) 1765 of 8 May 2008 concerning certain protection measures relating to classical swine fever in Slovakia’
(b) the health certificate provided for in Directive 90/429/EEC accompanying boar semen dispatched from Slovakia must be completed by the following:‘Semen in accordance with Commission Decision C(2008) 1765 of 8 May 2008 concerning certain protection measures relating to classical swine fever in Slovakia’
(c) the health certificate provided for in Decision 95/483/EC accompanying ova and embryos of swine dispatched from Slovakia must be completed by the following:‘Ova/Embryos (delete as appropriate) in accordance with Commission Decision C(2008) 1765 of 8 May 2008 concerning certain protection measures relating to classical swine fever in Slovakia’
(a) vehicles which have been used for the transport of pigs within the areas listed in the Annex or have been used for the transport of those pigs to a slaughterhouse or had entered a holding situated in the areas listed in the Annex where pigs are kept are cleaned and disinfected after each operation;
(b) the transporter furnish proof to the competent veterinary authority of such disinfection.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), and in particular Article 10(4) thereof,
(1) Outbreaks of classical swine fever have occurred in Slovakia.
(2) In view of the trade in live pigs and certain pig products, those outbreaks are liable to endanger the herds of other Members States.
(3) Slovakia has taken measures within the framework of Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(2).
(4) Commission Decision 2008/303/EC of 14 April 2008 concerning interim protection measures relating to Classical Swine Fever in Slovakia(3)was adopted in order to reinforce the measures taken by Slovakia pursuant to Directive 2001/89/EC.
(5) Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States(4)was adopted in response to outbreaks of classical swine fever in feral pigs in those Member States concerned. Those measures should continue to apply in Slovakia.
(6) The animal health conditions and the certification requirements for trade in live pigs are laid down in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(5).
(7) The animal health conditions and certification requirements for trade in porcine semen are laid down in Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(6).
(8) The animal health conditions and certification requirements for trade in porcine ova and embryos are laid down in Commission Decision 95/483/EC of 9 November 1995 determining the specimen certificate for intra-Community trade in ova and embryos of swine(7).
(9) Commission Decision 2002/106/EC of 1 February 2002 approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever(8)provides for risk adapted surveillance protocols.
(10) Based on the information provided by Slovakia it appears that classical swine fever might have spread already to herds in several areas of that Member State before the outbreaks were discovered. Appropriate investigations to trace, confirm or infirm new infections require sufficient time viewing the nature of the disease. It is therefore appropriate to review the protective measures relating to classical swine fever in Slovakia. In the context of these precautionary measures, it is in particular also appropriate to specify in which cases and under which conditions the transport of pigs may be authorised to Member States and within the territory of Slovakia to prevent the spread of the disease.
(11) Decision 2008/303/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Article 1
The measures provided for in this Decision shall apply without prejudice to the measures provided for in:
(a)
Directive 2001/89/EC, and in particular Articles 9, 10 and 11 thereof;
(b)
Decision 2006/805/EC.

Article 2
Slovakia shall ensure that no pigs are dispatched to other Member States and to third countries, unless the pigs:
(a)
come from a holding situated in an area ouside the areas listed in the Annex; and
(b)
have been resident on the holding of origin for at least 45 days prior to loading, or since birth if less than 45 days of age; and
(c)
come from a holding where no live pigs have been introduced during the 45 day-period immediately prior to the dispatch of the pigs in question.

Article 3
1. Slovakia shall ensure that no consignments of porcine semen are dispatched to other Member States and to third countries unless the semen originates from boars kept at a collection centre referred to in Article 3(a) of Directive 90/429/EEC and situated outside the areas listed in the Annex.
2. Slovakia shall ensure that no consignments of ova and embryos of swine are dispatched to other Member States and to third countries unless the ova and embryos originate from swine kept at a holding situated outside the areas listed in the Annex.

Article 4
1. Slovakia shall ensure that:
(a)
no pigs are transported from and to holdings situated within the areas listed in the Annex;
(b)
transport of pigs for slaughter proceeding from holdings situated outside the areas listed in the Annex to slaughterhouses located in the said areas and transit of pigs through the said areas are only allowed:
(i)
via major roads or railways; and
(ii)
in accordance with the detailed instructions provided for by the competent authority to prevent that during transport the pigs in question come in direct or indirect contact with other pigs.
2. By way of derogation from paragraph 1(a), the competent authority may authorise the transport of pigs from a holding situated within the areas listed in the Annex:
(a)
directly to a slaughterhouse situated in the areas listed in the Annex for immediate slaughter;
(b)
to a holding situated within those areas, provided that the pigs have been resident for at least 45 days, or since birth if less than 45 days of age, on a holding of origin:
(i)
which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and
(ii)
on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
3. By way of derogation from paragraph 1(a), the competent authority may authorise the transport of pigs from a holding situated within the areas listed in the Annex:
(a)
directly to a slaughterhouse, designated for this purpose by the competent authority, situated in Slovakia outside the areas listed in the Annex provided that the pigs have been resident for at least 45 days, or since birth if less than 45 days of age, on a single holding of origin:
(i)
which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and
(ii)
on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
(b)
to a holding situated in Slovakia outside the areas listed in the Annex, provided that the pigs have been resident for at least 45 days, or since birth if less than 45 days of age, on a single holding of origin:
(i)
which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs;
(ii)
on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results; and
(iii)
on which the samples taken in accordance with Chapter IV(D)(4) of that Annex have been tested with negative results.

Article 5
Slovakia shall ensure that:
(a)
the health certificate provided for in Directive 64/432/EEC accompanying pigs dispatched from Slovakia must be completed by the following:
‘Animals in accordance with Commission Decision C(2008) 1765 of 8 May 2008 concerning certain protection measures relating to classical swine fever in Slovakia’
(b)
the health certificate provided for in Directive 90/429/EEC accompanying boar semen dispatched from Slovakia must be completed by the following:
‘Semen in accordance with Commission Decision C(2008) 1765 of 8 May 2008 concerning certain protection measures relating to classical swine fever in Slovakia’
(c)
the health certificate provided for in Decision 95/483/EC accompanying ova and embryos of swine dispatched from Slovakia must be completed by the following:
‘Ova/Embryos (delete as appropriate) in accordance with Commission Decision C(2008) 1765 of 8 May 2008 concerning certain protection measures relating to classical swine fever in Slovakia’

Article 6
Slovakia shall ensure that:
(a)
vehicles which have been used for the transport of pigs within the areas listed in the Annex or have been used for the transport of those pigs to a slaughterhouse or had entered a holding situated in the areas listed in the Annex where pigs are kept are cleaned and disinfected after each operation;
(b)
the transporter furnish proof to the competent veterinary authority of such disinfection.

Article 7
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.

Article 8
Decision 2008/303/EC is repealed.

Article 9
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), and in particular Article 10(4) thereof,
(1) Outbreaks of classical swine fever have occurred in Slovakia.
(2) In view of the trade in live pigs and certain pig products, those outbreaks are liable to endanger the herds of other Members States.
(3) Slovakia has taken measures within the framework of Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(2).
(4) Commission Decision 2008/303/EC of 14 April 2008 concerning interim protection measures relating to Classical Swine Fever in Slovakia(3)was adopted in order to reinforce the measures taken by Slovakia pursuant to Directive 2001/89/EC.
(5) Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States(4)was adopted in response to outbreaks of classical swine fever in feral pigs in those Member States concerned. Those measures should continue to apply in Slovakia.
(6) The animal health conditions and the certification requirements for trade in live pigs are laid down in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(5).
(7) The animal health conditions and certification requirements for trade in porcine semen are laid down in Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(6).
(8) The animal health conditions and certification requirements for trade in porcine ova and embryos are laid down in Commission Decision 95/483/EC of 9 November 1995 determining the specimen certificate for intra-Community trade in ova and embryos of swine(7).
(9) Commission Decision 2002/106/EC of 1 February 2002 approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever(8)provides for risk adapted surveillance protocols.
(10) Based on the information provided by Slovakia it appears that classical swine fever might have spread already to herds in several areas of that Member State before the outbreaks were discovered. Appropriate investigations to trace, confirm or infirm new infections require sufficient time viewing the nature of the disease. It is therefore appropriate to review the protective measures relating to classical swine fever in Slovakia. In the context of these precautionary measures, it is in particular also appropriate to specify in which cases and under which conditions the transport of pigs may be authorised to Member States and within the territory of Slovakia to prevent the spread of the disease.
(11) Decision 2008/303/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
The measures provided for in this Decision shall apply without prejudice to the measures provided for in:
(a)
Directive 2001/89/EC, and in particular Articles 9, 10 and 11 thereof;
(b)
Decision 2006/805/EC.
Slovakia shall ensure that no pigs are dispatched to other Member States and to third countries, unless the pigs:
(a)
come from a holding situated in an area ouside the areas listed in the Annex; and
(b)
have been resident on the holding of origin for at least 45 days prior to loading, or since birth if less than 45 days of age; and
(c)
come from a holding where no live pigs have been introduced during the 45 day-period immediately prior to the dispatch of the pigs in question.
1. Slovakia shall ensure that no consignments of porcine semen are dispatched to other Member States and to third countries unless the semen originates from boars kept at a collection centre referred to in Article 3(a) of Directive 90/429/EEC and situated outside the areas listed in the Annex.
2. Slovakia shall ensure that no consignments of ova and embryos of swine are dispatched to other Member States and to third countries unless the ova and embryos originate from swine kept at a holding situated outside the areas listed in the Annex.
1. Slovakia shall ensure that:
(a)
no pigs are transported from and to holdings situated within the areas listed in the Annex;
(b)
transport of pigs for slaughter proceeding from holdings situated outside the areas listed in the Annex to slaughterhouses located in the said areas and transit of pigs through the said areas are only allowed:
(i)
via major roads or railways; and
(ii)
in accordance with the detailed instructions provided for by the competent authority to prevent that during transport the pigs in question come in direct or indirect contact with other pigs.
2. By way of derogation from paragraph 1(a), the competent authority may authorise the transport of pigs from a holding situated within the areas listed in the Annex:
(a)
directly to a slaughterhouse situated in the areas listed in the Annex for immediate slaughter;
(b)
to a holding situated within those areas, provided that the pigs have been resident for at least 45 days, or since birth if less than 45 days of age, on a holding of origin:
(i)
which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and
(ii)
on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
3. By way of derogation from paragraph 1(a), the competent authority may authorise the transport of pigs from a holding situated within the areas listed in the Annex:
(a)
directly to a slaughterhouse, designated for this purpose by the competent authority, situated in Slovakia outside the areas listed in the Annex provided that the pigs have been resident for at least 45 days, or since birth if less than 45 days of age, on a single holding of origin:
(i)
which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs; and
(ii)
on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results.
(b)
to a holding situated in Slovakia outside the areas listed in the Annex, provided that the pigs have been resident for at least 45 days, or since birth if less than 45 days of age, on a single holding of origin:
(i)
which has not received live pigs during the 45-day period immediately prior to the date of dispatch of the pigs;
(ii)
on which the clinical examinations carried out in accordance with Chapter IV(D)(2) of the Annex to Decision 2002/106/EC have been completed with negative results; and
(iii)
on which the samples taken in accordance with Chapter IV(D)(4) of that Annex have been tested with negative results.
Slovakia shall ensure that:
(a)
the health certificate provided for in Directive 64/432/EEC accompanying pigs dispatched from Slovakia must be completed by the following:
‘Animals in accordance with Commission Decision C(2008) 1765 of 8 May 2008 concerning certain protection measures relating to classical swine fever in Slovakia’
(b)
the health certificate provided for in Directive 90/429/EEC accompanying boar semen dispatched from Slovakia must be completed by the following:
‘Semen in accordance with Commission Decision C(2008) 1765 of 8 May 2008 concerning certain protection measures relating to classical swine fever in Slovakia’
(c)
the health certificate provided for in Decision 95/483/EC accompanying ova and embryos of swine dispatched from Slovakia must be completed by the following:
‘Ova/Embryos (delete as appropriate) in accordance with Commission Decision C(2008) 1765 of 8 May 2008 concerning certain protection measures relating to classical swine fever in Slovakia’
Slovakia shall ensure that:
(a)
vehicles which have been used for the transport of pigs within the areas listed in the Annex or have been used for the transport of those pigs to a slaughterhouse or had entered a holding situated in the areas listed in the Annex where pigs are kept are cleaned and disinfected after each operation;
(b)
the transporter furnish proof to the competent veterinary authority of such disinfection.
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.
Decision 2008/303/EC is repealed.
This Decision is addressed to the Member States.
ANNEXThe entire territory of Slovakia.

Pending: 32008D0284

14.4.2008 EN Official Journal of the European Union L 104/1
(1) In accordance with Article 2(c) and Annex II of Directive 96/48/EC, the trans-European high speed rail system is subdivided into structural and functional subsystems, including an energy subsystem.
(2) Commission Decision 2002/733/EC(2)established the first technical specification for interoperability (TSI) concerning the trans-European high speed energy sub-system.
(3) It is necessary to review that first TSI in light of technical progress and experience gained from its implementation.
(4) The AEIF, as joint representative body, had been given a mandate to review and revise that first TSI. Decision 2002/733/EC should therefore be replaced by this Decision.
(5) The draft revised TSI has been examined by the Committee set up by Directive 96/48/EC
(6) This TSI should apply to new or upgraded and renewed infrastructure, under certain conditions.
(7) This TSI is without prejudice to the provisions of other relevant TSIs which may be applicable to energy subsystems.
(8) The first TSI concerning the ‘energy’ sub-system, came into force in 2002. Due to existing contractual commitments, new energy sub-systems or interoperability constituents, or their renewal and upgrade should fall under conformity assessment under the provisions of this first TSI. Further, the first TSI should remain applicable for the purposes of maintenance, maintenance related replacements for components of the subsystem and interoperability constituents authorised under the first TSI. Therefore, the effects of Decision 2002/733/EC should be maintained in force in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision. In order to determine the difference in scope of applicability of the first TSI, from the new TSI which is in annex to the present Decision, Member States shall notify, not later than six months after the date on which the present Decision becomes applicable, a list of the sub-systems and interoperability constituents to which the first TSI is still applicable.
(9) This TSI does not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the trans-European high speed rail system.
(10) This TSI allows, for a limited period of time, for interoperability constituents to be incorporated into sub-systems without certification if certain conditions are met.
(11) In its current version this TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 96/48/EC technical aspects which are not covered are identified as ‘Open Points’ in Annex L of this TSI”. In accordance with Article 16(3) of Directive 96/48/EC, Member States shall notify to the Commission and other Member States a list of their national technical rules relating to the ‘Open Points’ and the procedures to be used for their conformity assessment.
(12) In relation to the specific cases described in Chapter 7 of this TSI, Member States shall notify to the Commission and other Member States the conformity assessment procedures to be used.
(13) Rail traffic currently operates under existing national, bilateral, multinational or international agreements. It is important that those agreements do not hinder current and future progress towards interoperability. To this end, it is necessary that the Commission examine those agreements in order to determine whether the TSI presented in this Decision needs to be revised accordingly.
(14) The TSI is based on best available expert knowledge at the time of preparation of the relevant draft. To continue to encourage innovation and to take into account the experience acquired, the attached TSI should be subject to periodic revision.
(15) This TSI allows for innovative solutions. Where these are proposed the manufacturer or the contracting entity shall state the deviation from the relevant section of the TSI. The European Rail Agency will finalise the appropriate functional and interface specifications of the solution and develop the assessment methods.
(16) The provisions of this Decision are in conformity with the opinion of the Committee set up by Article 21 of Council Directive 96/48/EC,
(a) the list of the applicable technical rules mentioned in paragraph 1;
(b) the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(c) the bodies it appoints for carrying out those conformity-assessment and checking procedures.
(a) the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(b) the bodies it appoints for carrying out those conformity-assessment and checking procedures.
(a) national, bilateral or multilateral agreements between Member States and Railway Undertaking(s) or Infrastructure Manager(s), agreed on either a permanent or a temporary basis and required due to the very specific or local nature of the intended train service;
(b) bilateral or multilateral agreements between Railway Undertaking(s), Infrastructure Manager(s) or Member State(s) which deliver significant levels of local or regional interoperability;
(c) international agreements between one or more Member State(s) and at least one third country, or between Railway Undertaking(s) or Infrastructure Manager(s) of Member States and at least one Railway Undertaking or Infrastructure Manager of a third country, which deliver significant levels of local or regional interoperability.
1. INTRODUCTION 9
1.1. Technical scope 9
1.2. Geographical scope 9
1.3. Content of this TSI 9
2. SUBSYSTEM DEFINITION/SCOPE 10
2.1. Scope 10
2.2. Definition of the subsystem 10
2.2.1. Electrification system 10
2.2.2. Geometry of Overhead contact line and pantograph 11
2.2.3. Interaction of overhead contact line and pantograph 11
2.2.4. Transition between high-speed lines and other lines 11
2.3. Links with other subsystems and within the subsystem 11
2.3.1. Introduction 11
2.3.2. Links concerning electrification system 11
2.3.3. Links concerning overhead line equipment and pantographs 12
2.3.4. Links concerning interaction of overhead contact line and pantograph 12
2.3.5. Links concerning phase and system separation sections 12
3. ESSENTIAL REQUIREMENTS 12
3.1. General 12
3.2. essential requirements for the energy subsystem 13
3.3. specific aspects for the energy subsystem 13
3.3.1. Safety 13
3.3.2. Reliability and availability 14
3.3.3. Health 14
3.3.4. Environmental protection 14
3.3.5. Technical compatibility 15
3.3.6. Maintenance 15
3.3.7. Operations 15
3.4. essential requirements summary table 16
4. CHARACTERISATION OF THE SUBSYSTEM 19
4.1. Introduction 19
4.2. functional and technical specifications of the subsystem 19
4.2.1. General provisions 19
4.2.2. Voltage and frequency 19
4.2.3. System performance and installed power 20
4.2.4. Regenerative braking 20
4.2.5. Harmonic emissions towards the power utility 20
4.2.6. External electromagnetic compatibility 20
4.2.7. Continuity of power supply in case of disturbances 21
4.2.8. Protection of the environment 21
4.2.9. Overhead contact line 21
4.2.9.1. Overall design 21
4.2.9.2. Geometry of overhead contact line 21
4.2.10. Compliance of the overhead contact line system with infrastructure gauge 22
4.2.11. Contact wire material 22
4.2.12. Contact wire wave propagation speed 22
4.2.13. Not used 22
4.2.14. Static contact force 22
4.2.15. Mean contact force 23
4.2.16. Dynamic behaviour and quality of current collection 24
4.2.16.1. Requirements 24
4.2.16.2. Conformity Assessment 25
4.2.16.2.1. Interoperability Constituent Overhead Contact Line 25
4.2.16.2.2. Interoperability Constituent Pantograph 25
4.2.16.2.3. IC OCL in a newly installed line (Integration into a Subsystem) 26
4.2.16.2.4. IC Pantograph integrated into new rolling stock 26
4.2.16.2.5. Statistical calculations and simulations 26
4.2.17. Vertical movement of the contact point 26
4.2.18. Current capacity of the overhead contact line system: AC and DC systems, trains in motion 27
4.2.19. Pantograph spacing used for the design of the overhead contact line 27
4.2.20. Current capacity, DC systems, trains at standstill 27
4.2.21. Phase separation sections 28
4.2.22. System separation sections 29
4.2.22.1. General 29
4.2.22.2. Pantographs raised 29
4.2.22.3. Pantographs lowered 29
4.2.23. Electrical Protection Coordination Arrangements 30
4.2.24. Effects of DC operation on AC systems 30
4.2.25. Harmonics and Dynamic Effects 30
4.3. Functional and technical specifications for the interfaces 30
4.3.1. High Speed Rolling stock subsystem 30
4.3.2. High Speed Infrastructure subsystem 32
4.3.3. High Speed Control-Command and Signalling subsystem 32
4.3.4. High Speed Traffic Operations and Management 32
4.3.5. Safety in Railway Tunnels 32
4.4. Operating rules 33
4.4.1. Management of power supply in case of danger 33
4.4.2. Execution of works 33
4.4.3. Day-to-day management of power supply 33
4.5. Maintenance of power supply and overhead contact line system 33
4.5.1. Manufacturer's Responsibility 33
4.5.2. Infrastructure Manager's Responsibility 33
4.6. Professional competences 34
4.7. Health and safety conditions 34
4.7.1. Protective provisions of substations and posts 34
4.7.2. Protective provisions of overhead contact line system 34
4.7.3. Protective provisions of current return circuit 34
4.7.4. Other general requirements 34
4.7.5. High Visibility Clothing 35
4.8. Infrastructure and rolling stock registers 35
4.8.1. Infrastructure Register 35
4.8.2. Rolling Stock Register 35
5. INTEROPERABILITY CONSTITUENTS 35
5.1. Definitions 35
5.2. Innovative solutions 35
5.3. List of interoperability constituents 35
5.4. Constituents’ performances and specifications 36
5.4.1. Overhead contact line 36
5.4.1.1. Overall design 36
5.4.1.2. Geometry 36
5.4.1.3. Current capacity 36
5.4.1.4. Contact wire material 36
5.4.1.5. Current at standstill 36
5.4.1.6. Wave propagation speed 36
5.4.1.7. Design for pantograph spacing 36
5.4.1.8. Mean contact force 36
5.4.1.9. Dynamic behaviour and quality of current collection 36
5.4.1.10. Vertical movement of contact point 36
5.4.1.11. Space for uplift 36
6. ASSESSMENT OF CONFORMITY AND/OR SUITABILITY FOR USE 36
6.1. Interoperability constituents 36
6.1.1. Assessment procedures and modules 36
6.1.2. Application of modules 37
6.1.2.1. General 37
6.1.2.2. Existing solutions for Interoperability Constituents 37
6.1.2.3. Innovative solutions for Interoperability Constituents 37
6.2. Energy subsystem 38
6.2.1. Assessment procedures and modules 38
6.2.2. Application of modules 38
6.2.2.1. General 38
6.2.2.2. Innovative solutions 38
6.2.3. Assessment of maintenance 39
6.3. Validity of certificates issued against the previous published version of the TSI 39
6.4. Interoperable constituents not holding an ec declaration 39
6.4.1. General 39
6.4.2. The transition period 39
6.4.3. The certification of subsystems containing non-certified interoperability constituents during the transition period 39
6.4.3.1. Conditions 39
6.4.3.2. Notification 40
6.4.3.3. Lifecycle Implementation 40
6.4.4. Monitoring arrangements 40
7. IMPLEMENTATION OF THE ENERGY TSI 40
7.1. Application of this tsi to new high-speed lines being put into service 40
7.2. Application of this tsi to high-speed lines already in service 41
7.2.1. Introduction 41
7.2.2. Classification of works 41
7.2.3. Parameters and specifications concerning the complete subsystem 41
7.2.4. Parameters concerning the mechanical parts of the OCL and the power supply 41
7.2.5. Parameters concerning the contact wire 42
7.2.6. Parameters related to other directives, to operational and maintenance 42
7.2.7. Scope of application 42
7.3. TSI revision 43
7.4. Specific cases 43
7.4.1. Particular features on the Austrian network 43
7.4.2. Particular features on the Belgian network 43
7.4.3. Particular features on the German network 44
7.4.4. Particular features on the Spanish network 44
7.4.5. Particular features on the French network 44
7.4.6. Particular features on the British network 45
7.4.7. Particular features on the Eurotunnel network 46
7.4.8. Particular features on the Italian network 46
7.4.9. Particular features on the Irish and Northern Irish networks 46
7.4.10. Particular features on the Swedish network 46
7.4.11. Particular features on the Finnish network 47
7.4.12. Particular features on the Polish network 47
7.4.13. Particular features on the Danish network including the Öresund link to Sweden. 47
7.4.14. Particular features on the Norwegian network — For information only 47
7.4.15. Particular features on the Swiss network — For information only 48
7.4.16. Particular features on the Lithuanian network 48
7.4.17. Particular features on the Netherlands network 48
7.4.18. Particular features on the Slovakian network 48
7.5. Agreements 48
7.5.1. Existing agreements 48
7.5.2. Future agreements 49
ANNEX A: CONFORMITY MODULES 50
A.1. List of the modules 50
A.2. Modules for interoperability constituents 50
Module A1: Internal Design Control with Production Verification 50
Module B: Type Examination 52
Module C: Conformity to type 54
Module H1: Full Quality Management System 55
Module H2: Full Quality Management System with Design Examination 58
A.3. Modules for subsystems 62
Module SG: Unit verification 62
Module SH2: Full Quality Management System with Design Examination 65
A.4. Assessment of maintenance arrangements: conformity assessment procedure 71
ANNEX B: CONFORMITY ASSESSMENT OF INTEROPERABILITY CONSTITUENTS 72
ANNEX C: ASSESSMENT OF THE ENERGY SUBSYSTEM 73
ANNEX D: INFRASTRUCTURE REGISTER, INFORMATION ON THE ENERGY SUBSYSTEM 75
ANNEX E: ROLLING STOCK REGISTER, INFORMATION REQUIRED BY THE ENERGY SUBSYSTEM 76
ANNEX F: SPECIFIC CASE — GREAT BRITAIN — PANTOGRAPH ENVELOPE 77
ANNEXES G TO K ARE NOT USED 79
ANNEX L: LIST OF OPEN POINTS 79
— specially built high-speed lines equipped for speeds generally equal to or greater than 250 km/h,
— specially upgraded high-speed lines equipped for speeds of the order of 200 km/h,
— specially upgraded high-speed lines or lines specially built for high speed, which have special features as a result of topographical or environmental, relief or town-planning constraints, on which speed must be adapted individually
(a) indicates its intended scope (chapter 2);
(b) lays down essential requirements for the Energy subsystem (chapter 3) and its interfaces vis-à-vis other subsystems (chapter 4);
(c) establishes the functional and technical specifications to be met by the subsystem and its interfaces vis-à-vis other subsystems (chapter 4);
(d) determines the interoperability constituents and interfaces which shall be covered by European specifications, including European standards, which are necessary to achieve interoperability within the trans-European high speed rail system (chapter 5);
(e) states, in each case under consideration, which procedures are to be used in order to assess the conformity or the suitability for use of the interoperability constituents, or the EC verification of the subsystems (chapter 6);
(f) indicates the strategy for implementing this TSI (chapter 7);
(g) indicates for the staff concerned, the professional competencies and health and safety conditions at work required for the operation and maintenance of the subsystem, as well as for the implementation of the TSI (chapter 4).
— substations: connected on their primary side to the high-voltage grid, with transformation of the high-voltage to a voltage and/or conversion to a power supply system suitable for the trains. On the secondary side, substations are connected to the railway overhead contact line system;
— sectioning points: electrical equipment located at intermediate locations between substations to supply and parallel overhead contact lines and to provide protection, isolation, auxiliary supplies;
— overhead contact line system: a system that distributes the electrical energy to the trains running on the route and transmits it to the trains by means of pantographs. The overhead contact line system is also equipped with manually or remotely controlled disconnectors which are required to isolate sections or groups of the overhead contact line system according to operational necessity. Feeder lines are part of the overhead contact line system;
— return circuit: all conductors which form the intended path of the traction return current and the current under fault conditions. Therefore, so far as this aspect is concerned, the return circuit is part of the Energy subsystem and has an interface with the Infrastructure subsystem;
— static and aerodynamic effects dependant upon the nature of the pantograph contact strips and the design of the pantograph, the shape of the vehicle on which the pantograph(s) is (are) mounted and the position of the pantograph on the vehicle,
— the compatibility of the contact strip material with the contact wire,
— the dynamic characteristics of the overhead contact line and pantograph(s),
— the protection of the pantograph(s) and overhead contact line in the case of a broken pantograph contact strip,
— the number of pantographs in service and the distance between them, since each pantograph can interfere with the others on the same overhead contact line section.
— Voltage and frequency and their permissible ranges interface with the High Speed Rolling Stock subsystem.
— The power installed on the lines and the specified power factor determines the performance of the high-speed rail system and interfaces with the High Speed Rolling Stock subsystem.
— Regenerative braking reduces energy consumption and interfaces with the High Speed Rolling Stock subsystem.
— Electrical fixed installations and on-board traction equipment need to be protected against short circuits. Circuit breaker tripping in substations and on trains has to be coordinated. Electrical protection interfaces with the High Speed Rolling Stock subsystem.
— Electrical interference and harmonic emissions interface with the High Speed Rolling Stock and Control-Command and Signalling subsystems.
— On high-speed lines, the contact wire height needs special attention in order to avoid excessive wear. The contact wire height interfaces with the Infrastructure and High Speed Rolling Stock subsystems.
— Vehicle and pantograph sway interfaces with the Infrastructure subsystem.
— To pass transitions of electrification systems and phase separation sections, without bridging, the number and arrangement of pantographs on trains shall be stipulated. This interfaces with the High Speed Rolling Stock subsystem
— To pass transitions of electrification systems and phase separation sections, without bridging, control of train current is required. This interfaces with the Control-Command and Signalling subsystem.
— When passing through system separation sections, lowering of pantograph(s) may be required. This interfaces with the Control-Command and Signalling subsystem.
— chapter 4 for the subsystem
— chapter 5 for the interoperability constituents,
— conformity and/or suitability for use of the interoperability constituents,
— and verification of the subsystem,
— open and reserved points declared in the TSI,
— derogation under article 7 of the Directive 96/48/EC as modified by the Directive 2004/50/EC,
— specific cases described in section 7.4 of this TSI,
— safety,
— reliability and availability,
— health,
— environmental protection,
— technical compatibility.
1.1.1. The design, construction or assembly, maintenance and monitoring of safety-critical components, and more particularly of the components involved in train movement must be such 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. The parameters involved in the wheel/rail contact must meet the stability requirements needed in order to guarantee safe movement at the maximum authorised speed.
1.1.3. The components used must withstand any normal or exceptional stress that has been specified during their period in service. The safety repercussion of any accidental failure must be limited by appropriate means.
1.1.4. The design of fixed installations and rolling stock and the choice of the materials used must be aimed at limiting the generation, propagation and effects of fire and smoke in the event of a fire.
1.1.5. Any devices intended to be handled by users must be so designed as not to impair their safety if used foreseeably in a manner not in accordance with the posted instructions.
2.2.1. Operation of the energy supply systems must not impair the safety either of high-speed trains or persons (users, operating staff, trackside dwellers and third parties).
1.2. The monitoring and maintenance of fixed or moveable components that are involved in train movements must be organised, carried out and quantified in such a manner as to maintain their operation under the intended conditions.
1.3.1. Materials likely, by virtue of the way they are used, to constitute a health hazard to those having access to them must not be used in trains and railway infrastructures.
1.3.2. Those materials must be selected, deployed and used in such a way as to restrict the emission of harmful and dangerous fumes or gases, particular in the event of fire.
1.4.1. The repercussions on the environment of the establishment and operation of the trans-European high-speed rail system must be assessed and taken into account at the design stage of the system in accordance with the Community provisions in force.
1.4.2. The materials used in trains and infrastructure must prevent the emissions of fumes and gases which are harmful and dangerous to the environment, particularly in the event of fire.
1.4.3. The rolling stock and energy supply systems must be designed and manufactured in such a way as to be electromagnetically compatible with the installation equipment and public or private networks with which they might interfere.
2.2.2. The functioning of the energy supply systems must not interfere with the environment beyond specified limits.
1.5. The technical characteristics of the infrastructures and fixed installations must be compatible which each other and with those of the trains on the trans-European high-speed rail system.If adherence to these characteristics proves difficult on certain sections of the network temporary solutions that ensure compatibility in the future may be implemented.
2.2.3. The electrical supply systems used throughout the trans-European high-speed rail system must:—enable trains to achieve the specified performance levels,—be compatible with the collection devices fitted to the trains. — enable trains to achieve the specified performance levels, — be compatible with the collection devices fitted to the trains.
— enable trains to achieve the specified performance levels,
— be compatible with the collection devices fitted to the trains.
— enable trains to achieve the specified performance levels,
— be compatible with the collection devices fitted to the trains.
2.5.1. The technical installations and the procedures used in the maintenance centres must not constitute a danger to human health.
2.5.2. The technical installations and the procedures used in the maintenance centres must not exceed the permissible levels of nuisance with regard to the surrounding environment.
2.5.3. The maintenance installations on high-speed trains must be such as to enable safety, health and comfort operations to be carried out on all trains for which they have been designed.
2.7.1. Alignment of the network operating rules and the qualifications of drivers and on-board staff must he such as to ensure safe international operation.The operations and maintenance intervals, the training and qualifications of maintenance staff and the quality assurance system set up in the maintenance centres of the operators concerned must be such as to ensure a high level of safety.
2.7.2. The operation and maintenance periods, the training and qualifications of the maintenance staff and the quality assurance system set up by the operators concerned in the maintenance centres must be such as to ensure a high level of system reliability and availability.
2.7.3. The alignment of the operating rules of the networks and the qualifications of drivers, on-board staff and managers in charge of traffic must be such as to ensure operating efficiency on the trans-European high-speed rail system.
Clause number Clause Title Safety R&A Health Environmental Protection Technical Compatibility Operations Maintenance
1.1.1 1.1.3 1.1.4 2.2.1 1.2 1.3.1 1.3.2 1.4.1 1.4.2 1.4.3 2.2.2 1.5 2.2.3 2.7.1 2.7.2 2.7.3 2.5.1 2.5.2
4.2.1 General provisions — — — — — — — — — — — X X — — — — —
4.2.2 Voltage and frequency — — — X — — — — — — — X X — — — — —
4.2.3 System performance and installed power — — — — — — — — — — — X X — — — — —
4.2.4 Regenerative braking — X — X — — — X — — — X X X — — — —
4.2.5 Harmonic emissions towards the power utility — — — X — — — — — X — — — — — — — —
4.2.6 External electromagnetic compatibility — — — X — — — X — X X X — — — — — —
4.2.7 Continuity of power supply in case of disturbances X X — X X — — — — — — — — — — X — —
4.2.8 Protection of the environment — — — — — — — X X X X — — — — — — X
4.2.9.1 Overall design X X X — — — — — — — — X X — — — — —
4.2.9.2 Geometry of Overhead Contact Line X X — — — — — — — — — X X — — — — —
4.2.10 Compliance of the Overhead Contact Line with Infrastructure Gauge X — — — — — — — — — — X — — — — — —
4.2.11 Contact wire material X X X — — — X — — — — X X — — — — —
4.2.12 Contact Wire Wave Propagation Speed — — — — — — — — — X X X X — — — — —
4.2.14 Static contact force X X X X — — — — — — — X X — — — — —
4.2.15 Mean contact force X X X X — — — — — — — X X — — — — —
4.2.16 Requirements for dynamic behaviour and quality of current collection X X — X — — — — — X X X X — — — — —
4.2.17 Vertical movement of the contact point — — — X — — — — — X — X X — — — — —
4.2.18 Current capacity of the overhead contact line system X X X X — — — — — — — X X — — — — —
4.2.19 Pantograph spacing used for the design of the overhead contact line — X — — — — — — — X — X X — — — — —
4.2.20 Current at standstill (DC Systems) X X X X — — — — — — — X X — — — — —
4.2.21 Phase Separation Sections X — X X — — — — — X — X X X — X — —
4.2.22 System Separation Sections X — X X — — — — — X — X X X — X — —
4.2.23 Electrical Protection Coordination Arrangements X X — X — — — — — — — X — X — X — —
4.2.24 Effects of DC on AC Systems — X X X — — — — — X — X — — — — — —
4.2.25 Harmonics and Dynamic Effects X X — X — — — — — X — X — — — — — —
4.4.1 Management of power supply in case of danger X X — X — — — — — — — — X — X — —
4.4.2 Execution of works X — — X X — — — — — — X — X X X — —
4.5 Maintenance of power supply and overhead contact line system X X X X X X X — X — — X X X X X X X
4.6 Professional competences — — — — — — — — — — — — — X X X — —
4.7.1 Protective provisions of substations and posts X X X X — X X — — X X X — X — — — —
4.7.2 Protective provisions of overhead contact line system X X X X — X X — — X X X — X — — — —
4.7.3 Protective provisions of current return circuit X X X X — X X — — X X X X X — — — —
4.7.4 Other general requirements — — — X — X X — — — — — — X X X X X
5.4.1.1 Overall design X X X — — — — — — — — X X — — — — —
5.4.1.2 Geometry X X — X — — — — — X X X X — — — — —
5.4.1.3 Current capacity X X X X — — — — — — — X X — — — — —
5.4.1.4 Contact wire material X X X — — — X — — — — X X — — — — —
5.4.1.5 Current at standstill (DC Systems) X X X X — — — — — — — X X — — — — —
5.4.1.6 Wave propagation speed — — — — — — — — — X X X X — — — — —
5.4.1.7 Design for Pantograph Spacing — X — — — — — — — X — X X — — — — —
5.4.1.8 Mean contact force X X X X — — — — — — — X X — — — — —
5.4.1.9 Dynamic behaviour and quality of current collection X X — X — — — — — X X X X — — — — —
5.4.1.10 Vertical Movement of the Contact Point — — — X — — — — — X — X X — — — — —
5.4.1.11 Space for Uplift X X — X — — — — — X X X X — — — — —
— the maximum line speed, and
— the power demand of the trains at the pantographs.
Nominal voltages and frequencies Category I Category II Category III
AC 25 kV 50 Hz X X X
AC 15 kV 16,7 Hz (1) X X
DC 3 kV (2) X X
DC 1,5 kV — X X
(1)In Member States with networks electrified at AC 15 kV 16,7 Hz, it is permissible for this system to be used for new category I lines. It is permissible for the same system to be applied in adjacent countries when it can be economically justified by the Member State. No assessment is required in this case.(2)It is permissible for the DC 3 kV supply to be used in Italy, Spain and Poland for existing and new category I line sections operated at 250 km/h when electrification with AC 25 kV 50 Hz could create a risk of disturbing ground and on-board signalling equipment on an existing line. (1) In Member States with networks electrified at AC 15 kV 16,7 Hz, it is permissible for this system to be used for new category I lines. It is permissible for the same system to be applied in adjacent countries when it can be economically justified by the Member State. No assessment is required in this case. (2) It is permissible for the DC 3 kV supply to be used in Italy, Spain and Poland for existing and new category I line sections operated at 250 km/h when electrification with AC 25 kV 50 Hz could create a risk of disturbing ground and on-board signalling equipment on an existing line.
(1) In Member States with networks electrified at AC 15 kV 16,7 Hz, it is permissible for this system to be used for new category I lines. It is permissible for the same system to be applied in adjacent countries when it can be economically justified by the Member State. No assessment is required in this case.
(2) It is permissible for the DC 3 kV supply to be used in Italy, Spain and Poland for existing and new category I line sections operated at 250 km/h when electrification with AC 25 kV 50 Hz could create a risk of disturbing ground and on-board signalling equipment on an existing line.
(1) In Member States with networks electrified at AC 15 kV 16,7 Hz, it is permissible for this system to be used for new category I lines. It is permissible for the same system to be applied in adjacent countries when it can be economically justified by the Member State. No assessment is required in this case.
(2) It is permissible for the DC 3 kV supply to be used in Italy, Spain and Poland for existing and new category I line sections operated at 250 km/h when electrification with AC 25 kV 50 Hz could create a risk of disturbing ground and on-board signalling equipment on an existing line.
— the line speed,
— the minimum possible headway,
— the maximum train current,
— the power factor of trains,
— the timetable and planned services,
— the mean useful voltage,
Description Category I Category II Category III
Nominal contact wire height (mm) Between 5 080 and 5 300 Between 5 000 and 5 500 AC — between 5 000 and 5 750DC — between 5 000 and 5 600
Minimum contact wire height (mm) — AC — 4 950DC — 4 900
Maximum Contact Wire Height (mm) — AC — 6 000DC — 6 200
Contact wire gradient No planned gradients EN50119:2001 clause 5.2.8.2
Permissible lateral deviation of the contact wire in relation to the track centre line under action of a cross wind The smaller value of either 0,4 m or (1,4 –L2) m
Nominal Value (N) Range for application (N)
AC 70 60 to 90
DC 3 kV 110 90 to 120
DC 1,5 kV 90 70 to 110
AC Curve C2 Fm= 0,001145 × v2+ 70 (N)
AC Curve C Fm= 0,00097 × v2+ 70 (N)
AC Curve C1 Fm= 0,000795 × v2+ 70 (N)
DC 3 kV Fm= 0,00097 × v2+ 110 (N)
DC 1,5 kV Fm= 0,00228 × v2+ 90 (N)
— Contact wire upliftand either
— Mean contact forceFmand standard deviationσmaxor
— Percentage of arcing
Requirement Category I Category II Category III
Space for steady arm uplift 2S0
Mean contact forceFm See 4.2.15
Standard deviation at maximum line speedσmax(N) 0,3Fm
Percentage of arcing at maximum line speed, NQ (%) (minimum duration of arc 5ms) ≤ 0,2 ≤ 0,1 for AC systems≤ 0,2 for DC systems ≤ 0,1
— +0, –10 % for the AC curve C
— +0 %, –10 % for the AC C1 curve (C1 is an upper limit curve)
— +10 %, –0 % for the AC C2 curve (C2 is a lower limit curve)
— +/– 10 % for both the DC Curves
— for the maximum line speed of the overhead contact line,
— by using the mean contact forceFm(see clause 4.2.15),
— for the longest span length.
Category I Category II Category III
AC 80 mm 100 mm National rules apply
DC 80 mm 150 mm National rules apply
Category I Category II Category III
AC systems 200 m 200 m National rules apply
DC systems 200 m 1,5 kV: 35 m3,0 kV: 200 m National rules apply
— a phase separation design where all the pantographs of the longest TSI compliant trains are within the neutral section. The length of the neutral section shall be at least 402 m. For detailed requirements see EN 50367:2006, Annex A.1.3,or
— a shorter phase separation with three insulated overlaps as shown in EN 50367:2006, Annex A.1.5. The overall length of this separation is less than 142 m including clearances and tolerances.
(a) with pantograph raised and touching the contact wire,
(b) with pantograph lowered and not touching the contact wire.
1. the functional design of the system separation section is specified as follows:—the geometry of different elements of the overhead contact line shall prevent pantographs short-circuiting or bridging both power systems.—provision shall be made in the energy subsystem to avoid bridging of both adjacent power supply systems should the opening of the on-board circuit breaker(s) fail,—an example of the arrangement of a system separation section is given in Figure 4.2.22. — the geometry of different elements of the overhead contact line shall prevent pantographs short-circuiting or bridging both power systems. — provision shall be made in the energy subsystem to avoid bridging of both adjacent power supply systems should the opening of the on-board circuit breaker(s) fail, — an example of the arrangement of a system separation section is given in Figure 4.2.22.
— the geometry of different elements of the overhead contact line shall prevent pantographs short-circuiting or bridging both power systems.
— provision shall be made in the energy subsystem to avoid bridging of both adjacent power supply systems should the opening of the on-board circuit breaker(s) fail,
— an example of the arrangement of a system separation section is given in Figure 4.2.22.
— the geometry of different elements of the overhead contact line shall prevent pantographs short-circuiting or bridging both power systems.
— provision shall be made in the energy subsystem to avoid bridging of both adjacent power supply systems should the opening of the on-board circuit breaker(s) fail,
— an example of the arrangement of a system separation section is given in Figure 4.2.22.
2. if the line speed is higher than 250 km/h, the height of the contact wires in both systems shall be the same.
Energy Subsystem Parameter High Speed Energy TSI Clause High Speed Rolling Stock TSI Clause Rolling Stock Subsystem Parameter
Voltage and frequency 4.2.2 4.2.8.3.1.1 Energy Supply
System performance & installed power on a line 4.2.3 4.2.8.3.2 Maximum Power And Maximum Current That Is Permissible To Draw From The Catenary
Power factor 4.2.3 4.2.8.3.3 Power Factor
Regenerative braking
—Conditions for use — Conditions for use 4.2.4 4.2.8.3.1.2 and Energy Recuperation
— Conditions for use
—Voltage variations — Voltage variations 4.2.4 4.2.4.3 Brake System Requirements
— Voltage variations
External Electromagnetic Compatibility(4) 4.2.6 4.2.6.6 Exterior Electromagnetic Interference
Overhead Contact Line
—Automatic Dropping Device (ADD) — Automatic Dropping Device (ADD) 4.2.9.1 4.2.8.3.6.4 and 4.2.8.3.8.4 Pantograph Lowering, Detection of Contact Strip Breakage
— Automatic Dropping Device (ADD)
Overhead Contact Line
—geometry — geometry 4.2.9.2 4.2.3.9 Kinematic Gauge
— geometry
4.2.8.3.6.9 Height of Pantographs
4.2.8.3.7.2 Pantograph Head Geometry
4.2.8.3.8.2 Contact Strip Geometry
4.2.8.3.7.4 Working Range of Pantographs
Compliance of the overhead contact line system with infrastructure gauge 4.2.10 4.2.3.1 Kinematic Gauge
4.2.8.3.7.2 Pantograph Head Geometry
Contact wire material 4.2.11 4.2.8.3.8.3 Contact Strip Material
Overhead contact line system dynamics
—Static Contact Force — Static Contact Force 4.2.14 4.2.8.3.7.3 Pantograph Static Contact Force
— Static Contact Force
—Mean Contact Force — Mean Contact Force 4.2.15 4.2.8.3.6.1 Adjustment of Pantograph Mean Contact Force
— Mean Contact Force
—Current Collection Quality — Current Collection Quality 4.2.16 4.2.8.3.6.2, Arrangement of Pantographs
— Current Collection Quality
4.2.8.3.6.5 Quality of Current Collection
—Contact Point Vertical Movement — Contact Point Vertical Movement 4.2.17 4.2.8.3.6.1 Adjustment of Pantograph Mean Contact Force
— Contact Point Vertical Movement
Contact wire current capacity
—Dynamic — Dynamic 4.2.18 4.2.8.3.2 Maximum Power And Maximum Current That Is Permissible To Draw From The Catenary
— Dynamic
—Standstill (DC Systems) — Standstill (DC Systems) 4.2.20 4.2.8.3.2
— Standstill (DC Systems)
Pantograph Spacing
—Overhead Contact Line Interaction — Overhead Contact Line Interaction 4.2.19 4.2.8.3.6.2 Arrangement of Pantographs
— Overhead Contact Line Interaction
—Separation Sections — Separation Sections 4.2.21, 4.2.22 4.2.8.3.6.2 Arrangement of Pantographs
— Separation Sections
Phase Separation Sections, Power Control 4.2.21 4.2.8.3.6.7 Running Through Phase Separation Sections
System Separation Sections, Power Control 4.2.22 4.2.8.3.6.8 Running Through System Separation Sections
Electrical Protection Coordination 4.2.23 4.2.8.3.6.6 Electrical Protection Coordination
Effects of DC operation on AC system (Open Point) 4.2.24 4.2.8.3.4.2 Effects of DC content in AC supply
Harmonics and Dynamic Effects 4.2.25 4.2.8.3.4.1 Harmonic Characteristics and Related Over-Voltages on the OHL
High visibility clothing 4.7.5 4.2.7.4.1.1 Head lights
— Conditions for use
— Voltage variations
— Automatic Dropping Device (ADD)
— geometry
— Static Contact Force
— Mean Contact Force
— Current Collection Quality
— Contact Point Vertical Movement
— Dynamic
— Standstill (DC Systems)
— Overhead Contact Line Interaction
— Separation Sections
Energy Subsystem Parameter Reference High Speed Energy TSI Reference High Speed Infrastructure TSI Infrastructure Subsystem Parameter
Compliance of the Overhead Contact Line system with infrastructure gauges 4.2.10 4.2.3 Minimum Infrastructure Gauges
Current Return Circuit 4.7.3 4.2.18 Electrical Characteristics
Energy Subsystem Parameter Reference High Speed Energy TSI Reference High Speed Traffic Operations and Management TSI High Speed Traffic Operations & Management Parameter
Management of power supply in case of danger 4.4.1 4.2.1.2.2.2 Modified elements
4.2.1.2.2.3 Informing the driver in real time
Execution of works 4.4.2 2.2.1 Cross-Border Worksites
4.2.1.2.2.2 Modified elements
4.2.1.2.2.3 Informing the driver in real time
Energy Subsystem Parameter Reference High Speed Energy TSI Reference Safety in Railway Tunnels TSI Safety in Railway Tunnels Parameter
Continuity of power supply in case of disturbances 4.2.7 4.2.3.1 Segmentation of overhead line or conductor rails
— the exceptional operating conditions not complying with the TSIs shall be temporary and planned,
— railway undertakings operating and companies working on the line shall be given notice of these temporary exceptions, of their geographic location, their nature and the means of signalling
Overhead Contact Line: The Interoperability Constituent Overhead Contact Line consists of the components listed below to be installed within an Energy subsystem, and the associated design & configuration rules.The components of an overhead contact line are an arrangement of wires suspended over the railway line for supplying electricity to electric trains, together with associated fittings, in-line insulators and other attachments including feeders and jumpers. It is placed above the upper limit of the vehicle gauge, supplying vehicles with electrical energy through roof-mounted current collection equipment known as pantographs. In the case of high-speed rail systems, an overhead contact line with catenary suspension is applied where the contact wire(s) is/are suspended from one or more longitudinal catenaries.The supporting components such as cantilevers, masts and foundations, return conductors, auto-transformer feeders, switches and other insulators are not part of the interoperability constituent overhead contact line. They are covered by subsystem requirements so far as interoperability is concerned.
— the type-examination procedure (module B) indicated in Annex A.1 to this TSI for the design and development phase in combination with the conformity to type procedure (module C) indicated in Annex A.1 to this TSI for the production phase, or
— the full quality management system with design examination procedure (module H2) indicated in Annex A.1 to this TSI for all phases.
— the internal design control with production verification procedure (module A1),
— or the full quality management system procedure (module H1).
— the unit verification procedure (module SG) indicated in Annex A.2 to this TSI, or
— the full quality management system with design examination procedure (module SH2) indicated in Annex A.2 to this TSI.
— issued at any stage for interoperability constituents produced or in production, but not yet integrated in a subsystem
— issued at the design stage for interoperability constituents not yet produced
— issued at any stage for subsystems that have been put into service
— issued at the design stage for subsystems not yet put into service
— the conformity of the subsystem has been checked in relation to the requirements defined in chapter 4 of this TSI by the Notified Body, and
— through carrying out additional assessments the Notified Body confirms that the conformity and/or the suitability for use of the interoperability constituents is in accordance with the requirements of chapter 5, and
— the interoperability constituents, which are not covered by the relevant EC declaration of conformity and/or suitability for use, shall have been used in a subsystem already put in service in at least one of the Member States before the entry in force of this TSI.
— the certificate of conformity of the subsystem shall indicate clearly which interoperability constituents have been assessed by the Notified Body as part of the subsystem verification.
— the EC declaration of verification of the subsystem shall indicate clearly:—Which interoperability constituents have been assessed as part of the subsystem—Confirmation that the subsystem contains the interoperability constituents identical to those verified as part of the subsystem.—For those interoperability constituents, the reason(s) why the manufacturer did not provide an EC Declaration of conformity and/or suitability for use before its incorporation into the subsystem. — Which interoperability constituents have been assessed as part of the subsystem — Confirmation that the subsystem contains the interoperability constituents identical to those verified as part of the subsystem. — For those interoperability constituents, the reason(s) why the manufacturer did not provide an EC Declaration of conformity and/or suitability for use before its incorporation into the subsystem.
— Which interoperability constituents have been assessed as part of the subsystem
— Confirmation that the subsystem contains the interoperability constituents identical to those verified as part of the subsystem.
— For those interoperability constituents, the reason(s) why the manufacturer did not provide an EC Declaration of conformity and/or suitability for use before its incorporation into the subsystem.
— Which interoperability constituents have been assessed as part of the subsystem
— Confirmation that the subsystem contains the interoperability constituents identical to those verified as part of the subsystem.
— For those interoperability constituents, the reason(s) why the manufacturer did not provide an EC Declaration of conformity and/or suitability for use before its incorporation into the subsystem.
— During the transition period and
— under the responsibility of the body having issued the declaration of EC verification of the subsystem
— until the subsystem is upgraded, renewed or replaced and
— under the responsibility of the body having issued the declaration of EC verification of the subsystem
— The number and type of interoperability constituents introduced on the market within their own State;
— Ensure that, where a subsystem is presented for authorisation, reasons for non-certification of the interoperability constituent by the manufacturer are identified;
— Notify, to the Commission and to the other Member States, the details of the non-certified IC and the reasons for non-certification.
— Parameters and specifications concerning the complete subsystem
— Parameters concerning the mechanical parts of the overhead line
— Parameters concerning the power supply
— Parameters concerning the contact wire
— Parameters related to other directives, to operational and maintenance
ENE TSI Clause Number Complete Subsystem Mechanical parts of OCL Power Supply Contact Wire Other directives, Operational, Maintenance
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
4.2.2 X
4.2.3 X
4.2.4 X
4.2.5 X
4.2.6 X
4.2.7 X
4.2.8 X
4.2.9 X
4.2.10 X
4.2.11 X
4.2.12 X
4.2.14 X
4.2.15 X
4.2.16 X
4.2.17 X
4.2.18 X
4.2.19 X
4.2.20 X
4.2.21 X
4.2.22 X
4.2.23 X
4.2.24 X
4.2.25 X
4.7.1 X
4.7.2 X
4.7.3 X
4.7.4 X
4.8 X
— national, bilateral or multilateral agreements between Member States and Infrastructure Managers or Railway Undertakings, agreed on either a permanent or temporary basis, and required due to the very specific or local nature of the intended transport service;
— bilateral or multilateral agreements between Infrastructure Managers, Railway Undertakings or between Member States, which deliver significant levels of local or regional interoperability;
— international agreements between one or more Member States and at least one third country, or between Infrastructure Managers or Railway Undertakings of Member States and at least one Infrastructure Manager or Railway Undertaking of a third country, which deliver significant levels of local or regional interoperability.
— Module A1: Internal Design Control with Production Verification
— Module B: Type examination
— Module C: Conformity to type
— Module H1: Full Quality Management System
— Module H2: Full quality management system with design examination
— Module SG: Unit verification
— Module SH2: Full quality management system with design examination
— a general description of the interoperability constituent and its conditions of use,
— conceptual design and manufacturing information, for example drawings and schemes of components, subassemblies, circuits, etc.
— descriptions and explanations necessary for the understanding of the design and manufacturing information, maintenance and the operation of the interoperability constituent,
— the technical specifications including European specifications(1)with relevant clauses, applied in full or in part,
— descriptions of the solutions adopted to meet the requirements of the TSI, where the European specifications have not been applied in full,
— results of design calculations made, examinations carried out, etc,
— test reports,
— the Directive references (Directives 96/48/EC and other directives to which the interoperability constituent may be subject),
— the name and address of the manufacturer or his authorised representative established within the Community (give trade name and full address and in the case of an authorised representative also give the trade name of the manufacturer or constructor),
— description of interoperability constituent (make, type, etc)
— description of the procedure (module) followed in order to declare conformity,
— all of the relevant descriptions met by the interoperability constituent and in particular any conditions of use,
— name and address of notified body (bodies) involved in the procedure followed in respect of conformity and date of certificates together with the duration and conditions of validity of the certificates,
— reference to the TSI and any other applicable TSI and where appropriate reference to European specifications,
— identification of the signatory empowered to enter into commitments on behalf of the manufacturer or of his authorised representative established within the Community.
— the name and address of the manufacturer and also, if the application is lodged by the authorised representative, his name and address
— a written declaration that the same application has not been lodged with any other Notified Body
— the technical documentation, as described in point 3
— a general type description
— conceptual design and manufacturing information, for example drawings, schemes of components, sub-assemblies, circuits, etc.
— descriptions and explanations necessary for the understanding of the design and manufacturing information, maintenance and the operation of the interoperability constituent
— conditions of integration of the interoperability constituent in its system environment (sub-assembly, assembly, subsystem) and the necessary interface conditions
— conditions for use and maintenance of the interoperability constituent (restrictions of running time or distance, wear limits etc.)
— the technical specifications, including European specifications(3)with relevant clauses, applied in full or in part
— description of the solutions adopted to meet the requirements of the TSI in cases where the European specifications have not been applied in full
— results of design calculations made, examinations carried out, etc.
— test reports
— the Directive references (Directive 96/48/EC and other directives to which the interoperability constituent may be subject),
— the name and address of the manufacturer or his authorised representative established within the Community (give trade name and full address and in the case of an authorised representative also give the trade name of the manufacturer or constructor),
— description of interoperability constituent (make, type etc.)
— description of the procedure (module) followed in order to declare conformity,
— all the relevant descriptions met by the interoperability constituent and in particular its conditions of use,
— name and address of notified body (bodies) involved in the procedure followed in respect of type examination conformity and date of the EC type examination certificate (and its additions) together with the duration and conditions of validity of the certificate,
— reference to the TSI and to any other applicable TSI, and where appropriate reference to European specifications(4),
— identification of the signatory empowered to enter into commitments on behalf of the manufacturer or of his authorised representative established within the Community.
— all relevant information for the product category representative for the interoperability constituent envisaged,
— the quality management system’s documentation.
— a written declaration that the same application has not been lodged with any other notified body,
— the quality objectives and the organisational structure,
— responsibilities and powers of the management with regard to design and product quality,
— the technical design specifications, including European specifications(5), that will be applied, and, where the European specifications will not be applied in full, the means that will be used to ensure that the requirements of the TSI that apply to the interoperability constituent will be met,
— the design control and design verification techniques, processes and systematic actions that will be used when designing the interoperability constituents pertaining to the product category covered,
— the corresponding manufacturing, quality control and quality management system techniques, processes and systematic actions that will be used,
— the examinations, checks and tests that will be carried out before, during and after manufacture, and the frequency with which they will be undertaken,
— the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.,
— the means to monitor the achievement of the required design and product quality and the effective operation of the quality management system.
— the quality management system documentation,
— the quality records as foreseen by the design part of the quality management system, such as results of analyses, calculations, tests, etc.,
— the quality records as foreseen by the manufacturing part of the quality management system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
— the documentation referenced to in the second indent of the second subparagraph of point 3.1,
— the updating referenced in the second subparagraph of point 3.4,
— the decisions and reports from the notified body in the final subparagraph of points 3.4, 4.3 and 4.4.
— the Directive references (Directive 96/48/EC and other directives to which the interoperability constituent may be subject)
— the name and address of the manufacturer or his authorised representative established within the Community (give trade name and full address and in the case of an authorised representative also give the trade name of the manufacturer or constructor),
— description of interoperability constituent (make, type, etc)
— description of the procedure (module) followed in order to declare conformity,
— all of the relevant descriptions met by the interoperability constituent and in particular its conditions of use,
— name and address of notified body (bodies) involved in the procedure followed in respect of conformity, and date of certificate together with the duration and conditions of validity of the certificate,
— reference to the TSI and to any other applicable TSI and where appropriate to European specifications,
— identification of the signatory empowered to enter into commitments on behalf of the manufacturer or of his authorised representative established within the Community.
— the Quality management system approvals indicated in point 3.
— all relevant information for the product category representative for the interoperability constituent envisaged
— the quality management system’s documentation
— a written declaration that the same application has not been lodged with any other Notified Body
— the quality objectives and the organisational structure
— responsibilities and powers of the management with regard to design and product quality
— the technical design specifications, including European specifications(6), that will be applied, and, where the European specifications will not be applied in full, the means that will be used to ensure that the requirements of the TSI that apply to the interoperability constituent will be met
— the design control and design verification techniques, processes and systematic actions that will be used when designing the interoperability constituents pertaining to the product category covered
— the corresponding manufacturing, quality control and quality management system techniques, processes and systematic actions that will be used
— the examinations, checks and tests that will be carried out before, during and after manufacture, and the frequency with which they will be undertaken
— the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
— the means to monitor the achievement of the required design and product quality and the effective operation of the quality management system
— the quality management system documentation,
— the quality records as foreseen by the design part of the quality management system, such as results of analyses, calculations, tests, etc.
— the quality records as foreseen by the manufacturing part of the quality management system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
— the documentation referenced in the second indent of the second subparagraph of point 3.1
— the updating referenced to in the second subparagraph of point 3.4
— the decisions and reports from the Notified Body in the final subparagraph of points 3.4, 4.3 and 4.4
— a general type description
— the technical design specifications, including European specifications, with relevant clauses, that have been applied in full or in part
— any necessary supporting evidence for their adequacy, in particular where the European specifications and the relevant clauses have not been applied
— the test programme
— conditions for integration of the interoperability constituent in its system environment (sub-assembly, assembly, subsystem) and the necessary interface conditions
— conditions for use and maintenance of the interoperability constituent (restrictions of running time or distance, wear limits etc.)
— a written declaration that the same application has not been lodged with any other Notified Body
— the quality management system approvals and additional approvals issued
— the EC design examination certificates and additions issued
— the Directive references (Directive 96/48/EC and other directives to which the interoperability constituent may be subject)
— the name and address of the manufacturer or his authorised representative established within the Community (give trade name and full address and in the case of an authorised representative also give the trade name of the manufacturer or constructor)
— description of interoperability constituent (make, type, etc.)
— description of the procedure (module) followed in order to declare conformity
— all of the relevant descriptions met by the interoperability constituent and in particular any conditions of use
— name and address of Notified Body (Bodies) involved in the procedure followed in respect of conformity and date of certificates together with the duration and conditions of validity of the certificates
— reference to the TSI and any other applicable TSI and where appropriate to European specifications
— identification of the signatory empowered to enter into commitments on behalf of the manufacturer or of his authorised representative established within the Community
— the quality management system approval and surveillance reports indicated in points 3 and 4
— the EC design examination certificate and its additions
— complies with this TSI and any other applicable TSI, which demonstrate that the essential requirements(8)of Directive 96/48/EC have been met
— complies with the other regulations deriving from the Treaty
— the name and address of the contracting entity or its authorised representative
— the technical documentation
— a general description of the subsystem, its overall design and structure
— the infrastructure, including all information as specified in the TSI
— conceptual design and manufacturing information, for example drawings, schemes of components, sub-assemblies, assemblies, circuits, etc.
— descriptions and explanations necessary for the understanding of the design and manufacturing information, the maintenance and the operation of the subsystem
— the technical specifications, including European specifications(10), that have been applied
— any necessary supporting evidence for the use of the above specifications, in particular where European specifications and the relevant clauses have not been applied in full
— a list of the interoperability constituents to be incorporated into the subsystem
— copies of the EC declarations of conformity or suitability for use with which said constituents shall be provided and all the necessary elements defined in annex VI of the directives
— evidence of conformity with other regulations deriving from the treaty (including certificates)
— technical documentation regarding the manufacture and the assembly of the subsystem
— a list of manufacturers involved in the subsystem’s design, manufacturing, assembly and installation
— conditions for use of the subsystem (restrictions of running time or distance, wear limits, etc.)
— conditions for maintenance and technical documentation regarding the maintenance of the subsystem
— any technical requirement that shall be taken into account during production, maintenance or operation of the subsystem
— results of design calculations made, examinations carried out, etc.
— all other appropriate technical evidence, which can demonstrate that previous checking or tests have been successfully performed, under comparable conditions, by independent and competent bodies
— overall design
— structure of the subsystem, including, in particular and when relevant, civil-engineering activities, constituent assembly, overall adjustments
— final testing of the subsystem
— whenever specified in the TSI, the validation under full operational conditions
— all necessary documents relating to the characteristics of the subsystem
— the list of interoperability constituents incorporated into the subsystem
— copies of the EC declarations of conformity and, where appropriate, of the EC declarations of suitability for use, with which the constituents shall be provided in accordance with Article 13 of the Directive, accompanied, where appropriate, by the corresponding documents (certificates, quality management system approvals and surveillance documents) issued by the Notified Bodies
— all elements relating to the maintenance, the conditions and limits for use of the subsystem
— all elements relating to the instructions concerning servicing, constant or routine monitoring, adjustment and maintenance
— certificate of conformity of the Notified Body as mentioned in point 7, accompanied by verification and/or corresponding calculation notes and countersigned by itself, stating that the project complies with the directive and the TSI, and mentioning, where appropriate, reservations recorded during performance of activities and not withdrawn; the certificate should also be accompanied, if relevant, by the inspection and audit reports drawn up in connection with the verification
— evidence of conformity with other regulations deriving from the treaty (including certificates)
— the infrastructure register, including all information as specified in the TSI
— complies with this TSI and any other applicable TSI, which demonstrate that the essential requirements(13)of Directive 96/48/EC have been met
— complies with the other regulations deriving from the Treaty and may be placed in service
— the company responsible for the whole subsystem project (including in particular responsibility for subsystem integration)
— other companies involved only in a part of the subsystem project (performing for example design, assembly or installation of the subsystem)
— name and address of the contracting entity or its authorised representative
— the technical documentation including:—a general description of the subsystem, overall design and structure—the technical design specifications, including European specifications(15), that have been applied—any necessary supporting evidence for the use of the above specifications, in particular where the European specifications and the relevant clauses have not been applied in full—the test programme — a general description of the subsystem, overall design and structure — the technical design specifications, including European specifications(15), that have been applied — any necessary supporting evidence for the use of the above specifications, in particular where the European specifications and the relevant clauses have not been applied in full — the test programme
— a general description of the subsystem, overall design and structure
— the technical design specifications, including European specifications(15), that have been applied
— any necessary supporting evidence for the use of the above specifications, in particular where the European specifications and the relevant clauses have not been applied in full
— the test programme
— a general description of the subsystem, overall design and structure
— the technical design specifications, including European specifications(15), that have been applied
— any necessary supporting evidence for the use of the above specifications, in particular where the European specifications and the relevant clauses have not been applied in full
— the test programme
— the infrastructure register, including all information as specified in the TSI
— the technical documentation regarding the manufacture, the assembly of the subsystem
— a list of the interoperability constituents to be incorporated into the subsystem
— copies of the EC declarations of conformity or suitability for use with which the constituents shall be provided and all the necessary elements defined in annex VI of the directive
— evidence of conformity to other regulations deriving from the treaty (including certificates)
— a list of all manufacturers, involved in the subsystem’s design, manufacturing, assembly and installation
— conditions for use of the subsystem (restrictions of running time or distance, wear limits, etc)
— conditions for maintenance and technical documentation regarding the maintenance of the subsystem
— any technical requirement that shall be taken into account during production, maintenance or operation of the subsystem
— the explanation, of how all stages, as mentioned in point 5.2, are covered by quality management systems of the main contractor and/or of the contracting entity, if involved, and the evidence of their effectiveness
— an indication of the Notified Body (Bodies) responsible for the approval and surveillance of these quality management systems
— all relevant information for the subsystem envisaged,
— the quality management system documentation.
— the quality objectives and the organisational structure
— the corresponding manufacturing, quality control and quality management techniques, processes and systematic actions that will be used
— the examinations, checking and tests that will be carried out before, during and after design, manufacture, assembly and installation and the frequency with which they will be carried out
— the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
— the technical design specifications, including European specifications that will be applied and, where the European specifications will not be applied in full, the means that will be used to ensure that the requirements of the TSI that apply to the subsystem will be met
— the design control and design verification techniques, processes and systematic actions that will be used when designing the subsystem
— the means to monitor the achievement of the required design and subsystem quality and the effective operation of the quality management systems in all phases including production
— responsibilities and powers of the management with regard to overall subsystem quality, including in particular the subsystem integration management
— overall design
— structure of the subsystem, including, in particular, civil-engineering activities, constituent assembly, final adjustment
— final testing of the subsystem
— and where specified in the TSI, the validation under full operation conditions
— whether the relations and interfaces between the quality management systems are clearly documented
— whether overall responsibilities and powers of the management for the compliance of the whole entire subsystem for the main contractor are sufficiently and properly defined
— for the contracting entity or the main contractor, responsible for the whole subsystem project,—overall responsibilities and powers of the management for the compliance of the whole entire subsystem are sufficiently and properly defined — overall responsibilities and powers of the management for the compliance of the whole entire subsystem are sufficiently and properly defined
— overall responsibilities and powers of the management for the compliance of the whole entire subsystem are sufficiently and properly defined
— overall responsibilities and powers of the management for the compliance of the whole entire subsystem are sufficiently and properly defined
— for each applicant,—the quality management system is correctly managed for achieving integration at subsystem level — the quality management system is correctly managed for achieving integration at subsystem level
— the quality management system is correctly managed for achieving integration at subsystem level
— the quality management system is correctly managed for achieving integration at subsystem level
— quality records as foreseen by the design part of the quality management system, such as results of analyses, calculations, tests, etc.
— quality records as foreseen by the manufacturing part (including assembly, installation and integration) of the quality management system, such as inspection reports and test data, calibration data, competency records of the personnel concerned, etc.
— ensure that correct management of interfaces between the different quality management systems relating to subsystem integration has been performed
— collect, in liaison with the contracting entity, the necessary elements for the assessment to guarantee the consistency and the overall supervision of the different quality management systems
— receive all documentation (approval and surveillance), issued by the other Notified Body(s)
— witness the surveillance audits as in point 5.4
— initiate additional audits as in point 5.5 under its responsibility and together with the other Notified Body(s)
— the documentation referenced in the second indent of the second subparagraph of point 5.1
— the updating referenced in the second subparagraph of point 5.5
— the decisions and reports from the Notified Body which are referenced in the points 5.4, 5.5 and 6.4
— all necessary documents relating to the characteristics of the subsystem
— the list of interoperability constituents incorporated into the subsystem
— copies of the EC declarations of conformity and, where appropriate, of the EC declarations of suitability for use, with which the constituents shall be provided in accordance with Article 13 of the Directive, accompanied, where appropriate, by the corresponding documents (certificates, quality management system approvals and surveillance documents) issued by the notified bodies
— evidence of conformity with other regulations deriving from the treaty (including certificates)
— all elements relating to the maintenance, the conditions and limits for use of the subsystem
— all elements relating to the instructions concerning servicing, constant or routine monitoring, adjustment and maintenance
— certificate of conformity of the Notified Body as mentioned under point 9, accompanied by corresponding verification and/or calculation notes and countersigned by itself, stating that the project complies with the Directive and the TSI, and mentioning, where appropriate, reservations recorded during performance of the activities and not withdrawn. The certificate should also be accompanied, if relevant, by the inspection and audit reports drawn up in connection with the verification, as mentioned in points 6.4 and 6.5
— the infrastructure register, including all information as specified in the TSI
— the quality management system approvals and additional approvals issued
— the EC design examination certificates and additions issued
— the risk and safety implications of the subsystem and its various parts
— the use of existing equipment and systems:—used identically as before—used before but adapted for use in the new work — used identically as before — used before but adapted for use in the new work
— used identically as before
— used before but adapted for use in the new work
— used identically as before
— used before but adapted for use in the new work
— the use of existing designs, technologies, materials and production techniques.
— the arrangements for design, production, testing and commissioning
— the operational and service duty
— previous approvals from other competent bodies
— the accreditations of other involved bodies:—it is permissible for the Notified Body to take account of valid accreditation to EN45004, provided that no conflict of interest exists, that accreditation covers the testing being performed and that accreditation is current—where no formal accreditation exists, the Notified Body shall confirm that the systems for control of competence, independence, testing and material handling processes, facilities and equipment and other processes relevant to the contribution to the subsystem are controlled—in all cases, the Notified Body shall consider the appropriateness of the arrangements and decide the level of witnessing required — it is permissible for the Notified Body to take account of valid accreditation to EN45004, provided that no conflict of interest exists, that accreditation covers the testing being performed and that accreditation is current — where no formal accreditation exists, the Notified Body shall confirm that the systems for control of competence, independence, testing and material handling processes, facilities and equipment and other processes relevant to the contribution to the subsystem are controlled — in all cases, the Notified Body shall consider the appropriateness of the arrangements and decide the level of witnessing required
— it is permissible for the Notified Body to take account of valid accreditation to EN45004, provided that no conflict of interest exists, that accreditation covers the testing being performed and that accreditation is current
— where no formal accreditation exists, the Notified Body shall confirm that the systems for control of competence, independence, testing and material handling processes, facilities and equipment and other processes relevant to the contribution to the subsystem are controlled
— in all cases, the Notified Body shall consider the appropriateness of the arrangements and decide the level of witnessing required
— it is permissible for the Notified Body to take account of valid accreditation to EN45004, provided that no conflict of interest exists, that accreditation covers the testing being performed and that accreditation is current
— where no formal accreditation exists, the Notified Body shall confirm that the systems for control of competence, independence, testing and material handling processes, facilities and equipment and other processes relevant to the contribution to the subsystem are controlled
— in all cases, the Notified Body shall consider the appropriateness of the arrangements and decide the level of witnessing required
Characteristic Clause Design review Module B or H2 Type Examination Modules B or H2 Basis of assessment
Overall design 5.4.1.1 X N/A
Geometry 5.4.1.2 X X
Current capacity 5.4.1.3 X N/A
Contact wire material 5.4.1.4 X X
Current at standstill 5.4.1.5 X X
Wave propagation speed 5.4.1.6 X N/A
Mean contact force 5.4.1.8 X N/A
Dynamic behaviour and quality of current collection 5.4.1.9 X X Conformity Assessment as per clause 4.2.16.2.1 by validated simulation according to EN 50318 for design review, and measurements according to EN 50317 for type test
Vertical movement of the contact point 5.4.1.10 X X Validated simulation according to EN 50318 for design reviewMeasurements according to EN 50317 for type tests
Space for uplift 5.4.1.11 X X Validated simulation according to EN 50318 for Design reviewMeasurement according to EN 50317 for Type Tests with mean contact force according to clause 4.2.15
N/A: not applicable
Assessment Phase
Characteristic Clause Design review Construction, assembly, mounting Assembled, before putting into service Validation under full operating conditions Basis of assessment
Voltage and frequency 4.2.2 X N/A N/A N/A
System performance and installed power 4.2.3 X N/A N/A N/A
Regenerative braking 4.2.4 X N/A N/A N/A
Continuity of power supply 4.2.7 X N/A X N/A
Overhead contact line Overall Design, Geometry 4.2.9 X N/A X N/A
Compliance of the overhead contact line system with infrastructure gauge 4.2.10 X N/A N/A N/A
Contact Wire Material 4.2.11 X(*1) X N/A N/A
Contact Wire Wave Propagation Speed 4.2.12 X(*1)
Static contact force 4.2.14 X(*1) N/A N/A N/A DC systems only
Mean contact force 4.2.15 X(*1) N/A X(*1) N/A
Quality of current collection with mean contact force 4.2.16 X(*1) N/A X N/A Verification as per clause 4.2.16.2.1 by validated simulation according to EN 50318 for design review.Verification of assembled overhead contact line as per clause 4.2.16.2.3 by measurements according to EN 50317
Vertical movement of the contact point 4.2.17 X(*1) N/A X N/A Validated simulations according to EN 50318Measurement according to EN 50317
Current capacity of overhead contact line 4.2.18 X(*1) N/A N/A N/A
Current at standstill 4.2.20 X(*1) N/A X(*1) N/A DC systems only
Phase separation sections 4.2.21 X N/A X N/A
System separation sections 4.2.22 X N/A X N/A
Electrical Protection Arrangements 4.2.23 X N/A X N/A
Harmonics and Dynamic Effects 4.2.25 X N/A X N/A
Power supply in case of danger 4.4.1 X N/A X N/A
Maintenance — Manufacturer's responsibilities 4.5.1 X N/A N/A N/A The NoBo shall only confirm the existence of operation limits
Maintenance — Infrastructure Manager's responsibilities 4.5.2 X N/A N/A N/A The NoBo shall only confirm the existence of a maintenance plan
Protection against electric shock 4.7.1,4.7.2,4.7.3 X X X X Validation required only where demonstration of conformity of the assembled subsystem is only possible under full operating conditions
N/A: not applicable
Parameter, interoperability element Clause
Voltage and Frequency 4.2.2
Maximum line speed 4.2.3
Maximum train current 4.2.3
Power/current limitation on board required: yes or no 4.2.3
Locations where regenerative braking on DC lines is permissible 4.2.4
Nominal contact wire height 4.2.9
Wind speed for unlimited operation 4.2.9
Mean contact force curve (AC C, C1, C2; DC1,5 kV, DC 3,0kV) 4.2.16
Pantograph spacing (category III lines only) 4.2.19
Maximum contact wire temperature at standstill, DC systems only 4.2.20
Phase separation sections: type of separation section usedInformation on operation 4.2.21
System separation sections: type of separation section usedInformation on operation: tripping of circuit breaker, lowering of pantographs 4.2.22
Electric protection coordination Auto-reclose (yes/no) 4.2.23
Limitations on the maximum permissible current 4.4.3
Specific Cases Used 7.4
Any other divergence from the TSI requirements
Parameter, interoperability element Information HS RST TSI Clause
Electrical Protection Co-ordination Design Breaking capacity of on-board circuit breaker (kA), trains operating on a 15  kV 16,7  Hz line 4.2.8.3.6.6
Arrangement of Pantographs Spacing 4.2.8.3.6.2
Current limitation device fitted Type/Rating 4.2.8.3.2
Fitment of automatic power control devices Type/Rating? 4.2.8.3.6.7, 4.2.8.3.6.8
Regenerative brake fitted Yes/No 4.2.8.3.1.2
Energy related Specific Cases Used 7.3
Any other divergence from the TSI requirements
— envelope height ‘H’ = 6 240 mm Maximum
— uplift
— Euro pan
— centre line of track at extreme position permitted by track tolerance
W = 800 + J mm, when H ≤ 4 300  mm.
W' = 800 + J + (0,040 × (H – 4 300 )) mm, when H > 4 300  mm.
H = Height to top of envelope above rail level (in mm). The dimension is the sum of the contact wire height and the provision for uplift.
J = 200 mm on straight track.
J = 230 mm on curved track.
J = 190 mm (minimum) where constrained by clearance to civil infrastructure that cannot be economically increased.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 96/48/EC of 23 July 1996 of the Council on the interoperability of the trans-European high speed rail system(1), and in particular Article 6 (1) thereof,
(1) In accordance with Article 2(c) and Annex II of Directive 96/48/EC, the trans-European high speed rail system is subdivided into structural and functional subsystems, including an energy subsystem.
(2) Commission Decision 2002/733/EC(2)established the first technical specification for interoperability (TSI) concerning the trans-European high speed energy sub-system.
(3) It is necessary to review that first TSI in light of technical progress and experience gained from its implementation.
(4) The AEIF, as joint representative body, had been given a mandate to review and revise that first TSI. Decision 2002/733/EC should therefore be replaced by this Decision.
(5) The draft revised TSI has been examined by the Committee set up by Directive 96/48/EC
(6) This TSI should apply to new or upgraded and renewed infrastructure, under certain conditions.
(7) This TSI is without prejudice to the provisions of other relevant TSIs which may be applicable to energy subsystems.
(8) The first TSI concerning the ‘energy’ sub-system, came into force in 2002. Due to existing contractual commitments, new energy sub-systems or interoperability constituents, or their renewal and upgrade should fall under conformity assessment under the provisions of this first TSI. Further, the first TSI should remain applicable for the purposes of maintenance, maintenance related replacements for components of the subsystem and interoperability constituents authorised under the first TSI. Therefore, the effects of Decision 2002/733/EC should be maintained in force in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision. In order to determine the difference in scope of applicability of the first TSI, from the new TSI which is in annex to the present Decision, Member States shall notify, not later than six months after the date on which the present Decision becomes applicable, a list of the sub-systems and interoperability constituents to which the first TSI is still applicable.
(9) This TSI does not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the trans-European high speed rail system.
(10) This TSI allows, for a limited period of time, for interoperability constituents to be incorporated into sub-systems without certification if certain conditions are met.
(11) In its current version this TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 96/48/EC technical aspects which are not covered are identified as ‘Open Points’ in Annex L of this TSI”. In accordance with Article 16(3) of Directive 96/48/EC, Member States shall notify to the Commission and other Member States a list of their national technical rules relating to the ‘Open Points’ and the procedures to be used for their conformity assessment.
(12) In relation to the specific cases described in Chapter 7 of this TSI, Member States shall notify to the Commission and other Member States the conformity assessment procedures to be used.
(13) Rail traffic currently operates under existing national, bilateral, multinational or international agreements. It is important that those agreements do not hinder current and future progress towards interoperability. To this end, it is necessary that the Commission examine those agreements in order to determine whether the TSI presented in this Decision needs to be revised accordingly.
(14) The TSI is based on best available expert knowledge at the time of preparation of the relevant draft. To continue to encourage innovation and to take into account the experience acquired, the attached TSI should be subject to periodic revision.
(15) This TSI allows for innovative solutions. Where these are proposed the manufacturer or the contracting entity shall state the deviation from the relevant section of the TSI. The European Rail Agency will finalise the appropriate functional and interface specifications of the solution and develop the assessment methods.
(16) The provisions of this Decision are in conformity with the opinion of the Committee set up by Article 21 of Council Directive 96/48/EC,
HAS ADOPTED THIS DECISION:

Article 1
A Technical Specification for Interoperability (‘TSI’) relating to the ‘energy’ subsystem of the trans-European high speed railway, is hereby adopted by the Commission.
The TSI shall be as set out in the Annex to this Decision.

Article 2
This TSI shall be applicable to all new, upgraded or renewed infrastructure of the trans-European high speed rail system as defined in Annex I to Directive 96/48/EC.

Article 3
1. With regard to those issues classified as ‘Open points’ set out in Annex L of the TSI, the conditions to be complied with for the verification of the interoperability pursuant to Article 16(2) of Directive 96/48/EC shall be those applicable technical rules in use in the Member State which authorise the placing in service of the subsystems covered by this Decision.
2. Each Member State shall notify to the other Member States and to the Commission within six months of the notification of this Decision:
(a)
the list of the applicable technical rules mentioned in paragraph 1;
(b)
the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(c)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.

Article 4
With regard to those issues classified as ‘Specific Cases’ set out in Chapter 7 of the TSI the conformity assessment procedures shall be those applicable in Member States. Each Member State shall notify to the other Member States and the Commission within six months of the notification of this Decision:
(a)
the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(b)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.

Article 5
The TSI allows for a transition period during which the conformity assessment and certification of interoperability constituents may be carried out as part of the sub-system. During this time Member States shall notify to the Commission which interoperability constituents have been assessed in this manner in order for the market for interoperability constituents to be closely monitored and steps taken to facilitate it.

Article 6
Decision 2002/733/EC is hereby repealed. Its provisions shall however continue to apply in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision.
A list of the sub-systems and interoperability constituents to which the provisions of Decision 2002/733/EC continue to apply shall be notified to the Commission not later than six months after the date on which the present Decision becomes applicable.

Article 7
Member States shall notify the following types of agreement to the Commission within six months of the entry into force of the attached TSI:
(a)
national, bilateral or multilateral agreements between Member States and Railway Undertaking(s) or Infrastructure Manager(s), agreed on either a permanent or a temporary basis and required due to the very specific or local nature of the intended train service;
(b)
bilateral or multilateral agreements between Railway Undertaking(s), Infrastructure Manager(s) or Member State(s) which deliver significant levels of local or regional interoperability;
(c)
international agreements between one or more Member State(s) and at least one third country, or between Railway Undertaking(s) or Infrastructure Manager(s) of Member States and at least one Railway Undertaking or Infrastructure Manager of a third country, which deliver significant levels of local or regional interoperability.

Article 8
This Decision shall apply from 1 October 2008.

Article 9
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 96/48/EC of 23 July 1996 of the Council on the interoperability of the trans-European high speed rail system(1), and in particular Article 6 (1) thereof,
(1) In accordance with Article 2(c) and Annex II of Directive 96/48/EC, the trans-European high speed rail system is subdivided into structural and functional subsystems, including an energy subsystem.
(2) Commission Decision 2002/733/EC(2)established the first technical specification for interoperability (TSI) concerning the trans-European high speed energy sub-system.
(3) It is necessary to review that first TSI in light of technical progress and experience gained from its implementation.
(4) The AEIF, as joint representative body, had been given a mandate to review and revise that first TSI. Decision 2002/733/EC should therefore be replaced by this Decision.
(5) The draft revised TSI has been examined by the Committee set up by Directive 96/48/EC
(6) This TSI should apply to new or upgraded and renewed infrastructure, under certain conditions.
(7) This TSI is without prejudice to the provisions of other relevant TSIs which may be applicable to energy subsystems.
(8) The first TSI concerning the ‘energy’ sub-system, came into force in 2002. Due to existing contractual commitments, new energy sub-systems or interoperability constituents, or their renewal and upgrade should fall under conformity assessment under the provisions of this first TSI. Further, the first TSI should remain applicable for the purposes of maintenance, maintenance related replacements for components of the subsystem and interoperability constituents authorised under the first TSI. Therefore, the effects of Decision 2002/733/EC should be maintained in force in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision. In order to determine the difference in scope of applicability of the first TSI, from the new TSI which is in annex to the present Decision, Member States shall notify, not later than six months after the date on which the present Decision becomes applicable, a list of the sub-systems and interoperability constituents to which the first TSI is still applicable.
(9) This TSI does not impose the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the trans-European high speed rail system.
(10) This TSI allows, for a limited period of time, for interoperability constituents to be incorporated into sub-systems without certification if certain conditions are met.
(11) In its current version this TSI does not fully deal with all essential requirements. In accordance with Article 17 of Directive 96/48/EC technical aspects which are not covered are identified as ‘Open Points’ in Annex L of this TSI”. In accordance with Article 16(3) of Directive 96/48/EC, Member States shall notify to the Commission and other Member States a list of their national technical rules relating to the ‘Open Points’ and the procedures to be used for their conformity assessment.
(12) In relation to the specific cases described in Chapter 7 of this TSI, Member States shall notify to the Commission and other Member States the conformity assessment procedures to be used.
(13) Rail traffic currently operates under existing national, bilateral, multinational or international agreements. It is important that those agreements do not hinder current and future progress towards interoperability. To this end, it is necessary that the Commission examine those agreements in order to determine whether the TSI presented in this Decision needs to be revised accordingly.
(14) The TSI is based on best available expert knowledge at the time of preparation of the relevant draft. To continue to encourage innovation and to take into account the experience acquired, the attached TSI should be subject to periodic revision.
(15) This TSI allows for innovative solutions. Where these are proposed the manufacturer or the contracting entity shall state the deviation from the relevant section of the TSI. The European Rail Agency will finalise the appropriate functional and interface specifications of the solution and develop the assessment methods.
(16) The provisions of this Decision are in conformity with the opinion of the Committee set up by Article 21 of Council Directive 96/48/EC,
HAS ADOPTED THIS DECISION:
A Technical Specification for Interoperability (‘TSI’) relating to the ‘energy’ subsystem of the trans-European high speed railway, is hereby adopted by the Commission.
The TSI shall be as set out in the Annex to this Decision.
This TSI shall be applicable to all new, upgraded or renewed infrastructure of the trans-European high speed rail system as defined in Annex I to Directive 96/48/EC.
1. With regard to those issues classified as ‘Open points’ set out in Annex L of the TSI, the conditions to be complied with for the verification of the interoperability pursuant to Article 16(2) of Directive 96/48/EC shall be those applicable technical rules in use in the Member State which authorise the placing in service of the subsystems covered by this Decision.
2. Each Member State shall notify to the other Member States and to the Commission within six months of the notification of this Decision:
(a)
the list of the applicable technical rules mentioned in paragraph 1;
(b)
the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(c)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.
With regard to those issues classified as ‘Specific Cases’ set out in Chapter 7 of the TSI the conformity assessment procedures shall be those applicable in Member States. Each Member State shall notify to the other Member States and the Commission within six months of the notification of this Decision:
(a)
the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(b)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.
The TSI allows for a transition period during which the conformity assessment and certification of interoperability constituents may be carried out as part of the sub-system. During this time Member States shall notify to the Commission which interoperability constituents have been assessed in this manner in order for the market for interoperability constituents to be closely monitored and steps taken to facilitate it.
Decision 2002/733/EC is hereby repealed. Its provisions shall however continue to apply in relation to the maintenance of projects authorised in accordance with the TSI annexed to that Decision and to projects for a new line and for the renewal or upgrading of an existing line which are at an advanced stage of development or the subject of a contract in course of performance at the date of notification of the present Decision.
A list of the sub-systems and interoperability constituents to which the provisions of Decision 2002/733/EC continue to apply shall be notified to the Commission not later than six months after the date on which the present Decision becomes applicable.
Member States shall notify the following types of agreement to the Commission within six months of the entry into force of the attached TSI:
(a)
national, bilateral or multilateral agreements between Member States and Railway Undertaking(s) or Infrastructure Manager(s), agreed on either a permanent or a temporary basis and required due to the very specific or local nature of the intended train service;
(b)
bilateral or multilateral agreements between Railway Undertaking(s), Infrastructure Manager(s) or Member State(s) which deliver significant levels of local or regional interoperability;
(c)
international agreements between one or more Member State(s) and at least one third country, or between Railway Undertaking(s) or Infrastructure Manager(s) of Member States and at least one Railway Undertaking or Infrastructure Manager of a third country, which deliver significant levels of local or regional interoperability.
This Decision shall apply from 1 October 2008.
This Decision is addressed to the Member States.

1.   INTRODUCTION

ANNEXDIRECTIVE 96/48/EC — INTEROPERABILITY OF THE TRANS-EUROPEAN HIGH SPEED RAIL SYSTEMTECHNICAL SPECIFICATION FOR INTEROPERABILITY
‘Energy’ Sub-System
1. | INTRODUCTION | 9
1.1. | Technical scope | 9
1.2. | Geographical scope | 9
1.3. | Content of this TSI | 9
2. | SUBSYSTEM DEFINITION/SCOPE | 10
2.1. | Scope | 10
2.2. | Definition of the subsystem | 10
2.2.1. | Electrification system | 10
2.2.2. | Geometry of Overhead contact line and pantograph | 11
2.2.3. | Interaction of overhead contact line and pantograph | 11
2.2.4. | Transition between high-speed lines and other lines | 11
2.3. | Links with other subsystems and within the subsystem | 11
2.3.1. | Introduction | 11
2.3.2. | Links concerning electrification system | 11
2.3.3. | Links concerning overhead line equipment and pantographs | 12
2.3.4. | Links concerning interaction of overhead contact line and pantograph | 12
2.3.5. | Links concerning phase and system separation sections | 12
3. | ESSENTIAL REQUIREMENTS | 12
3.1. | General | 12
3.2. | essential requirements for the energy subsystem | 13
3.3. | specific aspects for the energy subsystem | 13
3.3.1. | Safety | 13
3.3.2. | Reliability and availability | 14
3.3.3. | Health | 14
3.3.4. | Environmental protection | 14
3.3.5. | Technical compatibility | 15
3.3.6. | Maintenance | 15
3.3.7. | Operations | 15
3.4. | essential requirements summary table | 16
4. | CHARACTERISATION OF THE SUBSYSTEM | 19
4.1. | Introduction | 19
4.2. | functional and technical specifications of the subsystem | 19
4.2.1. | General provisions | 19
4.2.2. | Voltage and frequency | 19
4.2.3. | System performance and installed power | 20
4.2.4. | Regenerative braking | 20
4.2.5. | Harmonic emissions towards the power utility | 20
4.2.6. | External electromagnetic compatibility | 20
4.2.7. | Continuity of power supply in case of disturbances | 21
4.2.8. | Protection of the environment | 21
4.2.9. | Overhead contact line | 21
4.2.9.1. | Overall design | 21
4.2.9.2. | Geometry of overhead contact line | 21
4.2.10. | Compliance of the overhead contact line system with infrastructure gauge | 22
4.2.11. | Contact wire material | 22
4.2.12. | Contact wire wave propagation speed | 22
4.2.13. | Not used | 22
4.2.14. | Static contact force | 22
4.2.15. | Mean contact force | 23
4.2.16. | Dynamic behaviour and quality of current collection | 24
4.2.16.1. | Requirements | 24
4.2.16.2. | Conformity Assessment | 25
4.2.16.2.1. | Interoperability Constituent Overhead Contact Line | 25
4.2.16.2.2. | Interoperability Constituent Pantograph | 25
4.2.16.2.3. | IC OCL in a newly installed line (Integration into a Subsystem) | 26
4.2.16.2.4. | IC Pantograph integrated into new rolling stock | 26
4.2.16.2.5. | Statistical calculations and simulations | 26
4.2.17. | Vertical movement of the contact point | 26
4.2.18. | Current capacity of the overhead contact line system: AC and DC systems, trains in motion | 27
4.2.19. | Pantograph spacing used for the design of the overhead contact line | 27
4.2.20. | Current capacity, DC systems, trains at standstill | 27
4.2.21. | Phase separation sections | 28
4.2.22. | System separation sections | 29
4.2.22.1. | General | 29
4.2.22.2. | Pantographs raised | 29
4.2.22.3. | Pantographs lowered | 29
4.2.23. | Electrical Protection Coordination Arrangements | 30
4.2.24. | Effects of DC operation on AC systems | 30
4.2.25. | Harmonics and Dynamic Effects | 30
4.3. | Functional and technical specifications for the interfaces | 30
4.3.1. | High Speed Rolling stock subsystem | 30
4.3.2. | High Speed Infrastructure subsystem | 32
4.3.3. | High Speed Control-Command and Signalling subsystem | 32
4.3.4. | High Speed Traffic Operations and Management | 32
4.3.5. | Safety in Railway Tunnels | 32
4.4. | Operating rules | 33
4.4.1. | Management of power supply in case of danger | 33
4.4.2. | Execution of works | 33
4.4.3. | Day-to-day management of power supply | 33
4.5. | Maintenance of power supply and overhead contact line system | 33
4.5.1. | Manufacturer’s Responsibility | 33
4.5.2. | Infrastructure Manager’s Responsibility | 33
4.6. | Professional competences | 34
4.7. | Health and safety conditions | 34
4.7.1. | Protective provisions of substations and posts | 34
4.7.2. | Protective provisions of overhead contact line system | 34
4.7.3. | Protective provisions of current return circuit | 34
4.7.4. | Other general requirements | 34
4.7.5. | High Visibility Clothing | 35
4.8. | Infrastructure and rolling stock registers | 35
4.8.1. | Infrastructure Register | 35
4.8.2. | Rolling Stock Register | 35
5. | INTEROPERABILITY CONSTITUENTS | 35
5.1. | Definitions | 35
5.2. | Innovative solutions | 35
5.3. | List of interoperability constituents | 35
5.4. | Constituents’ performances and specifications | 36
5.4.1. | Overhead contact line | 36
5.4.1.1. | Overall design | 36
5.4.1.2. | Geometry | 36
5.4.1.3. | Current capacity | 36
5.4.1.4. | Contact wire material | 36
5.4.1.5. | Current at standstill | 36
5.4.1.6. | Wave propagation speed | 36
5.4.1.7. | Design for pantograph spacing | 36
5.4.1.8. | Mean contact force | 36
5.4.1.9. | Dynamic behaviour and quality of current collection | 36
5.4.1.10. | Vertical movement of contact point | 36
5.4.1.11. | Space for uplift | 36
6. | ASSESSMENT OF CONFORMITY AND/OR SUITABILITY FOR USE | 36
6.1. | Interoperability constituents | 36
6.1.1. | Assessment procedures and modules | 36
6.1.2. | Application of modules | 37
6.1.2.1. | General | 37
6.1.2.2. | Existing solutions for Interoperability Constituents | 37
6.1.2.3. | Innovative solutions for Interoperability Constituents | 37
6.2. | Energy subsystem | 38
6.2.1. | Assessment procedures and modules | 38
6.2.2. | Application of modules | 38
6.2.2.1. | General | 38
6.2.2.2. | Innovative solutions | 38
6.2.3. | Assessment of maintenance | 39
6.3. | Validity of certificates issued against the previous published version of the TSI | 39
6.4. | Interoperable constituents not holding an ec declaration | 39
6.4.1. | General | 39
6.4.2. | The transition period | 39
6.4.3. | The certification of subsystems containing non-certified interoperability constituents during the transition period | 39
6.4.3.1. | Conditions | 39
6.4.3.2. | Notification | 40
6.4.3.3. | Lifecycle Implementation | 40
6.4.4. | Monitoring arrangements | 40
7. | IMPLEMENTATION OF THE ENERGY TSI | 40
7.1. | Application of this tsi to new high-speed lines being put into service | 40
7.2. | Application of this tsi to high-speed lines already in service | 41
7.2.1. | Introduction | 41
7.2.2. | Classification of works | 41
7.2.3. | Parameters and specifications concerning the complete subsystem | 41
7.2.4. | Parameters concerning the mechanical parts of the OCL and the power supply | 41
7.2.5. | Parameters concerning the contact wire | 42
7.2.6. | Parameters related to other directives, to operational and maintenance | 42
7.2.7. | Scope of application | 42
7.3. | TSI revision | 43
7.4. | Specific cases | 43
7.4.1. | Particular features on the Austrian network | 43
7.4.2. | Particular features on the Belgian network | 43
7.4.3. | Particular features on the German network | 44
7.4.4. | Particular features on the Spanish network | 44
7.4.5. | Particular features on the French network | 44
7.4.6. | Particular features on the British network | 45
7.4.7. | Particular features on the Eurotunnel network | 46
7.4.8. | Particular features on the Italian network | 46
7.4.9. | Particular features on the Irish and Northern Irish networks | 46
7.4.10. | Particular features on the Swedish network | 46
7.4.11. | Particular features on the Finnish network | 47
7.4.12. | Particular features on the Polish network | 47
7.4.13. | Particular features on the Danish network including the Öresund link to Sweden. | 47
7.4.14. | Particular features on the Norwegian network — For information only | 47
7.4.15. | Particular features on the Swiss network — For information only | 48
7.4.16. | Particular features on the Lithuanian network | 48
7.4.17. | Particular features on the Netherlands network | 48
7.4.18. | Particular features on the Slovakian network | 48
7.5. | Agreements | 48
7.5.1. | Existing agreements | 48
7.5.2. | Future agreements | 49
ANNEX A: | CONFORMITY MODULES | 50
A.1. | List of the modules | 50
A.2. | Modules for interoperability constituents | 50
Module A1: Internal Design Control with Production Verification | 50
Module B: Type Examination | 52
Module C: Conformity to type | 54
Module H1: Full Quality Management System | 55
Module H2: Full Quality Management System with Design Examination | 58
A.3. | Modules for subsystems | 62
Module SG: Unit verification | 62
Module SH2: Full Quality Management System with Design Examination | 65
A.4. | Assessment of maintenance arrangements: conformity assessment procedure | 71
ANNEX B: | CONFORMITY ASSESSMENT OF INTEROPERABILITY CONSTITUENTS | 72
ANNEX C: | ASSESSMENT OF THE ENERGY SUBSYSTEM | 73
ANNEX D: | INFRASTRUCTURE REGISTER, INFORMATION ON THE ENERGY SUBSYSTEM | 75
ANNEX E: | ROLLING STOCK REGISTER, INFORMATION REQUIRED BY THE ENERGY SUBSYSTEM | 76
ANNEX F: | SPECIFIC CASE — GREAT BRITAIN — PANTOGRAPH ENVELOPE | 77
ANNEXES G TO K ARE NOT USED | 79
ANNEX L: | LIST OF OPEN POINTS | 791.1. Technical scopeThis TSI concerns the Energy subsystem of the trans-European high-speed rail system. The energy subsystem is one of the subsystems listed in Annex II(1) to Directive 96/48/EC as modified by Directive 2004/50/EC.
According to Annex I of the Directive, high-speed lines comprise:

— | specially built high-speed lines equipped for speeds generally equal to or greater than 250 km/h,
— | specially upgraded high-speed lines equipped for speeds of the order of 200 km/h,
— | specially upgraded high-speed lines or lines specially built for high speed, which have special features as a result of topographical or environmental, relief or town-planning constraints, on which speed must be adapted individuallyIn this TSI, these lines have been classified as category I, category II and category III respectively.
1.2. Geographical scopeThe geographical scope of this TSI is the trans-European high-speed rail system as described in Annex I to Directive 96/48/EC as modified by Directive 2004/50/EC.
Reference shall be made in particular to the lines of the trans-European rail network described in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 as modified by Decision No 884/2004/EC on Community guidelines for the development of the trans-European transport network or in any subsequent update to the same Decision as a result of the revision provided for in Article 21 of that Decision.
1.3. Content of this TSIIn accordance with Article 5(3) of Directive 96/48/EC as modified by Directive 2004/50/EC, this TSI:

(a) | indicates its intended scope (chapter 2);
(b) | lays down essential requirements for the Energy subsystem (chapter 3) and its interfaces vis-à-vis other subsystems (chapter 4);
(c) | establishes the functional and technical specifications to be met by the subsystem and its interfaces vis-à-vis other subsystems (chapter 4);
(d) | determines the interoperability constituents and interfaces which shall be covered by European specifications, including European standards, which are necessary to achieve interoperability within the trans-European high speed rail system (chapter 5);
(e) | states, in each case under consideration, which procedures are to be used in order to assess the conformity or the suitability for use of the interoperability constituents, or the EC verification of the subsystems (chapter 6);
(f) | indicates the strategy for implementing this TSI (chapter 7);
(g) | indicates for the staff concerned, the professional competencies and health and safety conditions at work required for the operation and maintenance of the subsystem, as well as for the implementation of the TSI (chapter 4).In accordance with Article 6(3) of the Directive, provision may be made for specific cases for each TSI; these are indicated in chapter 7.
This TSI also sets out, in chapter 4, the operating and maintenance rules specific to the scope indicated in paragraphs 1.1 and 1.2 above.
2. SUBSYSTEM DEFINITION/SCOPE2.1. ScopeThe Energy TSI specifies those requirements which are necessary to assure the interoperability of the trans-European high-speed rail system. This TSI covers the trackside part of the Energy subsystem and the part of the Maintenance subsystem that relates to the trackside part of the Energy subsystem. The Energy subsystem of the trans-European high-speed rail system comprises all fixed installations that are required to supply, with respect to the essential requirements, the trains from high-voltage single-phase or three-phase networks.
The energy subsystem also includes the definition and quality criteria for interaction between pantograph and overhead contact line.
The Energy subsystem consists of:

— | substations: connected on their primary side to the high-voltage grid, with transformation of the high-voltage to a voltage and/or conversion to a power supply system suitable for the trains. On the secondary side, substations are connected to the railway overhead contact line system;
— | sectioning points: electrical equipment located at intermediate locations between substations to supply and parallel overhead contact lines and to provide protection, isolation, auxiliary supplies;
— | overhead contact line system: a system that distributes the electrical energy to the trains running on the route and transmits it to the trains by means of pantographs. The overhead contact line system is also equipped with manually or remotely controlled disconnectors which are required to isolate sections or groups of the overhead contact line system according to operational necessity. Feeder lines are part of the overhead contact line system;
— | return circuit: all conductors which form the intended path of the traction return current and the current under fault conditions. Therefore, so far as this aspect is concerned, the return circuit is part of the Energy subsystem and has an interface with the Infrastructure subsystem;Pantographs transmit electrical energy from the overhead contact line system to the train on which they are installed. The pantograph is integrated into and put into service with the train, and is in the scope of the High Speed Rolling Stock TSI. The interaction between pantograph and the overhead contact line is specified in this TSI.
2.2. Definition of the subsystem2.2.1. Electrification systemAs with any electrical device, a train is designed to operate correctly with a nominal voltage and a nominal frequency applied at its terminals, i.e. the pantograph(s) and wheels. Variations and limits of these parameters need to be defined in order to assure the anticipated train performance.
High-speed trains need a correspondingly high power. In order to supply the trains with minimum resistive losses, it is necessary to have a high supply voltage and (correspondingly) a lower current. The power supply system has to be designed such that every train will be supplied with the necessary power. Therefore, the power consumption of each train and the operating schedule are important aspects for performance.
Modern trains are often capable of using regenerative braking to return energy to the power supply, reducing power consumption overall. Therefore, the power supply system has to be designed to accept regenerative braking energy.
In any electrical system, short-circuits and other fault conditions occur. The electrification system needs to be designed so that the subsystem controls detect these faults immediately and trigger measures to remove the short-circuit current and isolate the affected part of the circuit. After such events, the electrification system has to be able to restore supply to all installations as soon as possible to resume operations.
2.2.2. Geometry of Overhead contact line and pantographThe compatible geometry of the overhead contact line and the pantograph is an important aspect of interoperability. As far as geometrical interaction is concerned, the height of the contact wire above the rails, the lateral deviation in still air and under wind pressure and the contact force have to be specified. The geometry of the pantograph head is also fundamental to assure good interaction with the overhead contact line, taking into account vehicle sway.
2.2.3. Interaction of overhead contact line and pantographAt the high speeds envisaged for the trans-European high-speed rail system, the interaction of overhead contact line and pantograph represents a very important aspect in establishing reliable power transmission without undue disturbances to railway installations and the environment. This interaction is mainly determined by:

— | static and aerodynamic effects dependant upon the nature of the pantograph contact strips and the design of the pantograph, the shape of the vehicle on which the pantograph(s) is (are) mounted and the position of the pantograph on the vehicle,
— | the compatibility of the contact strip material with the contact wire,
— | the dynamic characteristics of the overhead contact line and pantograph(s),
— | the protection of the pantograph(s) and overhead contact line in the case of a broken pantograph contact strip,
— | the number of pantographs in service and the distance between them, since each pantograph can interfere with the others on the same overhead contact line section.2.2.4. Transition between high-speed lines and other linesAlong a line of route, different requirements will apply. The transition between sections having different requirements affects the power supply and overhead contact line system and is, therefore, an aspect to be dealt with in the Energy TSI.
2.3. Links with other subsystems and within the subsystem2.3.1. IntroductionThe Energy subsystem has links with other subsystems of the trans-European high-speed rail system in order to achieve the envisaged performance. These links are covered by the definition of interfaces and performance criteria.
2.3.2. Links concerning electrification system
— | Voltage and frequency and their permissible ranges interface with the High Speed Rolling Stock subsystem.
— | The power installed on the lines and the specified power factor determines the performance of the high-speed rail system and interfaces with the High Speed Rolling Stock subsystem.
— | Regenerative braking reduces energy consumption and interfaces with the High Speed Rolling Stock subsystem.
— | Electrical fixed installations and on-board traction equipment need to be protected against short circuits. Circuit breaker tripping in substations and on trains has to be coordinated. Electrical protection interfaces with the High Speed Rolling Stock subsystem.
— | Electrical interference and harmonic emissions interface with the High Speed Rolling Stock and Control-Command and Signalling subsystems.2.3.3. Links concerning overhead line equipment and pantographs
— | On high-speed lines, the contact wire height needs special attention in order to avoid excessive wear. The contact wire height interfaces with the Infrastructure and High Speed Rolling Stock subsystems.
— | Vehicle and pantograph sway interfaces with the Infrastructure subsystem.2.3.4. Links concerning interaction of overhead contact line and pantographThe quality of current collection depends on the number of pantographs in service, their spacing and other traction-unit-specific details. The arrangement of pantographs interfaces with the Energy subsystem.
2.3.5. Links concerning phase and system separation sections
— | To pass transitions of electrification systems and phase separation sections, without bridging, the number and arrangement of pantographs on trains shall be stipulated. This interfaces with the High Speed Rolling Stock subsystem
— | To pass transitions of electrification systems and phase separation sections, without bridging, control of train current is required. This interfaces with the Control-Command and Signalling subsystem.
— | When passing through system separation sections, lowering of pantograph(s) may be required. This interfaces with the Control-Command and Signalling subsystem.3. ESSENTIAL REQUIREMENTS3.1. GeneralIn the scope of this TSI, compliance with the specifications described in:

— | chapter 4 for the subsystem
— | chapter 5 for the interoperability constituents,as demonstrated by a positive result of the assessment of:

— | conformity and/or suitability for use of the interoperability constituents,
— | and verification of the subsystem,as described in chapter 6 ensures fulfilment of the relevant essential requirements quoted in sections 3.2 and 3.3 of this TSI.
Nevertheless, if part of the essential requirements are covered by national rules because of

— | open and reserved points declared in the TSI,
— | derogation under article 7 of the Directive 96/48/EC as modified by the Directive 2004/50/EC,
— | specific cases described in section 7.4 of this TSI,the corresponding conformity assessment shall be carried out according to procedures under the responsibility of the Member State concerned.
According to Article 4(1) of Directive 96/48/EC as modified by the Directive 2004/50/EC, the trans-European high-speed rail system, its subsystems and its interoperability constituents shall fulfil the essential requirements set out in general terms in Annex III to the Directive.
3.2. Essential requirements for the Energy subsystemThe essential requirements cover:

— | safety,
— | reliability and availability,
— | health,
— | environmental protection,
— | technical compatibility.3.3. Specific aspects for the Energy subsystem3.3.1. SafetyAccording to Annex III to Directive 96/48/EC as modified by the Directive 2004/50/EC, the essential requirements for safety are the following:

1.1.1. | The design, construction or assembly, maintenance and monitoring of safety-critical components, and more particularly of the components involved in train movement must be such 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. | The parameters involved in the wheel/rail contact must meet the stability requirements needed in order to guarantee safe movement at the maximum authorised speed.
1.1.3. | The components used must withstand any normal or exceptional stress that has been specified during their period in service. The safety repercussion of any accidental failure must be limited by appropriate means.
1.1.4. | The design of fixed installations and rolling stock and the choice of the materials used must be aimed at limiting the generation, propagation and effects of fire and smoke in the event of a fire.
1.1.5. | Any devices intended to be handled by users must be so designed as not to impair their safety if used foreseeably in a manner not in accordance with the posted instructions.The aspects mentioned under 1.1.2 and 1.1.5 are not relevant to the Energy subsystem.
In order to satisfy the essential requirements 1.1.1, 1.1.3 and 1.1.4 above, the Energy subsystem shall be designed and constructed so that the requirements set out in clauses 4.2.4, 4.2.7, 4.2.9 to 4.2.16, 4.2.18 to 4.2.25, 4.4.1, 4.4.2, 4.5 and 4.7.1 to 4.7.3 are met and the interoperability constituents used comply with the requirements set out in clause 5.4.1.1 to 5.4.1.5, 5.4.1.7 to 5.4.1.9 and 5.4.1.11.
The following essential requirement for safety according to Annex III to Directive 96/48/EC as modified by Directive 2004/50/EC is especially of concern for the Energy subsystem.

2.2.1. | Operation of the energy supply systems must not impair the safety either of high-speed trains or persons (users, operating staff, trackside dwellers and third parties).In order to satisfy the essential requirement 2.2.1 above, the Energy subsystem shall be designed and constructed so that the requirements set out in clauses 4.2.4 to 4.2.7, 4.2.18, 4.2.20 to 4.2.25, 4.4.1, 4.4.2, 4.5, and 4.7.1 to 4.7.4 are met and the interoperability constituents used comply with the requirements set out in clause 5.4.1.2, 5.4.1.3, 5.4.1.5, 5.4.1.8 to 5.4.1.11.
3.3.2. Reliability and availabilityAccording to Annex III to Directive 96/48/EC as modified by Directive 2004/50/EC, the essential requirement as far as reliability and availability are concerned is the following.

1.2. | The monitoring and maintenance of fixed or moveable components that are involved in train movements must be organised, carried out and quantified in such a manner as to maintain their operation under the intended conditions.In order to satisfy the essential requirement 1.2, the Energy subsystem shall be maintained such that the requirements set out in clause 4.2.7, 4.2.18, 4.4.2, 4.5 are met.
3.3.3. HealthAccording to Annex III to Directive 96/48/EC as modified by Directive 2004/50/EC, the essential requirements for health are the following:

1.3.1. | Materials likely, by virtue of the way they are used, to constitute a health hazard to those having access to them must not be used in trains and railway infrastructures.
1.3.2. | Those materials must be selected, deployed and used in such a way as to restrict the emission of harmful and dangerous fumes or gases, particular in the event of fire.In order to satisfy the essential requirements 1.3.1 and 1.3.2, the Energy subsystem shall be designed and constructed so that the requirements set out in clauses 4.2.11, 4.5, 4.7.1 to 4.7.4 are met and the interoperability constituents used comply with the requirements set out in clause 5.4.1.4.
3.3.4. Environmental protectionAccording to Annex III to Directive 96/48/EC as modified by Directive 2004/50/EC, essential requirements for environmental protection are the following:

1.4.1. | The repercussions on the environment of the establishment and operation of the trans-European high-speed rail system must be assessed and taken into account at the design stage of the system in accordance with the Community provisions in force.
1.4.2. | The materials used in trains and infrastructure must prevent the emissions of fumes and gases which are harmful and dangerous to the environment, particularly in the event of fire.
1.4.3. | The rolling stock and energy supply systems must be designed and manufactured in such a way as to be electromagnetically compatible with the installation equipment and public or private networks with which they might interfere.In order to satisfy essential requirements 1.4.1, 1.4.2 and 1.4.3, the Energy subsystem shall be designed and constructed so that the requirements set out in clauses 4.2.4 to 4.2.6, 4.2.8, 4.2.11, 4.2.16, 4.2.17, 4.2.21, 4.2.22, 4.2.24, 4.2.25 and 4.7.1 to 4.7.3 are met and the interoperability constituents used comply with the requirements set out in clauses 5.4.1.2, 5.4.16, 5.4.1.7, and 5.4.1.9 to 5.4.1.11.
The following essential requirement for environmental protection according to Annex III to Directive 96/48/EC as modified by Directive 2004/50/EC is especially of concern for the Energy subsystem:

2.2.2. | The functioning of the energy supply systems must not interfere with the environment beyond specified limits.In order to satisfy essential requirement 2.2.2, the Energy subsystem shall be designed and constructed so that the requirements set out in clauses 4.2.6, 4.2.8, 4.2.12, 4.2.16, and 4.7.1 to 4.7.3 are met and the interoperability constituents used comply with the requirements set out in clauses 5.4.1.2, 5.4.1.6, 5.4.1.9 to 5.4.1.11.
3.3.5. Technical compatibilityAccording to Annex III to Directive 96/48/EC as modified by Directive 2004/50/EC, the essential requirements for technical compatibility are the following.

1.5. | The technical characteristics of the infrastructures and fixed installations must be compatible which each other and with those of the trains on the trans-European high-speed rail system.If adherence to these characteristics proves difficult on certain sections of the network temporary solutions that ensure compatibility in the future may be implemented.In order to satisfy the essential requirement 1.5, the Energy subsystem shall be designed and constructed so that the requirements set out in clauses 4.2.1 to 4.2.4, 4.2.6, 4.2.9 to 4.2.25, 4.4.2, 4.5 and 4.7.1 to 4.7.3 are met and the interoperability constituents used comply with the requirements set out in clauses 5.4.1.1 to 5.4.1.11.
The following essential requirement for technical compatibility according to Annex III to Directive 96/48/EC as modified by Directive 2004/50/EC is especially of concern for the Energy subsystem:

2.2.3. | The electrical supply systems used throughout the trans-European high-speed rail system must:—enable trains to achieve the specified performance levels,—be compatible with the collection devices fitted to the trains. | — | enable trains to achieve the specified performance levels, | — | be compatible with the collection devices fitted to the trains.
— | enable trains to achieve the specified performance levels,
— | be compatible with the collection devices fitted to the trains.In order to satisfy essential requirement 2.2.3, the Energy subsystem shall be designed and constructed so that the requirements set out in clauses 4.2.1 to 4.2.4, 4.2.9, 4.2.11 to 4.2.22, and 4.5 are met and the interoperability constituents used comply with the requirements set out in clauses 5.4.1.1 to 5.4.1.11
3.3.6. MaintenanceAccording to Annex III to Directive 96/48/EC as modified by Directive 2004/50/EC, the essential requirements for maintenance are the following:

2.5.1. | The technical installations and the procedures used in the maintenance centres must not constitute a danger to human health.
2.5.2. | The technical installations and the procedures used in the maintenance centres must not exceed the permissible levels of nuisance with regard to the surrounding environment.
2.5.3. | The maintenance installations on high-speed trains must be such as to enable safety, health and comfort operations to be carried out on all trains for which they have been designed.The aspects mentioned under 2.5.3 are not relevant to the Energy subsystem.
In the case of the Energy subsystem, maintenance is carried out not in maintenance centres but along the line. Maintenance is carried out by maintenance units, for which the requirements mentioned under 2.5.1 and 2.5.2 apply. In order to satisfy the essential requirements 2.5.1 and 2.5.2, the Energy subsystem Interoperability Constituent shall be designed and constructed so that the requirements set out in clauses 4.2.8, 4.5 and 4.7.4 are met.
3.3.7. OperationsAccording to Annex III to Directive 96/48/EC as modified by Directive 2004/50/EC, the essential requirements for operation are the following:

2.7.1. | Alignment of the network operating rules and the qualifications of drivers and on-board staff must he such as to ensure safe international operation.The operations and maintenance intervals, the training and qualifications of maintenance staff and the quality assurance system set up in the maintenance centres of the operators concerned must be such as to ensure a high level of safety.
2.7.2. | The operation and maintenance periods, the training and qualifications of the maintenance staff and the quality assurance system set up by the operators concerned in the maintenance centres must be such as to ensure a high level of system reliability and availability.
2.7.3. | The alignment of the operating rules of the networks and the qualifications of drivers, on-board staff and managers in charge of traffic must be such as to ensure operating efficiency on the trans-European high-speed rail system.In case of the Energy subsystem, maintenance is carried out not in maintenance centres but along the line. Maintenance is carried out by maintenance units. In order to satisfy the essential requirements 2.7.1 to 2.7.3, the Energy subsystem and Interoperability Constituent shall be designed and constructed so that the requirements set out in clauses 4.2.4, 4.2.21 to 4.2.23, 4.4.1, 4.4.2, 4.5, 4.6 and 4.7.1 to 4.7.4 are met.
3.4. Essential Requirements Summary TableThe clauses addressing each of the Essential Requirements are set out below in Table 3.4; where an X is marked in the column, the Essential Requirement is addressed by the clause listed on the left.
Table 3.4
Clause number | Clause Title | Safety | R&A | Health | Environmental Protection | Technical Compatibility | Operations | Maintenance
1.1.1 | 1.1.3 | 1.1.4 | 2.2.1 | 1.2 | 1.3.1 | 1.3.2 | 1.4.1 | 1.4.2 | 1.4.3 | 2.2.2 | 1.5 | 2.2.3 | 2.7.1 | 2.7.2 | 2.7.3 | 2.5.1 | 2.5.2
4.2.1 | General provisions | — | — | — | — | — | — | — | — | — | — | — | X | X | — | — | — | — | —
4.2.2 | Voltage and frequency | — | — | — | X | — | — | — | — | — | — | — | X | X | — | — | — | — | —
4.2.3 | System performance and installed power | — | — | — | — | — | — | — | — | — | — | — | X | X | — | — | — | — | —
4.2.4 | Regenerative braking | — | X | — | X | — | — | — | X | — | — | — | X | X | X | — | — | — | —
4.2.5 | Harmonic emissions towards the power utility | — | — | — | X | — | — | — | — | — | X | — | — | — | — | — | — | — | —
4.2.6 | External electromagnetic compatibility | — | — | — | X | — | — | — | X | — | X | X | X | — | — | — | — | — | —
4.2.7 | Continuity of power supply in case of disturbances | X | X | — | X | X | — | — | — | — | — | — | — | — | — | — | X | — | —
4.2.8 | Protection of the environment | — | — | — | — | — | — | — | X | X | X | X | — | — | — | — | — | — | X
4.2.9.1 | Overall design | X | X | X | — | — | — | — | — | — | — | — | X | X | — | — | — | — | —
4.2.9.2 | Geometry of Overhead Contact Line | X | X | — | — | — | — | — | — | — | — | — | X | X | — | — | — | — | —
4.2.10 | Compliance of the Overhead Contact Line with Infrastructure Gauge | X | — | — | — | — | — | — | — | — | — | — | X | — | — | — | — | — | —
4.2.11 | Contact wire material | X | X | X | — | — | — | X | — | — | — | — | X | X | — | — | — | — | —
4.2.12 | Contact Wire Wave Propagation Speed | — | — | — | — | — | — | — | — | — | X | X | X | X | — | — | — | — | —
4.2.14 | Static contact force | X | X | X | X | — | — | — | — | — | — | — | X | X | — | — | — | — | —
4.2.15 | Mean contact force | X | X | X | X | — | — | — | — | — | — | — | X | X | — | — | — | — | —
4.2.16 | Requirements for dynamic behaviour and quality of current collection | X | X | — | X | — | — | — | — | — | X | X | X | X | — | — | — | — | —
4.2.17 | Vertical movement of the contact point | — | — | — | X | — | — | — | — | — | X | — | X | X | — | — | — | — | —
4.2.18 | Current capacity of the overhead contact line system | X | X | X | X | — | — | — | — | — | — | — | X | X | — | — | — | — | —
4.2.19 | Pantograph spacing used for the design of the overhead contact line | — | X | — | — | — | — | — | — | — | X | — | X | X | — | — | — | — | —
4.2.20 | Current at standstill (DC Systems) | X | X | X | X | — | — | — | — | — | — | — | X | X | — | — | — | — | —
4.2.21 | Phase Separation Sections | X | — | X | X | — | — | — | — | — | X | — | X | X | X | — | X | — | —
4.2.22 | System Separation Sections | X | — | X | X | — | — | — | — | — | X | — | X | X | X | — | X | — | —
4.2.23 | Electrical Protection Coordination Arrangements | X | X | — | X | — | — | — | — | — | — | — | X | — | X | — | X | — | —
4.2.24 | Effects of DC on AC Systems | — | X | X | X | — | — | — | — | — | X | — | X | — | — | — | — | — | —
4.2.25 | Harmonics and Dynamic Effects | X | X | — | X | — | — | — | — | — | X | — | X | — | — | — | — | — | —
4.4.1 | Management of power supply in case of danger | X | X | — | X | — | — | — | — | — | — | — | | — | X | — | X | — | —
4.4.2 | Execution of works | X | — | — | X | X | — | — | — | — | — | — | X | — | X | X | X | — | —
4.5 | Maintenance of power supply and overhead contact line system | X | X | X | X | X | X | X | — | X | — | — | X | X | X | X | X | X | X
4.6 | Professional competences | — | — | — | — | — | — | — | — | — | — | — | — | — | X | X | X | — | —
4.7.1 | Protective provisions of substations and posts | X | X | X | X | — | X | X | — | — | X | X | X | — | X | — | — | — | —
4.7.2 | Protective provisions of overhead contact line system | X | X | X | X | — | X | X | — | — | X | X | X | — | X | — | — | — | —
4.7.3 | Protective provisions of current return circuit | X | X | X | X | — | X | X | — | — | X | X | X | X | X | — | — | — | —
4.7.4 | Other general requirements | — | — | — | X | — | X | X | — | — | — | — | — | — | X | X | X | X | X
5.4.1.1 | Overall design | X | X | X | — | — | — | — | — | — | — | — | X | X | — | — | — | — | —
5.4.1.2 | Geometry | X | X | — | X | — | — | — | — | — | X | X | X | X | — | — | — | — | —
5.4.1.3 | Current capacity | X | X | X | X | — | — | — | — | — | — | — | X | X | — | — | — | — | —
5.4.1.4 | Contact wire material | X | X | X | — | — | — | X | — | — | — | — | X | X | — | — | — | — | —
5.4.1.5 | Current at standstill (DC Systems) | X | X | X | X | — | — | — | — | — | — | — | X | X | — | — | — | — | —
5.4.1.6 | Wave propagation speed | — | — | — | — | — | — | — | — | — | X | X | X | X | — | — | — | — | —
5.4.1.7 | Design for Pantograph Spacing | — | X | — | — | — | — | — | — | — | X | — | X | X | — | — | — | — | —
5.4.1.8 | Mean contact force | X | X | X | X | — | — | — | — | — | — | — | X | X | — | — | — | — | —
5.4.1.9 | Dynamic behaviour and quality of current collection | X | X | — | X | — | — | — | — | — | X | X | X | X | — | — | — | — | —
5.4.1.10 | Vertical Movement of the Contact Point | — | — | — | X | — | — | — | — | — | X | — | X | X | — | — | — | — | —
5.4.1.11 | Space for Uplift | X | X | — | X | — | — | — | — | — | X | X | X | X | — | — | — | — | —4. CHARACTERISATION OF THE SUBSYSTEM4.1. IntroductionThe trans-European high-speed rail system, to which Directive 96/48/EC as modified by Directive 2004/50/EC applies and of which the Energy subsystem is a part, is an integrated system whose compatibility shall be verified. This compatibility shall be checked in particular with regard to the specifications of the subsystem, its interfaces vis-à-vis the system in which it is integrated, as well as the operating and maintenance rules.
The functional and technical specifications of the subsystem and its interfaces, described in sections 4.2 and 4.3, do not impose the use of specific technologies or technical solutions, except where this is strictly necessary for the interoperability of the trans-European high speed rail network. But innovative solutions for interoperability may require new specifications and/or new assessment methods. In order to allow technological innovation, these specifications and assessment methods shall be developed by the process described in sections 6.1.2.3 and 6.2.2.2.
Taking account of all the applicable essential requirements, the Energy subsystem is characterised by the specifications set out in clauses 4.2 to 4.8.
For Specific Cases, see chapter 7.4; where reference is made to EN standards, any variations called ‘national deviations’ or ‘special national conditions’ in the EN do not apply. For EN clauses incorporating tables, column headings HS, UP, and Conn shall be taken to mean categories I, II and III respectively.
4.2. Functional and technical specifications of the subsystem4.2.1. General provisionsThe performance to be achieved by the Energy subsystem shall correspond to the relevant performance as specified for each category of line of the trans-European high-speed rail system, with respect to:

— | the maximum line speed, and
— | the power demand of the trains at the pantographs.The Energy subsystem design shall assure the specified performance.
The Infrastructure Manager shall define, on a short section of route, connecting a high-speed line with another line, the position where the requirements of the Energy subsystem TSI for high-speed lines start to apply.
4.2.2. Voltage and frequencyTraction units need standardisation of the voltage and frequency values. Table 4.2.2 lists the nominal voltages and nominal frequencies of the electric power supply systems that shall be used depending upon the line category.
Table 4.2.2Nominal voltages and frequencies and associated line categories
Nominal voltages and frequencies | Category I | Category II | Category III
AC 25 kV 50 Hz | X | X | X
AC 15 kV 16,7 Hz | (1) | X | X
DC 3 kV | (2) | X | X
DC 1,5 kV | — | X | X
(1)In Member States with networks electrified at AC 15 kV 16,7 Hz, it is permissible for this system to be used for new category I lines. It is permissible for the same system to be applied in adjacent countries when it can be economically justified by the Member State. No assessment is required in this case.(2)It is permissible for the DC 3 kV supply to be used in Italy, Spain and Poland for existing and new category I line sections operated at 250 km/h when electrification with AC 25 kV 50 Hz could create a risk of disturbing ground and on-board signalling equipment on an existing line. | (1) | In Member States with networks electrified at AC 15 kV 16,7 Hz, it is permissible for this system to be used for new category I lines. It is permissible for the same system to be applied in adjacent countries when it can be economically justified by the Member State. No assessment is required in this case. | (2) | It is permissible for the DC 3 kV supply to be used in Italy, Spain and Poland for existing and new category I line sections operated at 250 km/h when electrification with AC 25 kV 50 Hz could create a risk of disturbing ground and on-board signalling equipment on an existing line.
(1) | In Member States with networks electrified at AC 15 kV 16,7 Hz, it is permissible for this system to be used for new category I lines. It is permissible for the same system to be applied in adjacent countries when it can be economically justified by the Member State. No assessment is required in this case.
(2) | It is permissible for the DC 3 kV supply to be used in Italy, Spain and Poland for existing and new category I line sections operated at 250 km/h when electrification with AC 25 kV 50 Hz could create a risk of disturbing ground and on-board signalling equipment on an existing line.The voltage and frequency at the terminals of the substation and at the pantograph shall comply with EN 50163:2004, clause 4. Nominal voltage and frequency shall be listed in the Infrastructure Register. Annex D to this TSI lists the parameters of the Infrastructure Register relevant for the Energy subsystem. Conformity shall be demonstrated by means of a design review.
4.2.3. System performance and installed powerThe Energy subsystem shall be designed to meet the required performance in respect of:

— | the line speed,
— | the minimum possible headway,
— | the maximum train current,
— | the power factor of trains,
— | the timetable and planned services,
— | the mean useful voltage,according to the appropriate line category.
The Infrastructure Manager shall declare the line speed, and the maximum train current in the Infrastructure Register (see Annex D). The Energy subsystem design shall assure the ability of the power supply to achieve the specified performance.
The calculated mean useful voltage ‘at the pantograph’ shall comply with EN 50388:2005, clauses 8.3 and 8.4, using the design data for the power factor in EN 50388:2005 clause 6with the exception of hotelling trains in yards and sidings for which the specification is given in HS TSI RST (2006), clause 4.2.8.3.3. The conformity assessment shall be carried out in accordance with EN 50388:2005, clauses 14.4.1, 14.4.2 (simulation only) and 14.4.3.
4.2.4. Regenerative brakingAC power supply systems shall be designed to permit the use of regenerative braking as a service brake, able to exchange power seamlessly either with other trains or by any other means. The substation control and protection devices in the power supply system shall allow regenerative braking.
DC power supply systems are not required to be designed to permit the use of regenerative braking as a service brake. However, where it is permissible to do so, it shall be recorded in the Infrastructure Register.
The fixed installations and their protection devices shall permit the use of regenerative braking unless the conditions described in EN 50388:2005 clause 12.1.1 occur. Conformity assessment for fixed installations shall be carried out according EN 50388:2005, clause 14.7.2.
4.2.5. Harmonic emissions towards the power utilityHarmonic emissions towards the power utility shall be dealt with by the Infrastructure Manager taking into account European or national standards and the requirements of the power utility.
No conformity assessment is required within this TSI.
4.2.6. External electromagnetic compatibilityExternal electromagnetic compatibility is not a specific characteristic of the trans-European high-speed rail network. Energy supply installations shall comply with EN 50121-2:1997 to meet all requirements concerning electromagnetic compatibility.
No conformity assessment is required within this TSI.
4.2.7. Continuity of power supply in case of disturbancesThe power supply and the overhead contact line system shall be designed to enable continuity of operation in case of disturbances. This shall be achieved by sectioning overhead contact line system into supply sections and the installation of redundant equipment in substations.
Conformity assessment shall be carried out by checking the circuit diagrams. It shall be demonstrated that the provisions for continuity, as designed, have been installed.
4.2.8. Protection of the environmentProtection of the environment is covered by other European legislation concerning the assessment of the effects of certain projects on the environment.
No conformity assessment is required within this TSI.
4.2.9. Overhead contact line4.2.9.1. Overall designThe design of the overhead contact line shall comply with EN 50119:2001, clauses 5.1, 5.2.1.2, 5.2.4.1 to 5.2.4.8, 5.2.5, 5.2.6, 5.2.7, 5.2.8.2, 5.2.10, 5.2.11 and 5.2.12. The design and operation of overhead contact lines presumes that pantographs are equipped with an automatic dropping device (ADD) (see High Speed Rolling Stock TSI clauses 4.2.8.3.6.4 and 4.2.8.3.8.4).
Additional requirements, concerning high-speed lines are specified hereafter.
4.2.9.2. Geometry of overhead contact lineOverhead contact line shall be designed for use by pantographs with the head geometry specified in clause 4.2.8.3.7.2 of the High Speed Rolling Stock TSI, and trains as specified in the High Speed Rolling Stock TSIs.
The contact wire height, gradient of the contact wire in relation to the track and the lateral deviation of the contact wire under the action of a cross-wind all govern the compatibility of the trans-European rail network. The permissible data for overhead contact line geometry is given in Table 4.2.9.
Table 4.2.9Permissible data for overhead contact line geometry
Description | Category I | Category II | Category III
Nominal contact wire height (mm) | Between 5 080 and 5 300 | Between 5 000 and 5 500 | AC — between 5 000 and 5 750DC — between 5 000 and 5 600
Minimum contact wire height (mm) | — | AC — 4 950DC — 4 900
Maximum Contact Wire Height (mm) | — | AC — 6 000DC — 6 200
Contact wire gradient | No planned gradients | EN50119:2001 clause 5.2.8.2
Permissible lateral deviation of the contact wire in relation to the track centre line under action of a cross wind | The smaller value of either 0,4 m or (1,4 –L2) mThe permissible contact wire deviation under the action of a cross wind shall be calculated for contact wire heights above 5 300 mm and/or on curved track. It shall be calculated using the half-width of the dynamic envelope of the European pantograph passage,L2.L2shall be calculated in accordance with EN 50367:2006 Annex A.3.
The contact wire height and the wind speed at which unrestricted operation is possible shall be listed in the Infrastructure Register (see Annex D).
For lines referred to in Table 4.2.2 note (2), the nominal contact wire height shall be between 5 000 mm and 5 300 mm.
Lines of category II and III:The nominal contact wire height may be higher on lines with mixed freight and passenger traffic to permit the operation of trailers with oversize gauge, but the maximum wire height stated in table 4.2.9 shall not be exceeded. The requirements for the quality of current collection shall be maintained (see 4.2.16).
At level crossings (not permissible on Category I lines), the contact wire height shall be determined by national rules or in the absence of national rules, EN 50122-1:1997 clauses 4.1.2.3 and 5.1.2.3.
All LinesConformity assessment shall be carried out by design review and measurements before putting into service in accordance with EN 50119:2001, clause 8.5.1.
4.2.10. Compliance of the overhead contact line system with infrastructure gaugeThe design of the overhead contact line system shall comply with the infrastructure gauges defined in clause 4.2.3 of the High Speed Infrastructure TSI. Overhead contact line design shall comply with the kinematic envelope of the vehicles. The gauge to be complied with shall be identified in Infrastructure Register (see Annex D).
The design of structures shall take into account the space necessary for the passage of pantographs in contact with the overhead line equipment and for installation of the overhead contact line itself. The dimensions of tunnels and other structures shall be mutually compatible with the geometry of overhead contact line and the kinematic envelope of the pantograph. High Speed Rolling Stock TSI clause 4.2.3.1 specifies the reference profile of the pantograph. The space necessary for installation of the overhead contact line shall be stipulated by the Infrastructure Manager.
Conformity assessment shall be carried out within the Energy subsystem by a design review.
4.2.11. Contact wire materialPermissible materials for contact wires are copper and copper-alloy. The contact wire shall comply with the requirements of EN 50149:2001 clauses 4.1 to 4.3 and 4.5 to 4.8.
Conformity assessment shall be carried out by design review and during production phase of the contact wire.
4.2.12. Contact wire wave propagation speedThe speed of wave propagation in contact wires is a characteristic parameter for assessing the suitability of overhead contact line for high-speed operation. This parameter depends upon the specific mass and the tensile stress in the contact wire. The wave propagation speed shall be adjusted so that the chosen line speed is no greater than 70 % of the wave propagation speed.
Conformity assessment shall be carried out by design review.
4.2.13. Not used
4.2.14. Static contact forceStatic contact force is defined in EN 50206-1:1998 clause 3.3.5, and is exerted by the pantograph on the contact wire. The overhead contact line shall be designed for a static contact force as specified in Table 4.2.14.
Table 4.2.14Static Contact Forces
| Nominal Value (N) | Range for application (N)
AC | 70 | 60 to 90
DC 3 kV | 110 | 90 to 120
DC 1,5 kV | 90 | 70 to 110For DC 1,5 kV systems, the overhead contact line shall be designed to withstand a static contact force of 140 N per pantograph in order to avoid overheating of the contact wire with a train at standstill with its auxiliaries working.
Conformity assessment shall be carried out by design review and measurements in accordance with EN 50317:2002.
4.2.15. Mean contact forceThe mean contact forceFmis formed by the static and aerodynamic components of the pantograph contact force with dynamic correction.Fmrepresents a target value to be achieved in order to ensure current collection quality without undue arcing and to limit wear and hazards to contact strips.
The mean contact forceFmapplied by a pantograph on the contact wire is shown as a function of running speed in Figure 4.2.15.1 for AC lines, and figure 4.2.15.2 for DC lines. Overhead contact line shall be designed to be capable of sustaining this force curve for all pantographs on a train.
Maximum force (Fmax) on an open route is usually within the range ofFmplus three standard deviations σ; higher values may occur elsewhere.
For speeds higher than 320 km/h, values for the mean contact force are not detailed in the TSI; additional specifications are needed, these specifications are an Open Point. In this case, National Rules shall apply.
Conformity assessment shall be carried out in accordance with EN 50317:2002, clause 6 for AC and DC systems at speeds above 80km/h.
Figure 4.2.15.1Mean contact force Fm
for AC systems as a function of speedFm (N)
Curve C2
Curve C
Curve C1
Speed v km/h

AC | Curve C2 | Fm= 0,001145 × v2+ 70 | (N)
AC | Curve C | Fm= 0,00097 × v2+ 70 | (N)
AC | Curve C1 | Fm= 0,000795 × v2+ 70 | (N)For new lines and when upgrading existing lines of all categories, the curve C shall be used.
New lines may additionally permit the use of Pantographs following C1 or C2 curves. Existing lines may require the use of pantographs following curves C1 or C2; the curve applied shall be stated in the Infrastructure Register.
Figure 4.2.15.2Mean contact force Fm
for DC systems as a function of speedFm (N)
DC 3,0 kV
DC 1,5 kV
Speed v km/h

DC | 3 kV | Fm= 0,00097 × v2+ 110 | (N)
DC | 1,5 kV | Fm= 0,00228 × v2+ 90 | (N)4.2.16. Dynamic behaviour and quality of current collection4.2.16.1. RequirementsThe overhead contact line shall be designed in accordance with the requirements for dynamic behaviour. Contact wire uplift at the design line speed shall comply with the stipulations in Table 4.2.16.
The quality of current collection has a fundamental impact on the life of a contact wire and shall, therefore, comply with agreed and measurable parameters.
Compliance with the requirements on dynamic behaviour shall be verified in accordance with EN 50367:2006, clause 7.2 by assessment of:

— | Contact wire upliftand either
— | Mean contact forceFmand standard deviationσmaxor
— | Percentage of arcingThe Contracting Entity shall declare the method to be used for verification. The values to be achieved by the chosen method are set out in Table 4.2.16.
Table 4.2.16Requirements for dynamic behaviour and current collection quality
Requirement | Category I | Category II | Category III
Space for steady arm uplift | 2S0
Mean contact forceFm | See 4.2.15
Standard deviation at maximum line speedσmax(N) | 0,3Fm
Percentage of arcing at maximum line speed, NQ (%) (minimum duration of arc 5ms) | ≤ 0,2 | ≤ 0,1 for AC systems≤ 0,2 for DC systems | ≤ 0,1For definitions, values and test methods refer to EN 50317:2002 and EN 50318:2002.
S0is the calculated, simulated or measured uplift of the contact wire at a steady arm, generated in normal operating conditions with one or more pantographs with a mean contact forceFmat the maximum line speed. When the uplift of the steady arm is physically limited due to the overhead contact line design, it is permissible for the necessary space to be reduced to 1,5S0(refer to EN 50119:2001 clause 5.2.1.3).
Fmis the dynamically corrected statistical mean value of the contact force.
4.2.16.2. Conformity Assessment4.2.16.2.1. Interoperability Constituent Overhead Contact LineA new design of overhead contact line shall be assessed by simulation according to EN 50318:2002 and by measurement of a test section of the new design according to EN 50317:2002.
The simulations shall be made using at least two different TSI compliant(1)pantographs for the appropriate system, up to the design speed of the pantograph and the proposed Interoperability Constituent Overhead Contact Line for both a single pantograph and multiple pantographs with spacing according table 4.2.19. In order to be acceptable, the simulated current collection quality shall be within the limits of table 4.2.16 for uplift, mean contact force and standard deviation for each of the pantographs.
If the simulation results are acceptable, a site test with a representative section of the new overhead contact line shall be undertaken using one of the pantographs used in the simulation, installed on a train or locomotive producing a mean contact force at the envisaged design speed as required by clause 4.2.15 when operated on one of the overhead contact line systems. In order to be acceptable, the measured current collection quality shall be within the limits of table 4.2.16.
If all the above assessments are passed successfully, the tested overhead contact line design shall be considered to be compliant and may be used on lines where the characteristics of the design match the requirements of the line. This aspect is covered by this TSI.
4.2.16.2.2. Interoperability Constituent PantographIn addition to the pantograph requirements in the Rolling Stock TSI, a new design of a pantograph shall be assessed by simulation according to EN 50318:2002.
The simulations shall be made using at least two different TSI compliant(2)overhead contact lines for the appropriate system, at the design speed of the Pantograph. The simulated current collection quality shall be within the limits of table 4.2.16 for uplift, mean contact force and standard deviation for each of the overhead contact lines.
If the simulation results are acceptable, a site test shall be made using a representative section of one of the overhead contact lines used in the simulation; the interaction characteristics shall be measured in accordance with EN 50317:2002. The pantograph shall be mounted on a train or locomotive so as to produce a mean contact force as required by clause 4.2.15 for the design speed of the pantograph. The measured current collection quality shall be within the limits of table 4.2.16.
If all the assessments are passed successfully, the tested pantograph design shall be considered as compliant and can be used on various designs of rolling stock provided that the mean contact force on the rolling stock complies with the requirements of clause 4.2.16.1. This aspect is covered by the High Speed Rolling Stock TSI.
4.2.16.2.3. IC OCL in a newly installed line (Integration into a Subsystem)If the overhead contact line to be installed on a new high-speed line is certificated as an Interoperability Constituent, measurements of the interaction parameters in accordance with EN 50317:2002 shall be used to check the correct installation. These measurements shall be carried out with an Interoperability Constituent pantograph installed on rolling stock exhibiting the mean contact force characteristics as required by clause 4.2.15 of this TSI for the envisaged design speed. The main goal of this test is to identify construction errors but not to assess the design in principle. The installed overhead contact line can be accepted if the measurement results comply with the requirements of table 4.2.16. This aspect is covered by this TSI.
4.2.16.2.4. IC Pantograph integrated into new rolling stockWhen an approved interoperability constituent pantograph is to be installed on new rolling stock, testing shall be limited to the mean contact force requirements. The tests shall be carried in accordance with EN 50317:2002 or EN 50206-1:1998(3). The tests shall be conducted in both directions of travel and at the range of nominal contact wire heights as applied for. The measured results shall follow the mean curve, plotted using at least 5 speed intervals for Class 1 trains and at least 3 speed intervals for Class 2 trains. The results shall comply with the curves throughout the speed range for the vehicle, within a range of:

— | +0, –10 % for the AC curve C
— | +0 %, –10 % for the AC C1 curve (C1 is an upper limit curve)
— | +10 %, –0 % for the AC C2 curve (C2 is a lower limit curve)
— | +/– 10 % for both the DC CurvesIf the tests are passed successfully, the pantograph mounted on that particular train or locomotive can be used on TSI compliant high-speed lines. This aspect is covered by the High Speed Rolling Stock TSI.
4.2.16.2.5. Statistical calculations and simulationsThe calculation of statistical values shall be appropriate to the speed of the line, and shall be carried out separately for sections in the open and in tunnels. For the purposes of simulation, the control sections shall be defined so that they are representative including features, for example tunnels, crossovers, neutral sections etc.
4.2.17. Vertical movement of the contact pointThe contact point is the point of the mechanical contact between a contact strip and a contact wire.
The vertical height of the contact point above the track shall be as uniform as possible along the span length; this is essential for high-quality current collection.
The maximum difference between the highest and the lowest dynamic contact point height within one span shall be less than the values shown in Table 4.2.17.
This shall be verified by measurements according to EN 50317:2002 or simulations validated according to EN 50318:2002:

— | for the maximum line speed of the overhead contact line,
— | by using the mean contact forceFm(see clause 4.2.15),
— | for the longest span length.This need not be verified for overlap spans or for spans over switches.
Table 4.2.17Vertical movement of the contact point
| Category I | Category II | Category III
AC | 80 mm | 100 mm | National rules apply
DC | 80 mm | 150 mm | National rules apply4.2.18. Current capacity of the overhead contact line system: AC and DC systems, trains in motionThe current capacity shall comply at least with the requirements specified for trains according to EN 50388:2005, clause 7.1. The data in EN 50149:2001 shall be used in the design process.
The thermal effects on the overhead contact line system are related to the level of current which is drawn and the time for which that current is drawn. Crosswinds have a cooling effect. The most unfavourable wind conditions on which the calculation of the current capacity shall be based shall be stipulated by the contracting entity.
The design of the overhead contact line system shall ensure that the maximum conductor temperatures specified in EN 50119:2001, annex B are not exceeded, taking account the data given in EN 50149:2001, clause 4.5, Tables 3 and 4 and the requirements of EN 50119:2001 clause 5.2.9. A design study shall be undertaken to confirm that the overhead contact line system complies with the specified requirements.
Conformity assessment shall be carried out by design review.
4.2.19. Pantograph spacing used for the design of the overhead contact lineThe overhead contact line shall be designed for operation at maximum line speed with two operating adjacent pantographs having the spacing as set out in Table 4.2.19:
Table 4.2.19Pantograph spacing
| Category I | Category II | Category III
AC systems | 200 m | 200 m | National rules apply
DC systems | 200 m | 1,5 kV: 35 m3,0 kV: 200 m | National rules applyConformity assessment shall be carried out by verifying compliance with the requirements for dynamic behaviour defined in clause 4.2.16.
4.2.20. Current capacity, DC systems, trains at standstillThe overhead contact line of DC systems shall be designed to sustain 300 A for 1,5 kV and 200 A for 3,0 kV, per pantograph (see Annex D).
Permissible temperatures are an open point.
Without other requirements, the contact wire temperature shall not exceed the limits set out in EN 50119:2001, Annex B. The overhead contact line shall be tested using the methodology specified in EN 50367:2006, Annex A.4.1.
Conformity assessment shall be carried out in accordance with EN 50367:2006, clause 6.2.
4.2.21. Phase separation sectionsThe design of phase separation sections shall ensure that TSI compliant trains (see High Speed Rolling Stock TSI 2006 clause 4.2.8.3.6.2) can move from one section to an adjacent one without bridging the two phases.
Adequate means shall be provided to allow a train that is stopped within the phase separation section to be restarted. The neutral section shall be connectable to the adjacent sections by remotely controlled disconnectors. The Infrastructure Register shall contain information on the design of phase separation sections (see Annex D).
Lines of category ITwo types of designs of phase separation sections may be adopted, either:

— | a phase separation design where all the pantographs of the longest TSI compliant trains are within the neutral section. The length of the neutral section shall be at least 402 m. For detailed requirements see EN 50367:2006, Annex A.1.3,or
— | a shorter phase separation with three insulated overlaps as shown in EN 50367:2006, Annex A.1.5. The overall length of this separation is less than 142 m including clearances and tolerances.Lines of category II and IIIUpon grounds of costs or topographical constraints, it is permissible to adopt various solutions.
For category II and III lines, separation sections as specified for category I lines or a design according to Figure 4.2.21 may be adopted. In the case of Figure 4.2.21, the centre section shall be connected to the current return path, the neutral sections (d) may be formed by insulating rods or double section insulators and the dimensions shall be as follows:
D ≤ 8 m
The length ofdshall be chosen in accordance with the system voltage, maximum line speed and the maximum pantograph width.
If the separation sections required for category I lines or the separation section according to Figure 4.2.21 are not used, the Infrastructure Manager shall provide adequate procedures or a design to allow for the passage of trains compliant with the High Speed Rolling Stock TSI. Where an alternative solution is proposed, it shall be demonstrated that the alternative is at least as reliable.
Figure 4.2.21Separation Section with InsulatorsPhase 1
d
D
d
Phase 2
Information on the design of phase separation sections shall be provided in the Infrastructure Register (see Annex D).
For design of phase separation sections, conformity assessment shall be carried out within assessment of the Energy subsystem.
4.2.22. System separation sections4.2.22.1. GeneralThe design of system separation sections shall ensure that TSI compliant trains (see High Speed Rolling Stock TSI 2006 clause 4.2.8.3.6.2) can move from one power supply system to an adjacent different power supply system without bridging the two systems.
There are two possibilities for the train to run through system separation sections:

(a) | with pantograph raised and touching the contact wire,
(b) | with pantograph lowered and not touching the contact wire.The neighbouring Infrastructure Managers shall agree either (a) or (b) according to the prevailing circumstances. That choice shall be declared in the Infrastructure Register (see Annex D).
4.2.22.2. Pantographs raisedIf system separation sections are traversed with pantographs raised to the contact wire, the following conditions apply:

1. | the functional design of the system separation section is specified as follows:—the geometry of different elements of the overhead contact line shall prevent pantographs short-circuiting or bridging both power systems.—provision shall be made in the energy subsystem to avoid bridging of both adjacent power supply systems should the opening of the on-board circuit breaker(s) fail,—an example of the arrangement of a system separation section is given in Figure 4.2.22. | — | the geometry of different elements of the overhead contact line shall prevent pantographs short-circuiting or bridging both power systems. | — | provision shall be made in the energy subsystem to avoid bridging of both adjacent power supply systems should the opening of the on-board circuit breaker(s) fail, | — | an example of the arrangement of a system separation section is given in Figure 4.2.22.
— | the geometry of different elements of the overhead contact line shall prevent pantographs short-circuiting or bridging both power systems.
— | provision shall be made in the energy subsystem to avoid bridging of both adjacent power supply systems should the opening of the on-board circuit breaker(s) fail,
— | an example of the arrangement of a system separation section is given in Figure 4.2.22.
2. | if the line speed is higher than 250 km/h, the height of the contact wires in both systems shall be the same.Figure 4.2.22Example of a system separation sectionSystem 1
neutral
System 2
neutral
neutral
> 402 m
4.2.22.3. Pantographs loweredThis option shall be chosen if the conditions of operation with pantographs raised can not be met.
If a system separation section is traversed with pantographs lowered, it shall be designed so as to avoid the bridging by an unintentionally raised pantograph. Equipment shall be provided to switch off both power supply systems should a pantograph remain raised, e.g. by detection of short circuits.
For design of system separation sections, conformity assessment shall be carried out within the Energy subsystem.
4.2.23. Electrical Protection Coordination ArrangementsElectrical protection coordination design of the Energy subsystem shall comply with the requirements detailed in EN 50388:2005, clause 11. The Infrastructure Register shall contain information on protection arrangements of the overhead contact line system (see Annex D) to permit the High Speed Rolling Stock subsystem to demonstrate compatibility.
Conformity assessment shall be carried out for design and operation of substations in accordance with EN 50388:2005 clause 14.6.
4.2.24. Effects of DC operation on AC systemsThe fixed installations shall be designed so that they are immune to low value DC currents flowing out of the DC power supply system into the AC power supply system. Immunity from DC current of Open point Amps is required.
4.2.25. Harmonics and Dynamic EffectsThe High Speed Energy subsystem shall withstand overvoltages generated by rolling stock harmonics up to the limits stated in EN 50388:2005 clause 10.4. Conformity assessment shall consist of a compatibility study that demonstrates that the subsystem element can withstand harmonics up to the defined limits according to EN 50388:2005, clause 10. Conformity assessment shall be conducted according to EN 50388:2005 clause 10.
4.3. Functional and technical specifications for the interfacesFrom the standpoint of technical compatibility, the interfaces of the Energy subsystem with the other subsystems are listed by subsystem below. The interfaces are listed in subsystem order as follows: Rolling Stock, Infrastructure, Control Command Signalling, Operations.
4.3.1. High Speed Rolling stock subsystem
Energy Subsystem Parameter | High Speed Energy TSI Clause | High Speed Rolling Stock TSI Clause | Rolling Stock Subsystem Parameter
Voltage and frequency | 4.2.2 | 4.2.8.3.1.1 | Energy Supply
System performance & installed power on a line | 4.2.3 | 4.2.8.3.2 | Maximum Power And Maximum Current That Is Permissible To Draw From The Catenary
Power factor | 4.2.3 | 4.2.8.3.3 | Power Factor
Regenerative braking | | |
—Conditions for use | — | Conditions for use | 4.2.4 | 4.2.8.3.1.2 and | Energy Recuperation
— | Conditions for use
—Voltage variations | — | Voltage variations | 4.2.4 | 4.2.4.3 | Brake System Requirements
— | Voltage variations
External Electromagnetic Compatibility(4) | 4.2.6 | 4.2.6.6 | Exterior Electromagnetic Interference
Overhead Contact Line | | |
—Automatic Dropping Device (ADD) | — | Automatic Dropping Device (ADD) | 4.2.9.1 | 4.2.8.3.6.4 and 4.2.8.3.8.4 | Pantograph Lowering, Detection of Contact Strip Breakage
— | Automatic Dropping Device (ADD)
Overhead Contact Line | | |
—geometry | — | geometry | 4.2.9.2 | 4.2.3.9 | Kinematic Gauge
— | geometry
4.2.8.3.6.9 | Height of Pantographs
4.2.8.3.7.2 | Pantograph Head Geometry
4.2.8.3.8.2 | Contact Strip Geometry
4.2.8.3.7.4 | Working Range of Pantographs
Compliance of the overhead contact line system with infrastructure gauge | 4.2.10 | 4.2.3.1 | Kinematic Gauge
4.2.8.3.7.2 | Pantograph Head Geometry
Contact wire material | 4.2.11 | 4.2.8.3.8.3 | Contact Strip Material
Overhead contact line system dynamics | | |
—Static Contact Force | — | Static Contact Force | 4.2.14 | 4.2.8.3.7.3 | Pantograph Static Contact Force
— | Static Contact Force
—Mean Contact Force | — | Mean Contact Force | 4.2.15 | 4.2.8.3.6.1 | Adjustment of Pantograph Mean Contact Force
— | Mean Contact Force
—Current Collection Quality | — | Current Collection Quality | 4.2.16 | 4.2.8.3.6.2, | Arrangement of Pantographs
— | Current Collection Quality
4.2.8.3.6.5 | Quality of Current Collection
—Contact Point Vertical Movement | — | Contact Point Vertical Movement | 4.2.17 | 4.2.8.3.6.1 | Adjustment of Pantograph Mean Contact Force
— | Contact Point Vertical Movement
Contact wire current capacity | | |
—Dynamic | — | Dynamic | 4.2.18 | 4.2.8.3.2 | Maximum Power And Maximum Current That Is Permissible To Draw From The Catenary
— | Dynamic
—Standstill (DC Systems) | — | Standstill (DC Systems) | 4.2.20 | 4.2.8.3.2
— | Standstill (DC Systems)
Pantograph Spacing | | |
—Overhead Contact Line Interaction | — | Overhead Contact Line Interaction | 4.2.19 | 4.2.8.3.6.2 | Arrangement of Pantographs
— | Overhead Contact Line Interaction
—Separation Sections | — | Separation Sections | 4.2.21, 4.2.22 | 4.2.8.3.6.2 | Arrangement of Pantographs
— | Separation Sections
Phase Separation Sections, Power Control | 4.2.21 | 4.2.8.3.6.7 | Running Through Phase Separation Sections
System Separation Sections, Power Control | 4.2.22 | 4.2.8.3.6.8 | Running Through System Separation Sections
Electrical Protection Coordination | 4.2.23 | 4.2.8.3.6.6 | Electrical Protection Coordination
Effects of DC operation on AC system (Open Point) | 4.2.24 | 4.2.8.3.4.2 | Effects of DC content in AC supply
Harmonics and Dynamic Effects | 4.2.25 | 4.2.8.3.4.1 | Harmonic Characteristics and Related Over-Voltages on the OHL
High visibility clothing | 4.7.5 | 4.2.7.4.1.1 | Head lights4.3.2. High Speed Infrastructure subsystem
Energy Subsystem Parameter | Reference High Speed Energy TSI | Reference High Speed Infrastructure TSI | Infrastructure Subsystem Parameter
Compliance of the Overhead Contact Line system with infrastructure gauges | 4.2.10 | 4.2.3 | Minimum Infrastructure Gauges
Current Return Circuit | 4.7.3 | 4.2.18 | Electrical Characteristics4.3.3. High Speed Control-Command and Signalling subsystemThe interface for power control at Phase and System Separation Sections is an interface between the Energy and Rolling Stock subsystems. However it is effected via the Control Command Signalling subsystem; consequently the interface is specified in the Control Command Signalling TSI and the Rolling Stock TSI.
Since the harmonic currents generated by rolling stock affect the Control-Command and Signalling subsystem through the Energy subsystem, this subject is dealt within the Control-Command and Signalling subsystem (see High Speed Control Command and Signalling TSI Clause 4.2.12.2 and Annex A index A6). No conformity assessment is required by the Energy subsystem.
4.3.4. High Speed Traffic Operations and Management
Energy Subsystem Parameter | Reference High Speed Energy TSI | Reference High Speed Traffic Operations and Management TSI | High Speed Traffic Operations & Management Parameter
Management of power supply in case of danger | 4.4.1 | 4.2.1.2.2.2 | Modified elements
4.2.1.2.2.3 | Informing the driver in real time
Execution of works | 4.4.2 | 2.2.1 | Cross-Border Worksites
4.2.1.2.2.2 | Modified elements
4.2.1.2.2.3 | Informing the driver in real timeThe Infrastructure Manager is required to have systems in place to communicate with the Railway Undertakings.
4.3.5. Safety in Railway Tunnels
Energy Subsystem Parameter | Reference High Speed Energy TSI | Reference Safety in Railway Tunnels TSI | Safety in Railway Tunnels Parameter
Continuity of power supply in case of disturbances | 4.2.7 | 4.2.3.1 | Segmentation of overhead line or conductor railsThe sectioning of the power supply in a tunnel shall be designed in accordance with the overall strategy for evacuation from the tunnel in question.
4.4. Operating rulesIn light of the essential requirements in chapter 3, the operating rules specific to the Energy subsystem concerned by this TSI are as follows:
4.4.1. Management of power supply in case of dangerProcedures shall be implemented by the Infrastructure Manager to manage the power supply adequately in an emergency. Railway undertakings operating and companies working on the line shall be given notice of the temporary measures, of their geographic location, their nature and the means of signalling. The responsibility for earthing shall be defined in the emergency plan to be written by the Infrastructure Manager.
Conformity assessment shall be carried out by checking the existence of communications channels, instructions, procedures and devices to be used in emergency.
4.4.2. Execution of worksIn certain situations involving pre-planned works, it may be necessary to temporarily suspend the specifications of the energy subsystem and its interoperability constituents defined in chapters 4 and 5 of the TSI. In this case, the Infrastructure Manager shall define the appropriate exceptional operating conditions needed to ensure safety.
The following general provisions apply:

— | the exceptional operating conditions not complying with the TSIs shall be temporary and planned,
— | railway undertakings operating and companies working on the line shall be given notice of these temporary exceptions, of their geographic location, their nature and the means of signallingPrinciples for agreement between neighbouring Infrastructure Managers regarding worksites in cross-border sections are stated in High Speed OPE TSI clause 2.2.1.
4.4.3. Day-to-day management of power supplyIt is permissible for the Infrastructure Manager to vary the maximum permissible train current according to the time of day and/or power supply condition. The Railway Undertakings using the line shall be given notice of these variations, of their geographic location, their nature and the means of signalling (see Annex D).
4.5. Maintenance of power supply and overhead contact line system4.5.1. Manufacturer’s ResponsibilityThe manufacturer shall provide operation limits for all design parameters for the overhead contact line, which can change during operation. For example, data for permissible contact wire wear and permissible stagger tolerance shall be provided.
4.5.2. Infrastructure Manager’s ResponsibilityThe Infrastructure Manager shall uphold the specified characteristics of the power supply system (including substations and posts) and the overhead contact line during their lifetime.
A maintenance plan shall be drawn up by the Infrastructure Manager to ensure that the specified characteristics of the Energy subsystem required to assure interoperability are upheld within the specified limits. The maintenance plan shall contain in particular the description of professional competences for the staff and of the personal protective safety equipment to be used by it.
The Infrastructure Manager shall devise and implement methods for reporting information on safety-critical defects and frequent system failures to the national safety authority.
Maintenance procedures shall not downgrade safety provisions such as the continuity of return current circuit, limitation of overvoltages and detection of short circuits.
4.6. Professional competencesThe professional competences required for the operation of the High Speed Energy subsystem are covered by the High Speed Traffic Operation and Management TSI.
The competence requirements for the maintenance of the Energy subsystem shall be detailed in the maintenance plan (see clause 4.5.2).
4.7. Health and safety conditions4.7.1. Protective provisions of substations and postsElectrical safety of the traction power supply systems shall be achieved by designing and testing these installations according to EN 50122-1:1997, clauses 8 (excluding EN 50179) and 9.1. Substations and switching posts shall be barred against unauthorised access.
The earthing of substations and posts shall be integrated into the general earthing system along the route to comply with the requirements for protection against electric shock as specified in EN 50122-1:1997, clauses 8 (excluding EN 50179) and 9.1.
For each installation, it shall be demonstrated that return current circuits and earthing conductors are adequate by design review. It shall be demonstrated that the provisions for protection against electric shock and rail potential, as designed, have been installed.
Conformity assessment shall be carried out within the assessment of the Energy subsystem.
4.7.2. Protective provisions of overhead contact line systemElectrical safety of the overhead contact line system and protection against electric shock shall be achieved by compliance with EN 50119:2001 clause 5.1.2 and EN 50122-1:1997 clauses 4.1, 4.2, 5.1 (excluding 5.1.2.5), 5.2 and 7.
The earthing provisions of the overhead contact line system shall be integrated into the general earthing system along the route. For each installation it shall be demonstrated that earthing conductors are adequate by design review. It shall be demonstrated that the provisions for protection against electric shock and rail potential, as designed, have been installed.
Conformity assessment shall be carried out within the assessment of the energy subsystem.
4.7.3. Protective provisions of current return circuitElectrical safety and functionality of the current return circuit shall be achieved by designing these installations according to EN 50122-1:1997, clause 7, 9.2, 9.3, 9.4, 9.5, 9.6 (excluding EN 50179).
For each installation it shall be demonstrated that return current circuits are adequate by design review. It shall be demonstrated that the provisions for protection against electric shock and rail potential, as designed, have been installed.
Conformity assessment shall be carried out within the assessment of the energy subsystem.
4.7.4. Other general requirementsIn addition to clauses 4.7.1 to 4.7.3, and the requirements specified in the maintenance plan (see clause 4.5.2), precautions shall be taken to ensure health and safety for maintenance and operations staff, in accordance with the European regulations and the national regulations that are compatible with European legislation.
4.7.5. High Visibility ClothingStaff engaged in the maintenance of the High Speed Energy subsystem, when working on or near the track, shall wear reflective clothes, which bear the EC mark (and therefore satisfy the provisions of Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment).
4.8. Infrastructure and Rolling Stock Registers4.8.1. Infrastructure RegisterAnnex D of this TSI indicates which information concerning the Energy subsystem shall be included in the Infrastructure Register. In all cases when any part or whole of a High Speed Energy subsystem is made compliant with this TSI, an entry shall be made in the Infrastructure Register as indicated in Annex D and the relevant clause in chapters 4 and 7.4 (specific cases).
4.8.2. Rolling Stock RegisterAnnex E of this TSI indicates which information concerning the Energy subsystem shall be included in the Rolling Stock Register.
5. INTEROPERABILITY CONSTITUENTS5.1. DefinitionsAccording to Article 2(d) of Directive 96/48/EC as modified by Directive 2004/50/EC, interoperability constituents are: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 high-speed rail system depends either directly or indirectly.
5.2. Innovative solutionsAs stated in section 4.1 of this TSI, innovative solutions may require new specification and/or new assessment methods. These specifications and assessment methods shall be developed by the process described in sections 6.1.2.3 (and 6.2.2.2).
5.3. List of interoperability constituentsThe interoperability constituents are covered by the relevant provisions of Directive 96/48/EC as modified by Directive 2004/50/EC and as listed below so far as the Energy subsystem is concerned.

Overhead Contact Line: | The Interoperability Constituent Overhead Contact Line consists of the components listed below to be installed within an Energy subsystem, and the associated design & configuration rules.The components of an overhead contact line are an arrangement of wires suspended over the railway line for supplying electricity to electric trains, together with associated fittings, in-line insulators and other attachments including feeders and jumpers. It is placed above the upper limit of the vehicle gauge, supplying vehicles with electrical energy through roof-mounted current collection equipment known as pantographs. In the case of high-speed rail systems, an overhead contact line with catenary suspension is applied where the contact wire(s) is/are suspended from one or more longitudinal catenaries.The supporting components such as cantilevers, masts and foundations, return conductors, auto-transformer feeders, switches and other insulators are not part of the interoperability constituent overhead contact line. They are covered by subsystem requirements so far as interoperability is concerned.5.4. Constituents’ performances and specifications5.4.1. Overhead contact line5.4.1.1. Overall designThe design of the overhead contact line shall comply with clause 4.2.9.1
5.4.1.2. GeometryThe design of the overhead contact line shall comply with the technical specifications given in clauses 4.2.9.2, 4.2.10 and 4.2.12.
5.4.1.3. Current capacityThe current capacity shall comply with the requirements set out in clause 4.2.18.
5.4.1.4. Contact wire materialContact wire materials shall comply with clause 4.2.11.
5.4.1.5. Current at standstillFor DC systems, the overhead contact line shall be designed for the requirements set out in clause 4.2.20.
5.4.1.6. Wave propagation speedThe wave propagation speed of the contact wire shall comply with the requirements of 4.2.12.
5.4.1.7. Design for pantograph spacingThe overhead contact line shall be designed for a pantograph spacing as specified in clause 4.2.19.
5.4.1.8. Mean contact forceThe overhead contact line shall be designed by using the mean contact forceFmstipulated in clause 4.2.15.
5.4.1.9. Dynamic behaviour and quality of current collectionThe overhead contact line shall be designed in accordance with the requirements for dynamic behaviour. Requirements are set out in clause 4.2.16.
Compliance with the requirements shall be demonstrated according to clause 4.2.16.2.1.
5.4.1.10. Vertical movement of contact pointThe contact point is the point of the mechanical contact between a contact strip and a contact wire. The requirements are specified in clause 4.2.17.
5.4.1.11. Space for upliftThe overhead contact line shall be designed providing the required space for uplift as set out in clause 4.2.16.
6. ASSESSMENT OF CONFORMITY AND/OR SUITABILITY FOR USE6.1. Interoperability constituents6.1.1. Assessment procedures and modulesThe assessment procedure for conformity of interoperability constituents as defined in chapter 5 of this TSI shall be carried out by application of modules as specified in Annex A to this TSI.
If the manufacturer can demonstrate that tests or verification for previous applications remain valid for the new applications, then the Notified Body shall take them into account in the conformity assessment.
Assessment procedures for conformity of the interoperability constituent overhead contact line as defined in chapter 5 of this TSI, are indicated in Annex B, Table B.1 to this TSI.
As far as required by the modules specified in Annex A to this TSI, the assessment of conformity of an interoperability constituent shall be conducted by the Notified Body, appointed by the manufacturer or his authorised representative established within the Community.
The manufacturer of an interoperability constituent or his authorised representative established within the Community shall draw up an EC declaration of conformity in accordance with Article 13(1) of and Annex IV, chapter 3 to Directive 96/48/EC as modified by Directive 2004/50/EC before placing the interoperability constituent on the market. An EC declaration of suitability for use is not required for interoperability constituents of the Energy subsystem.
6.1.2. Application of modules6.1.2.1. GeneralFor the conformity assessment procedure of an interoperability constituent of the Energy subsystem, the manufacturer or his authorised representative established within the Community may choose either:

— | the type-examination procedure (module B) indicated in Annex A.1 to this TSI for the design and development phase in combination with the conformity to type procedure (module C) indicated in Annex A.1 to this TSI for the production phase, or
— | the full quality management system with design examination procedure (module H2) indicated in Annex A.1 to this TSI for all phases.These assessment procedures are defined in Annex A to this TSI.
The module H2 may only be chosen where the manufacturer operates a quality management system for design, production, final product inspection and testing, approved and surveyed by a Notified Body.
The conformity assessment shall cover the phases and characteristics as indicated by X in the Table B.1 of Annex B to this TSI.
6.1.2.2. Existing solutions for Interoperability ConstituentsIf an existing solution for an interoperability constituent is already on the European market before this TSI enters into force, then the following process applies.
The manufacturer shall demonstrate that tests and verification of ICs have been considered successful for previous applications under comparable conditions. In this case these assessments shall remain valid in the new application.
In this case, the type can be considered as already approved and an assessment of the type is not necessary.
In accordance with assessment procedures for the different ICs, the manufacturer or its authorised representative established within the Community shall apply either:

— | the internal design control with production verification procedure (module A1),
— | or the full quality management system procedure (module H1).If it is not possible to demonstrate that the solution is positively proven in the past, the Section 6.1.2.1 applies.
6.1.2.3. Innovative solutions for Interoperability ConstituentsWhen a solution proposed to be an Interoperability Constituent is innovative, as defined in the section 5.2, the manufacturer shall state the deviation from the relevant section of the TSI and apply for assessment of conformity or suitability for use of the solution. The European Railway Agency shall finalise the appropriate functional and interface specifications of the constituents and develop the assessment methods.
The appropriate functional and interface specifications and the assessment methods shall be incorporated in the TSI by the revision process. As soon as these documents are published, the assessment procedure of the interoperability constituents may be chosen by the manufacturer or his authorised representative established within the Community, as specified in the section 6.1.2.1
After entry into force of a decision of the Commission, taken in accordance with Article 21(2) of Directive 96/48/EC as modified by Directive 2004/50/EC, the innovative solution may be used before being incorporated into the TSI.
6.2. Energy subsystem6.2.1. Assessment procedures and modulesAt the request of the Contracting Entity or its authorised representative established within the Community, the Notified Body carries out the EC verification in accordance with Article 18(1) of and Annex VI to Directive 96/48/EC as modified by Directive 2004/50/EC, and in accordance with the provisions of the relevant modules as specified in Annex A to this TSI.
If the Contracting Entity can demonstrate that tests or verification for previous applications remain valid for the new applications, the Notified Body shall take them into account in the conformity assessment
Assessment procedures for the EC verification of the Energy subsystem are indicated in Annex C, Table C.1, to this TSI.
As far as specified in this TSI, the EC verification of the Energy subsystem shall take account of its interfaces with other subsystems of the trans-European high-speed rail system.
The Contracting Entity shall draw up the EC declaration of verification for the Energy subsystem in accordance with Article 18(1) of and Annex V to Directive 96/48/EC as modified by Directive 2004/50/EC.
6.2.2. Application of modules6.2.2.1. GeneralFor the assessment procedure of the Energy subsystem the Contracting Entity or its authorised representative established within the Community may choose either:

— | the unit verification procedure (module SG) indicated in Annex A.2 to this TSI, or
— | the full quality management system with design examination procedure (module SH2) indicated in Annex A.2 to this TSI.The module SH2 may be chosen only where all activities contributing to the subsystem project to be verified (design, manufacturing, assembling, installation) are subject to a quality management system for design, production, final product inspection and testing, approved and surveyed by a Notified Body.
The assessment shall cover the phases and characteristics as indicated in Table C.1 of Annex C to this TSI.
6.2.2.2. Innovative solutionsWhen an Energy subsystem includes an innovative solution, as defined in section 4.1, the contracting entity shall state the deviation from the relevant section of the TSI and apply for assessment of conformity.
The European Railway Agency shall finalise the appropriate functional and interface specifications of this solution and develop the assessment methods.
The appropriate functional and interface specifications and the assessment methods shall be incorporated in the TSI by the revision process. As soon as these documents are published, the assessment procedure for the subsystem may be chosen by the manufacturer or the contracting entity or his authorised representative established within the Community, as specified in the section 6.2.2.1.
After entry into force of a decision of the Commission, taken in accordance with Article 21(2) of Directive 96/48/EC as modified by Directive 2004/50/EC, the innovative solution may be used before being incorporated into the TSI.
6.2.3. Assessment of maintenanceAccording to Article 18.3 of Directive 96/48/EC as modified by Directive 2004/50/EC, the Notified Body shall compile the technical file, which includes the maintenance plan.
The Notified Body shall verify only the completeness of the maintenance plan.
The conformity assessment of maintenance is the responsibility of each of the Member State(s) concerned.
6.3. Validity of certificates issued against the previous published version of the TSICertificates of conformity already issued against the previous published version of this TSI continue to remain valid in the following cases:

— | issued at any stage for interoperability constituents produced or in production, but not yet integrated in a subsystem
— | issued at the design stage for interoperability constituents not yet produced
— | issued at any stage for subsystems that have been put into service
— | issued at the design stage for subsystems not yet put into service6.4. Interoperable constituents not holding an EC Declaration6.4.1. GeneralFor a limited period of time, known as the ‘transition period’, interoperability constituents not holding an EC Declaration of Conformity or Suitability for Use may exceptionally be incorporated into subsystems, on the condition that the provisions described in this section are met.
6.4.2. The transition periodThe transition period shall commence from the entry into force of this TSI and shall last for six years.
Once the transition period has ended, and with the exceptions allowed under section 6.4.3.3 below, interoperability constituents shall be covered by the required EC declaration of conformity and/or suitability for use before being incorporated into the subsystem;
6.4.3. The certification of subsystems containing non-certified interoperability constituents during the transition period6.4.3.1. ConditionsDuring the transition period a Notified Body is permitted to issue a certificate of conformity for a subsystem, even if some of the interoperability constituents incorporated within the subsystem are not covered by the relevant EC declarations of conformity and/or suitability for use according to this TSI, if the following three criteria are complied with:

— | the conformity of the subsystem has been checked in relation to the requirements defined in chapter 4 of this TSI by the Notified Body, and
— | through carrying out additional assessments the Notified Body confirms that the conformity and/or the suitability for use of the interoperability constituents is in accordance with the requirements of chapter 5, and
— | the interoperability constituents, which are not covered by the relevant EC declaration of conformity and/or suitability for use, shall have been used in a subsystem already put in service in at least one of the Member States before the entry in force of this TSI.EC Declarations of conformity and/or suitability for use shall not be drawn up for the interoperability constituents assessed in this manner.
6.4.3.2. Notification
— | the certificate of conformity of the subsystem shall indicate clearly which interoperability constituents have been assessed by the Notified Body as part of the subsystem verification.
— | the EC declaration of verification of the subsystem shall indicate clearly:—Which interoperability constituents have been assessed as part of the subsystem—Confirmation that the subsystem contains the interoperability constituents identical to those verified as part of the subsystem.—For those interoperability constituents, the reason(s) why the manufacturer did not provide an EC Declaration of conformity and/or suitability for use before its incorporation into the subsystem. | — | Which interoperability constituents have been assessed as part of the subsystem | — | Confirmation that the subsystem contains the interoperability constituents identical to those verified as part of the subsystem. | — | For those interoperability constituents, the reason(s) why the manufacturer did not provide an EC Declaration of conformity and/or suitability for use before its incorporation into the subsystem.
— | Which interoperability constituents have been assessed as part of the subsystem
— | Confirmation that the subsystem contains the interoperability constituents identical to those verified as part of the subsystem.
— | For those interoperability constituents, the reason(s) why the manufacturer did not provide an EC Declaration of conformity and/or suitability for use before its incorporation into the subsystem.6.4.3.3. Lifecycle ImplementationThe production or upgrade/renewal of the subsystem concerned must be completed within the six years of the transition period. Concerning the subsystem lifecycle:

— | During the transition period and
— | under the responsibility of the body having issued the declaration of EC verification of the subsystemthe interoperability constituents which do not hold an EC declaration of conformity and/suitability for use and are of the same type built by the same manufacturer are permitted to be used for maintenance related replacements and as spare parts for the subsystem.
After the transition period has ended and

— | until the subsystem is upgraded, renewed or replaced and
— | under the responsibility of the body having issued the declaration of EC verification of the subsystemthe interoperability constituents which do not hold an EC declaration of conformity and/or suitability for use and are of the same type built by the same manufacturer may continue to be used for maintenance related replacements.
6.4.4. Monitoring arrangementsDuring the transition period Member States shall monitor:

— | The number and type of interoperability constituents introduced on the market within their own State;
— | Ensure that, where a subsystem is presented for authorisation, reasons for non-certification of the interoperability constituent by the manufacturer are identified;
— | Notify, to the Commission and to the other Member States, the details of the non-certified IC and the reasons for non-certification.7. IMPLEMENTATION OF THE ENERGY TSI7.1. Application of this TSI to new high-speed lines being put into serviceChapters 4 to 6 and any specific provisions in paragraph 7.4 below apply in full to the lines coming within the geographical scope of this TSI (cf. paragraph 1.2) which will be put into service after this TSI enters into force.
7.2. Application of this TSI to high-speed lines already in service7.2.1. IntroductionIn respect of infrastructure installations already in operation, this TSI applies to sections of line being upgraded or renewed under the conditions specified in Article 14.3 of Directive 96/48/EC as modified by Directive 2004/50/EC. In this particular context, it relates fundamentally to the application of a migration strategy which enables an economically justifiable adaptation of existing Energy installations to be made.
Whilst the TSI can be fully applied to new installations, implementation on existing lines may require modifications of existing equipment. The degree of modification necessary will depend on the extent of conformity of the existing equipment. The following principles apply in the case of the High Speed Energy TSI, without prejudice to clause 7.4 (Specific cases). When the Member State requires a new putting into service, the Contracting Entity shall define the practical measures and different phases which are necessary to achieve the required levels of performance. These phases may include transition periods for placing into service with reduced levels of performance.
This TSI shall not apply to existing energy subsystems of the high speed network as long as they are not renewed or upgraded.
7.2.2. Classification of worksTaking into account the foreseeable life span of the different parts of the energy subsystem, the list of those parts in descending order of difficulty of modification is as follows:

— | Parameters and specifications concerning the complete subsystem
— | Parameters concerning the mechanical parts of the overhead line
— | Parameters concerning the power supply
— | Parameters concerning the contact wire
— | Parameters related to other directives, to operational and maintenanceTable 7.2 sets out the parameters, and the categories that they fall into.
7.2.3. Parameters and specifications concerning the complete subsystemThe elements concerning the complete system involve the most constraints, since more often than not they can and shall only be modified when complete restructuring work of the complete Energy subsystem of the line (re-electrification) is carried out. Clause 4.2.10 is also linked to the modifications of the gauge of the line section (structures, tunnels, etc.).
7.2.4. Parameters concerning the mechanical parts of the OCL and the power supplyThese parameters are less critical as regards partial modifications, either because they can be gradually modified in areas of limited geographical extent or because certain components can be modified independently of the subsystem of which they form part.
They will be brought into conformity in the course of major overhead contact line upgrading projects intended to improve line performance.
It is possible to gradually replace all or part of the mechanical Overhead Contact Line elements by elements in conformity with the TSI. In such cases, account must be taken of the fact that each of these elements taken in isolation does not make it possible on its own to ensure the conformity of the whole: the conformity of a subsystem or Interoperability Constituent can only be stated globally, i.e. when all the elements have been brought into conformity with the TSI.
Intermediate stages may, in this case, prove necessary in order to maintain the compatibility of the overhead contact line with the provisions of other subsystems (control-command and signalling, infrastructure), as well as with the movement of trains not covered by TSIs.
7.2.5. Parameters concerning the contact wireConformity is required each time a new contact wire is installed in an overhead contact line.
7.2.6. Parameters related to other directives, to operational and maintenanceThese parameters have to be fulfilled for each upgrade and renewal.
7.2.7. Scope of applicationEach time there is a cross in column 3 or 4, the corresponding requirement shall also be applied when applying clause 7.2.3 (complete sub-system, column 2).
When there is a cross in column 5, the corresponding requirement shall also be applied when applying clauses 7.2.3 (complete sub-system (column 2)) or 7.2.4 (mechanical parts of the OCL (columns 3) or power supply (column 4)).
NB:in both these instances, it is not a requirement to change physical components if compliance with the TSI can be demonstrated.
Table 7.2.7Application of the TSI when upgrading/renewing lines already in service
ENE TSI Clause Number | Complete Subsystem | Mechanical parts of OCL | Power Supply | Contact Wire | Other directives, Operational, Maintenance
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6
4.2.2 | X | | | |
4.2.3 | | | X | |
4.2.4 | | | X | |
4.2.5 | | | | | X
4.2.6 | | | | | X
4.2.7 | | | X | |
4.2.8 | | | | | X
4.2.9 | | X | | |
4.2.10 | | X | | |
4.2.11 | | | | X |
4.2.12 | | | | X |
4.2.14 | | X | | |
4.2.15 | | X | | |
4.2.16 | | X | | |
4.2.17 | | X | | |
4.2.18 | | X | | |
4.2.19 | | X | | |
4.2.20 | | X | | |
4.2.21 | | X | | |
4.2.22 | | X | | |
4.2.23 | | | X | |
4.2.24 | | | X | |
4.2.25 | | | X | |
4.7.1 | | | X | |
4.7.2 | | X | | |
4.7.3 | | | X | |
4.7.4 | | | | | X
4.8 | | | | | X7.3. TSI RevisionIn conformity with article 6(3) of Directive 96/48/EC as modified by Directive 2004/50/EC, the Agency shall be responsible for preparing the review and updating of TSIs and making appropriate recommendations to the Committee referred to in Article 21 of this Directive in order to take account of developments in technology or social requirements. In addition, the progressive adoption and revision of other TSIs may also impact this TSI. Proposed changes to this TSI shall be subject to rigorous review and updated TSIs will be published on an indicative periodic basis of 3 years.
The Agency shall be notified of any innovative solutions being considered by manufacturers or contracting entities according to section 6.1.2.3 or 6.2.2.2, or by Notified Bodies when the manufacturer or contracting entity failed to do so in order to determine its future inclusion within the TSI.
Then the Agency shall proceed according to section 6.1.2.3 or 6.2.2.2.
7.4. Specific casesThe following special provisions are authorised specific cases. These specific cases are classified according to two categories: the provisions apply either permanently (‘P’ cases), or temporarily (‘T’ cases). For temporary cases, it is recommended that the target system is reached either by 2010 (cases ‘T1’), an objective set in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network or in any subsequent update to the same Decision, or by 2020 (cases ‘T2’).
7.4.1. Particular features on the Austrian network(P case)
Category II and III linesThe investment of changing the overhead contact line on category II and III lines and in stations to meet the requirements of the 1 600 mm Euro pantograph is prohibitive. Trains traversing these lines will have to be provided with secondary 1 950 mm pantographs for medium-speed operation up to 230 km/h so that the overhead contact line on these parts of the trans-European network will not have to be prepared for the operation of the Euro pantograph. In these areas a maximum lateral deviation of contact wire of 550 mm related to the vertical on the track centre line under action of cross wind is permissible. Future studies concerning category II and III lines should take into account the Euro pantograph to demonstrate the relevance of the choices made.
Category III lines (T1 case)To comply with the requirements on mean useful voltage and installed power additional substations are necessary. Installation is planned until 2010.
7.4.2. Particular features on the Belgian network(T1 case)
Existing category I linesOn existing category I lines the phase separation sections are not compatible with the requirement of pantograph spacing between three pantographs of more than 143 m. Between existing category I lines and category II lines there is no automatic control to trigger the opening of the main circuit breaker on the traction vehicles.
Both items will be modified.
Category II and III linesOn some line sections, under bridges, the contact wire height does not meet the TSI minimum requirements and needs to be modified. Dates are open.
7.4.3. Particular features on the German network(P case)
The investment of changing the overhead contact line on category II and III lines and in stations to meet the requirements of the 1 600 mm Euro pantograph is prohibitive. Trains traversing these lines shall be provided with secondary 1 950 mm pantographs for medium-speed operation up to 230 km/h so that the overhead contact line on these parts of the trans-European network need not to be prepared for the operation of the Euro pantograph. In these areas a maximum lateral contact wire position of 550 mm is permissible related to the vertical on the track centre line under action of crosswind. Future studies concerning category II and III lines should take into account the Euro pantograph to demonstrate the relevance of the choices made.
7.4.4. Particular features on the Spanish network(P case)
On some category II and III lines and in stations the 1 600 mm Europantograph is not permitted. Trains traversing these lines shall be provided with secondary 1 950 mm pantographs for medium-speed operation up to 230 km/h.
The investment of changing the overhead contact line on category II and III lines and in stations to meet the requirements of the 1 600 mm Euro pantograph is prohibitive. Trains traversing these lines shall be provided with secondary 1 950 mm pantographs for medium-speed operation up to 230 km/h so that the overhead contact lines on these parts of the trans-European network needs not be prepared for the operation of the Euro pantograph. In these areas a maximum lateral contact wire position of 550 mm related to the vertical on the track centre line is permissible under action of crosswind. Future studies concerning category II and III lines shall take into account the Euro pantograph to demonstrate the relevance of the choices made.
The nominal contact wire height will be 5,60 m on some sections of future category I lines in Spain, particularly in case of the future high-speed line between Barcelona and Perpignan. This would also concern France between the Spanish border and Perpignan if required by both governments.
On existing high-speed lines, the phase separation sections are not compatible with the High Speed Rolling Stock TSI compliant pantograph arrangement (see High Speed Rolling Stock TSI clause 4.2.8.3.6.2). On these existing category I lines, the investment of changing these existing separation sections is very high. Consequently, if there is an incompatibility between a High Speed Rolling Stock TSI compliant train and a separation section, special operating conditions will be proposed by the Infrastructure Manager. Existing non-compliant separation sections will be upgraded during important adaptations.
7.4.5. Particular features on the French network(P case)
Category I linesOn existing high-speed lines, the phase separation sections are not compatible with the High Speed Rolling Stock TSI compliant pantograph arrangement (see High Speed Rolling Stock TSI clause 4.2.8.3.6.2). On these existing category I lines, the investment of changing these existing separation sections is very high. Consequently, if there is an incompatibility between a High Speed Rolling Stock TSI compliant train and a separation section, special operating conditions will be proposed by the Infrastructure Manager. Existing non-compliant separation sections will be upgraded during important adaptations.
Category I lines (T2 case)On the specific high-speed line Paris to Lyon, a modification of the overhead contact line is necessary to provide for the permissible uplift without uplift stops installed in the pantographs. As a consequence, trains not equipped with uplift stops on board are not permitted to run on this line.
Category II and III lines (T2 case)For DC lines, the cross-section of contact wires is not sufficient to comply with the TSI requirements for current at standstill in stations or in areas where trains are pre-heated.
On the existing High Speed Line Paris-Tours, a 1,5 kV DC section (about 20 km) is operated in the vicinity of 260 km/h. The conversion of this section has not been yet scheduled.
The existing DC line Bordeaux to Spain (Irun) is operated with a 1 950 mm DC collector head. To operate this line with a compliant 1 600 mm Euro collector head, the overhead line has to be upgraded accordingly.
7.4.6. Particular features on the British networkThe railway infrastructure within Great Britain was historically built to a smaller gauge than the other railways of Europe. It is uneconomic or impracticable to increase the gauge, and therefore the target gauge for Great Britain will be the UK1 issue 2 (see High Speed Infrastructure TSI).
(P Case)
Contact wire heightVariable contact wire height and gradient will be retained on electrified lines in Categories II and III. The nominal wire height adopted in future on upgraded lines in the Great Britain will not be less than 4 700 mm. However where constraints require it, the minimum permissible wire height is 4 140 mm, sufficient to allow the passage of electric trains built to UK1B gauge.
The contact wire height on the Continental Main Line, (the interface between Network Rail, the Channel Tunnel Rail Link, and Eurotunnel) the contact wire height varies between 5 935 mm and 5 870 mm.
Contact wire lateral deviation under the action of cross wind.On existing Category II and III lines, the permissible lateral deviation of the contact wire in relation to the track centre line under the action of crosswinds shall be 400 mm at a wire height of ≤ 4 700 mm. For wire heights above 4 700 mm, this value shall decrease by 0,040 × (wire height (mm) – 4 700) mm for wire heights above 4 700 mm.
Peak Contact Force at Discrete LocationsOn Category II and III lines, discrete features shall be designed to withstand a Peak Contact Force (Fmax) of up to 300 N as filtered at 20 Hz.
Phase Separation sectionsThe overhead line equipment shall be designed for operation with pantograph heads with an along track width up to a maximum of 400 mm.
Pantograph Gauge EnvelopeFor electrified lines in Categories II and III, the electrification infrastructure (except for the contact wire and registration arm) shall not enter the gauge envelope defined in the diagram (see Annex F); this is an absolute gauge, and not a reference profile subject to adjustments.
Voltage and frequencyFor the purposes of this TSI and references to EN 50163:2004 and EN 50388:2005, abnormal operating conditions includes the unavailability of two or more incoming electricity supplies in any combination.
Maximum train currentThe maximum train current in Great Britain for electrified lines in Categories II and III, shall be 300 A, unless a higher value is defined within the Register of Infrastructure for a particular route.
7.4.7. Particular features on the Eurotunnel network(P Case)
The contact wire height on Eurotunnel infrastructure in the Channel Tunnel varies between 6 020 mm and 5 920 mm.
7.4.8. Particular features on the Italian networkExisting category I lines (T1 case)The geometry of the overhead contact line needs to be adjusted for height of contact wire on a length of 100 km of DC double track line.
These modifications will be carried out by 2010.
Existing category I lines (P case)On the AC high-speed line Rome-Naples, the phase separation sections are not compatible with the pantograph arrangement for High Speed Rolling Stock TSI compliant trains (see High Speed Rolling Stock TSI clause 4.2.8.3.6.2). On this line, the investment of changing these existing separation sections is very high. Consequently, if there is an incompatibility between a High Speed Rolling Stock TSI compliant train and a separation section, special operating conditions will be proposed by the Infrastructure Manager. Existing non-compliant separation sections will be upgraded during important adaptations.
Category II and III DC lines (T1 case)The geometry of the overhead contact line needs to be adjusted concerning height of contact wire on parts of lines involved.
To comply with the requirements on mean useful voltage and installed power additional substations are necessary.
These modifications will be carried out by 2010.
7.4.9. Particular features on the Irish and Northern Irish networks(P case)
On electrified lines of the Irish and Northern Irish networks, the IRL1 Irish standard structure gauge and the necessary clearances define the nominal contact wire height.
7.4.10. Particular features on the Swedish network(P case)
The highest non-permanent voltage (Umax2) for rolling stock is 17 500 V instead of 18 000 V. The investment of changing the overhead contact line oncategory II and IIIlines and in stations to meet the requirements of the 1 600 mm Euro pantograph is prohibitive. Trains traversing these lines shall be provided with secondary 1 800 mm pantographs for medium-speed operation up to 230 km/h so that the overhead contact line on these parts of the trans-European network need not be prepared for the operation of the Euro pantograph. For traffic across the Öresund Bridge into Sweden, 1 950 mm pantographs are permitted. For lines traversed by trains with such pantographs, a maximum lateral contact wire position of 500 mm under the action of crosswind is permissible. Future studies concerningcategory II and IIIlines shall take into account the Euro pantograph to demonstrate the relevance of the choices made.
Capacitive power factor is not allowed at voltages over 16,5 kV in Sweden, due to the risk of making it hard or impossible for other vehicles to use regenerative braking because of too high a voltage on the overhead line.
In regeneration mode (electrical braking), the train shall not behave like a capacitor greater than 60 kVAr at any regenerated power, i.e. capacitive power factor is prohibited during regeneration. The exception of 60 kVAr capacitive reactive power is to allow the possibility to have filters on the high voltage side of the train/traction unit. These filters shall not exceed 60 kVAr capacitive reactive power at the fundamental frequency.
7.4.11. Particular features on the Finnish network(P case)
The normal contact wire height is 6 150 mm (minimum 5 600 mm, maximum 6 500 mm).
7.4.12. Particular features on the Polish network(P case)
Category II and IIIlines are not adapted to work with the 1 600 mm Euro pantograph. Trains traversing these lines shall be equipped with 1 950 mm pantographs with contacts strips of 1 100 mm length (see EN 50367:2006, Annex B, Figures B.8 and B.3).
For Category II and III lines, the permissible lateral deviation of the contact wire in relation to the track centre line under action of a cross wind is 500 mm for a tangent track at a wire height of 5 600 mm.
The maximum train current for electrified lines in Categories II and III, shall be:
Category II — 3 200 A
Category III — 2 500 A
unless other values are defined within the Register of Infrastructure for a particular route.
7.4.13. Particular features on the Danish network including the Öresund link to Sweden(P case)
Category II and III linesThe investment of changing the overhead contact line oncategory II and IIIlines and in stations to meet the requirements of the 1 600 mm Euro pantograph is prohibitive. Trains traversing these lines shall be provided with secondary 1 800 mm or 1 950 mm pantographs for medium-speed operation up to 230 km/h so that the overhead contact line on these parts of the trans-European network need not be prepared for the operation of the Euro pantograph. For lines traversed by trains with such pantographs, a maximum lateral contact wire deviation of 500 mm under the action of crosswind is permissible.
Future studies concerningcategory II and IIIlines shall take into account the Euro pantograph to demonstrate the relevance of the choices made.
On some AC line sections with bridges and stations the minimum contact wire height is 4 910 mm.
7.4.14. Particular features on the Norwegian network — For information only(P case)
The investment of changing the overhead contact line on category II and III lines and in stations to meet the requirements of the 1 600 mm Euro pantograph is prohibitive. Trains traversing these lines shall be provided with secondary 1 800 mm pantographs for medium-speed operation up to 230 km/h so that the overhead contact line on these parts of the trans-European network need not be prepared for the operation of the Euro pantograph. For lines traversed by trains with 1 800 mm pantographs, a maximum lateral contact wire deviation of 550 mm under the action of crosswind is permissible. Future studies concerning category II and III lines shall take into account the Euro pantograph to demonstrate the relevance of the choices made.
Capacitive power factor is not allowed at voltages over 16,5 kV in Norway, due to the risk of making it hard or impossible for other vehicles to use regenerative braking because of too high a voltage on the overhead line.
In regeneration mode (electrical braking) the train shall not behave like a capacitor greater than 60 kVAr at any regenerated power, i.e. capacitive power factor is prohibited during regeneration. The exception of 60 kVAr capacitive reactive power is to allow the possibility to have filters on the high voltage side of the train/traction unit. These filters shall not exceed 60 kVAr capacitive reactive power at the fundamental frequency.
7.4.15. Particular features on the Swiss network — For information only(P case)
The investment of changing the gauge of existing tunnels and the overhead contact line on category II and III lines and in stations to meet the requirements of the 1 600 mm Euro pantograph is prohibitive. Trains traversing these lines shall be provided with secondary 1 450 mm pantographs (with horns made of insulating material) for medium-speed operation up to 200 km/h so that the tunnel gauge and the overhead contact line on these parts of the trans-European network need not to be prepared for the operation of the Euro pantograph. Future studies concerning category I and II lines should take into account the Euro pantograph to demonstrate the relevance of the choices made.
7.4.16. Particular features on the Lithuanian networkThe minimum contact wire height on open lines and in stations shall be 5 750 mm, and at level crossings it shall be 6 000 mm. In exceptional circumstances on tracks, where rolling stock is not intended to remain at standstill, also on open lines, the minimum wire height may be reduced to 5 675 mm.
The maximum contact wire height in all circumstances shall be 6 800 mm.
In order to permit future track profile amendment at stations, the nominal contact wire height on open lines shall be 6 500 mm and in stations 6 600 mm.
7.4.17. Particular features on the Netherlands network(P case)
On existing category II and III lines, 1,5kV DC Overhead Contact lines are operated with one or more 1 950 mm pantographs.
Changing the Overhead Contact Line on Category II and III lines and in stations to operate with 1 600 mm pantograph head is uneconomic and impracticable.
New Category II and III lines with a 1,5 kV DC Overhead Contact Line which form part of the High Speed Network will be designed to be compatible with 1 600 mm and 1 950 mm pantograph heads.
7.4.18. Particular features on the Slovakian networkCategory II and IIIlines are not adapted to work with the 1 600 mm Euro pantograph. Trains traversing these lines shall be equipped with 1 950 mm pantographs.
7.5. Agreements7.5.1. Existing agreementsMember States shall notify the Commission, within 6 months after the entry into force of this TSI, of the following agreements under which the subsystems related to the scope of this TSI (construction, renewal, upgrading, placing in service, operation and maintenance of subsystems as defined in chapter 2 of this TSI) are operated:

— | national, bilateral or multilateral agreements between Member States and Infrastructure Managers or Railway Undertakings, agreed on either a permanent or temporary basis, and required due to the very specific or local nature of the intended transport service;
— | bilateral or multilateral agreements between Infrastructure Managers, Railway Undertakings or between Member States, which deliver significant levels of local or regional interoperability;
— | international agreements between one or more Member States and at least one third country, or between Infrastructure Managers or Railway Undertakings of Member States and at least one Infrastructure Manager or Railway Undertaking of a third country, which deliver significant levels of local or regional interoperability.Continued operation/maintenance of the subsystems in the scope of this TSI covered by these agreements shall be permitted as far as they do comply with Community legislation.
The compatibility of these agreements with EU legislation including their non-discriminatory character and, in particular, this TSI, will be assessed and the Commission will take the necessary measures such as, for example, the revision of this TSI to include possible specific cases or transitional measures.
7.5.2. Future agreementsAny future agreement or modification of existing agreements shall take into account EU legislation and, in particular, this TSI. Member States shall notify the Commission with such agreements/modifications. The same procedure of § 7.5.1 then applies.

(1) i.e. a pantograph certificated as an Interoperability Constituent.
(2) i.e. an Overhead Contact Line (OCL) certificated as an Interoperability Constituent.
(3) EN 50206-1:1998 will be subject to amendments in the future.
(4) In the case of Electromagnetic Interference, the Energy subsystem acts as an antenna for the interference caused by the Rolling Stock Subsystem.

A.1.   List of the modules

ANNEX AConformity modules
Modules for Interoperability Constituents

— | Module A1: Internal Design Control with Production Verification
— | Module B: Type examination
— | Module C: Conformity to type
— | Module H1: Full Quality Management System
— | Module H2: Full quality management system with design examination
Modules for Subsystems

— | Module SG: Unit verification
— | Module SH2: Full quality management system with design examinationA.2. Modules for Interoperability ConstituentsModule A1: Internal Design Control with Production Verification1. This module describes the procedure whereby the manufacturer or his authorised representative established within the Community, who carries out the obligations laid down in point 2, ensures and declares that the interoperability constituent concerned satisfies the requirements of the TSI that apply to it.
2. The manufacturer shall establish the technical documentation described in point 3.
3. The technical documentation shall enable the conformity of the interoperability constituent with the requirements of the TSI to be assessed.
The technical documentation shall also give evidence that the design of the interoperability constituent, already accepted before the implementation of the present TSI, is in accordance with the TSI and that the interoperability constituent has been used in service in the same area of use.
It shall, as far as relevant for such assessment, cover the design, manufacture, maintenance and operation of the interoperability constituent. So far as relevant for the assessment, the documentation shall contain:

— | a general description of the interoperability constituent and its conditions of use,
— | conceptual design and manufacturing information, for example drawings and schemes of components, subassemblies, circuits, etc.
— | descriptions and explanations necessary for the understanding of the design and manufacturing information, maintenance and the operation of the interoperability constituent,
— | the technical specifications including European specifications(1)with relevant clauses, applied in full or in part,
— | descriptions of the solutions adopted to meet the requirements of the TSI, where the European specifications have not been applied in full,
— | results of design calculations made, examinations carried out, etc,
— | test reports,4. The manufacturer shall take all the measures necessary in order that the manufacturing process ensures compliance of each manufactured interoperability constituent with the technical documentation referenced in point 3 and with the requirements of the TSI that apply to it.
The notified body, chosen by the manufacturer, shall carry out the appropriate examinations and tests in order to verify the conformity of the manufactured interoperability constituents with the type described in the technical documentation referenced in point 3 and with the requirement of the TSI. The manufacturer(2)can choose one of the following procedures:
5.1. Verification by examination and testing of every product5.1.1. Each product shall be individually examined and appropriate tests shall be carried out in order to verify the product conformity with the type described in the technical documentation and the requirements of the TSI that apply to it. When a test is not set out in the TSI (or in an European Standard quoted in the TSI), the relevant European Specifications or equivalent tests are applicable
5.1.2. The notified body shall draw up a written certificate of conformity for the approved products relating to the tests carried out.
5.2. Statistical verification5.2.1. The manufacturer shall present his products in the form of homogeneous lots and shall take all measures necessary in order that the manufacturing process ensures the homogeneity of each lot produced.
5.2.2. All interoperability constituents shall be available for verification in the form of homogeneous lots. A random sample shall be drawn from each lot. Each interoperability constituents in a sample shall be individually examined and appropriate tests shall be carried out to ensure the product conformity with the type described in the technical documentation and the requirements of the TSI which apply to it and to determine whether the lot is accepted or rejected. When a test is not set out in the TSI (or in an European Standard quoted in the TSI), the relevant European Specifications or equivalent tests are applicable
5.2.3. The statistical procedure shall use appropriate elements (statistical method, sampling plan etc), depending on the characteristics to be assessed, as specified in the TSI.
5.2.4. In the case of accepted lots, the notified body shall draw up a written certificate of conformity relating to the tests carried out. All interoperability constituents in the lot may be placed on the market except those interoperability constituents from the sample, which were found not to be in conformity.
5.2.5. If a lot is rejected, the notified body or the competent authority shall take appropriate measures to prevent placing that lot on the market. In the event of frequent rejection of lots the notified body shall suspend the statistical verification.
6. The manufacturer or his authorised representative established within the Community shall draw up the EC declaration of conformity of the interoperability constituent.
The content of this declaration shall include at least the information indicated in Annex IV (3) and in Article 13-3 of Directive 96/48/EC. The EC declaration of conformity and the accompanying documents shall be dated and signed.
The declaration shall be written in the same language as the technical documentation and shall contain the following:

— | the Directive references (Directives 96/48/EC and other directives to which the interoperability constituent may be subject),
— | the name and address of the manufacturer or his authorised representative established within the Community (give trade name and full address and in the case of an authorised representative also give the trade name of the manufacturer or constructor),
— | description of interoperability constituent (make, type, etc)
— | description of the procedure (module) followed in order to declare conformity,
— | all of the relevant descriptions met by the interoperability constituent and in particular any conditions of use,
— | name and address of notified body (bodies) involved in the procedure followed in respect of conformity and date of certificates together with the duration and conditions of validity of the certificates,
— | reference to the TSI and any other applicable TSI and where appropriate reference to European specifications,
— | identification of the signatory empowered to enter into commitments on behalf of the manufacturer or of his authorised representative established within the Community.The certificate to be referred to, is the certificate of conformity as mentioned in point 5. The manufacturer or his authorised representative established within the Community shall ensure that he is able to supply the notified body’s certificates of conformity on request
7. The manufacturer or his authorised representative shall keep a copy of the EC declaration of conformity with the technical documentation for a period of 10 years after the last interoperability constituent has been manufactured.
Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the interoperability constituent in the Community market.
8. If additional to the EC declaration of conformity, an EC declaration for suitability for use for the interoperability constituent is required by the TSI, this declaration has to be added after being issued by the manufacturer under the conditions of module V.
Module B: Type Examination1. This module describes that part of the procedure by which a Notified Body ascertains and attests that a type, representative of the production envisaged, meets the provisions of the TSI that apply to it.
2. The application for the EC type-examination shall be lodged by the manufacturer or his authorised representative established within the Community.
The application shall include:

— | the name and address of the manufacturer and also, if the application is lodged by the authorised representative, his name and address
— | a written declaration that the same application has not been lodged with any other Notified Body
— | the technical documentation, as described in point 3The applicant shall place at the disposal of the Notified Body a specimen, representative of the production envisaged, and hereinafter called ‘type’.
A type may cover several versions of the Interoperability Constituent provided that the differences between the versions do not affect the provisions of the TSI. The Notified Body may request further specimens, if needed, for carrying out the test programme.
If no type tests are requested within the type examination procedure, and the type is sufficiently defined by the technical documentation, as described in point 3, the Notified Body shall agree that no specimens are placed at its disposal.
3. The technical documentation shall enable the conformity of the interoperability constituent with the requirements of the TSI to be assessed. It shall, as far as relevant for such assessment, cover the design, manufacture, maintenance and operation of the interoperability constituent.
The technical documentation shall contain:

— | a general type description
— | conceptual design and manufacturing information, for example drawings, schemes of components, sub-assemblies, circuits, etc.
— | descriptions and explanations necessary for the understanding of the design and manufacturing information, maintenance and the operation of the interoperability constituent
— | conditions of integration of the interoperability constituent in its system environment (sub-assembly, assembly, subsystem) and the necessary interface conditions
— | conditions for use and maintenance of the interoperability constituent (restrictions of running time or distance, wear limits etc.)
— | the technical specifications, including European specifications(3)with relevant clauses, applied in full or in part
— | description of the solutions adopted to meet the requirements of the TSI in cases where the European specifications have not been applied in full
— | results of design calculations made, examinations carried out, etc.
— | test reportsThe Notified Body shall:
4.1. Examine the technical documentation.
4.2. Verify that any specimen(s) required for tests has (have) been manufactured in conformity with the technical documentation, and carry out or have carried out the type tests in accordance with the provisions of the TSI and/or the relevant European specifications.
4.3. Where a design review is requested in the TSI, perform an examination of the design methods, the design tools and the design results to evaluate their capability to fulfil the requirements for conformity for the interoperability constituent at the completion of the design process.
4.4. Where a review of the manufacturing process is requested in the TSI, perform an examination of the manufacturing process devised for manufacturing the interoperability constituent, to evaluate its contribution to product conformity, and/or examine the review carried out by the manufacturer at the completion of the design process.
4.5. Identify the elements which have been designed in accordance with the relevant provisions of the TSI and the European specifications as well as the elements which have been designed without applying the relevant provisions of those European Specifications.
4.6. Perform or have performed the appropriate examinations and necessary tests in accordance with points 4.2, 4.3 and 4.4 to establish whether, where the manufacturer has chosen to apply the relevant European specifications, these have actually been applied.
4.7. Perform or have performed the appropriate examinations and necessary tests in accordance with points 4.2, 4.3 and 4.4 to establish whether, where the relevant European specifications have not been applied, the solutions adopted by the manufacturer meet the requirements of the TSI.
4.8. Agree with the applicant the location where the examinations and necessary tests will be carried out.
5. Where the type meets the provisions of the TSI, the Notified Body shall issue a type-examination certificate to the applicant. The certificate shall contain the name and address of the manufacturer, conclusions of the examination, conditions for its validity and the necessary data for identification of the approved type.
The time period of validity shall be no longer than 5 years.
A list of the relevant parts of the technical documentation shall be annexed to the certificate and a copy kept by the Notified Body.
If the manufacturer or his authorised representative established within the Community is denied a type-examination certificate, the Notified Body shall provide detailed reasons for such denial.
Provision shall be made for an appeals procedure.
6. The applicant shall inform the Notified Body that holds the technical documentation concerning the type-examination certificate of all modifications to the approved product which may affect the conformity with the requirements of the TSI or the prescribed conditions for use of the product. In such cases the interoperability constituent shall receive additional approval from the Notified Body that issued the EC type examination certificate. In this case, the Notified Body shall perform only those examinations and tests that are relevant and necessary to the changes. The additional approval shall be given either in the form of an addition to the original type-examination certificate, or, by the issue of a new certificate after withdrawal of the old one.
7. If no modifications as in point 6 have been made, the validity of an expiring certificate can be extended for another period of validity. The applicant shall apply for such a prolongation by a written confirmation that no such modifications have been made; the Notified Body shall issue a prolongation for another period of validity as in point 5, if no contrary information exists. This procedure can be reiterated.
8. Each Notified Body shall communicate to the other notified bodies the relevant information concerning the type-examination certificates and additions issued, withdrawn or refused.
9. The other notified bodies shall receive, upon request, copies of the type-examination certificates issued and/or their additions. The annexes to the certificates (see § 5) shall be kept at the disposal of the other notified bodies.
10. The manufacturer or his authorised representative established within the Community shall keep with the technical documentation copies of type-examination certificates and their additions for a period of 10 years after the last interoperability constituent has been manufactured. Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the interoperability constituent on the Community market.
Module C: Conformity to type1. This module describes that part of the procedure whereby the manufacturer or his authorised representative established within the Community ensures and declares that the interoperability constituent concerned is in conformity with the type as described in the type-examination certificate and satisfies the requirements of the TSI that apply to it.
2. The manufacturer shall take all measures necessary to ensure that the manufacturing process ensures compliance of each manufactured interoperability constituent with the type as described in the EC type examination certificate and with the requirements of the TSI that apply to it.
3. The manufacturer or his authorised representative established within the Community shall draw up an EC declaration of conformity for the interoperability constituent.
The content of this declaration has to include at least the information indicated in Annex IV (3) and in Article 13-3 of Directive 96/48/EC. The EC declaration of conformity and the accompanying documents shall be dated and signed.
The declaration shall be written in the same language as the technical documentation and shall contain the following:

— | the Directive references (Directive 96/48/EC and other directives to which the interoperability constituent may be subject),
— | the name and address of the manufacturer or his authorised representative established within the Community (give trade name and full address and in the case of an authorised representative also give the trade name of the manufacturer or constructor),
— | description of interoperability constituent (make, type etc.)
— | description of the procedure (module) followed in order to declare conformity,
— | all the relevant descriptions met by the interoperability constituent and in particular its conditions of use,
— | name and address of notified body (bodies) involved in the procedure followed in respect of type examination conformity and date of the EC type examination certificate (and its additions) together with the duration and conditions of validity of the certificate,
— | reference to the TSI and to any other applicable TSI, and where appropriate reference to European specifications(4),
— | identification of the signatory empowered to enter into commitments on behalf of the manufacturer or of his authorised representative established within the Community.4. The manufacturer or his authorised representative established within the Community shall keep a copy of the EC declaration of conformity for a period of 10 years after the last interoperability constituent has been manufactured.
Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the interoperability constituent on the Community market.
5. If additional to the EC declaration of conformity an EC declaration of suitability for use for the interoperability constituent is required by the TSI, this declaration has to be added after being issued by the manufacturer under the conditions of module V.
Module H1: Full Quality Management System1. This module describes the procedure whereby the manufacturer or his authorised representative established within the Community who satisfies the obligations of point 2, ensures and declares that the interoperability constituent concerned satisfies the requirements of the TSI that apply to it.
2. The manufacturer shall operate an approved quality management system for design, production and final product inspection and testing as specified in point 3 and shall be subject to surveillance as specified in point. 4.
Quality management system
3.1. The manufacturer shall lodge an application for assessment of his quality management system with a notified body of his choice, for the interoperability constituents concerned.
The application shall include:

— | all relevant information for the product category representative for the interoperability constituent envisaged,
— | the quality management system’s documentation.
— | a written declaration that the same application has not been lodged with any other notified body,3.2. The quality management system shall ensure compliance of the interoperability constituent with the requirements of the TSI that apply to it. All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality management system documentation shall ensure a common understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.
It shall contain in particular an adequate description of:

— | the quality objectives and the organisational structure,
— | responsibilities and powers of the management with regard to design and product quality,
— | the technical design specifications, including European specifications(5), that will be applied, and, where the European specifications will not be applied in full, the means that will be used to ensure that the requirements of the TSI that apply to the interoperability constituent will be met,
— | the design control and design verification techniques, processes and systematic actions that will be used when designing the interoperability constituents pertaining to the product category covered,
— | the corresponding manufacturing, quality control and quality management system techniques, processes and systematic actions that will be used,
— | the examinations, checks and tests that will be carried out before, during and after manufacture, and the frequency with which they will be undertaken,
— | the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.,
— | the means to monitor the achievement of the required design and product quality and the effective operation of the quality management system.The quality policies and procedures shall cover in particular the assessment phases as design review, review of manufacturing process and type tests, as they are specified in the TSI, for the different characteristics and performances of the interoperability constituent.
3.3. The notified body shall assess the quality management system to determine whether it satisfies the requirements of point 3.2. It presumes compliance with these requirements if the manufacturer implements a quality system for design, production, final product inspection and testing in respect of the Standard EN/ISO 9001-2000, which take into consideration the specificity of the interoperability constituent for which it is implemented.
When the manufacturer operates a certified quality management system, the notified body shall take this into account in the assessment.
The audit shall be specific for the product category, which is representative for the interoperability constituent. The auditing team shall have at least one member experienced as an assessor in the product technology concerned. The evaluation procedure shall include an assessment visit to the manufacturer’s premises.
The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the examination and the reasoned assessment decision.
3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality management system as approved and to uphold it so that it remains adequate and efficient.
The manufacturer or his authorised representative established within the Community shall keep the notified body that has approved the quality management system informed of any intended updating of the quality management system.
The notified body shall evaluate the modifications proposed and decide whether the amended quality management system will still satisfy the requirements of point 3.2 or whether a re-assessment is required.
It shall notify its decision to the manufacturer. The notification shall contain the conclusions of the evaluation and the reasoned assessment decision.
Surveillance of the quality management system under the responsibility of the notified body
4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality management system.
4.2. The manufacturer shall allow the notified body entrance for inspection purposes to the locations of design, manufacture, inspection and testing, and storage, and shall provide it with all necessary information, including particular:

— | the quality management system documentation,
— | the quality records as foreseen by the design part of the quality management system, such as results of analyses, calculations, tests, etc.,
— | the quality records as foreseen by the manufacturing part of the quality management system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.4.3. The notified body shall periodically carry out audits to make sure that the manufacturer maintains and applies the quality management system and shall provide an audit report to the manufacturer. When the manufacturer operates a certified quality management system, the notified body shall take this into account in the surveillance.
The frequency of the audits shall be at least once a year.
4.4. Additionally the notified body may pay unexpected visits to the manufacturer. At the time of such visits, the notified body may carry out tests or have them carried out in order to check the proper functioning of the quality management system where necessary. It shall provide the manufacturer with a visit report and, if a test has been carried out, with a test report.
5. The manufacturer shall, for a period of 10 years after the last product has been manufactured, keep at the disposal of the national authorities:

— | the documentation referenced to in the second indent of the second subparagraph of point 3.1,
— | the updating referenced in the second subparagraph of point 3.4,
— | the decisions and reports from the notified body in the final subparagraph of points 3.4, 4.3 and 4.4.6. Each notified body shall communicate to the other notified bodies the relevant information concerning the quality management system approvals issued, withdrawn or refused.
The other notified bodies may receive on request copies of the quality management system approvals and additional approvals issued.
7. The manufacturer or its authorised representative established within the Community shall draw up the EC Declaration of conformity of the interoperability constituent.
The content of this declaration shall include at least the information indicated in Annex IV (3) and in Article 13-3 of Directive 96/48/EC. The EC declaration of conformity and the accompanying documents shall be dated and signed.
The declaration shall be written in the same language as the technical documentation and shall contain the following:

— | the Directive references (Directive 96/48/EC and other directives to which the interoperability constituent may be subject)
— | the name and address of the manufacturer or his authorised representative established within the Community (give trade name and full address and in the case of an authorised representative also give the trade name of the manufacturer or constructor),
— | description of interoperability constituent (make, type, etc)
— | description of the procedure (module) followed in order to declare conformity,
— | all of the relevant descriptions met by the interoperability constituent and in particular its conditions of use,
— | name and address of notified body (bodies) involved in the procedure followed in respect of conformity, and date of certificate together with the duration and conditions of validity of the certificate,
— | reference to the TSI and to any other applicable TSI and where appropriate to European specifications,
— | identification of the signatory empowered to enter into commitments on behalf of the manufacturer or of his authorised representative established within the Community.The certificate to be referred to is:

— | the Quality management system approvals indicated in point 3.8. The manufacturer or his authorised representative established within the Community shall keep a copy of the EC declaration of conformity for a period of 10 years after the last interoperability constituent has been manufactured.
Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the interoperability constituent on the Community market.
9. If additional to the EC declaration of conformity an EC declaration of suitability for use for the interoperability constituent is requested in the TSI, this declaration has to be added, after being issued by the manufacturer under the conditions of Module V.
Module H2: Full Quality Management System with Design Examination1. This module describes the procedure whereby a Notified Body carries out an examination of the design of an interoperability constituent, and the manufacturer or his authorised representative established within the Community who satisfies the obligations of point 2 ensures and declares that the interoperability constituent concerned satisfies the requirements of the TSI that apply to it.
2. The manufacturer shall operate an approved quality management system for design, production and final product inspection and testing as specified in point 3 and shall be subject to surveillance as specified in point 4.
Quality management system
3.1. The manufacturer shall lodge an application for assessment of his quality management system with a Notified Body of his choice, for the interoperability constituents concerned.
The application shall include:

— | all relevant information for the product category representative for the interoperability constituent envisaged
— | the quality management system’s documentation
— | a written declaration that the same application has not been lodged with any other Notified Body3.2. The quality management system shall ensure compliance of the interoperability constituent with the requirements of the TSI that apply to it. All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality management system documentation shall ensure a common understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.
It shall contain in particular an adequate description of:

— | the quality objectives and the organisational structure
— | responsibilities and powers of the management with regard to design and product quality
— | the technical design specifications, including European specifications(6), that will be applied, and, where the European specifications will not be applied in full, the means that will be used to ensure that the requirements of the TSI that apply to the interoperability constituent will be met
— | the design control and design verification techniques, processes and systematic actions that will be used when designing the interoperability constituents pertaining to the product category covered
— | the corresponding manufacturing, quality control and quality management system techniques, processes and systematic actions that will be used
— | the examinations, checks and tests that will be carried out before, during and after manufacture, and the frequency with which they will be undertaken
— | the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
— | the means to monitor the achievement of the required design and product quality and the effective operation of the quality management systemThe quality policies and procedures shall cover in particular the assessment phases, such as design review, review of manufacturing processes and type tests, as they are specified in the TSI, for different characteristics and performances of the interoperability constituent.
3.3. The Notified Body shall assess the quality management system to determine whether it satisfies the requirements of point 3.2. It presumes compliance with these requirements if the manufacturer implements a quality system for design, production, final product inspection and testing in respect of the Standard EN/ISO 9001:2000, which takes into consideration the specificity of the interoperability constituent for which it is implemented.
When the manufacturer operates a certified quality management system, the Notified Body shall take this into account in the assessment.
The audit shall be specific for the product category, which is representative for the interoperability constituent. The auditing team shall have at least one member experienced as an assessor in the product technology concerned. The evaluation procedure shall include an assessment visit to the manufacturer’s premises.
The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned assessment decision.
3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality management system as approved and to uphold it so that it remains adequate and efficient.
The manufacturer or his authorised representative established within the Community shall keep the Notified Body that has approved the quality management system informed of any intended updating of the quality management system.
The Notified Body shall evaluate the modifications proposed and decide whether the amended quality management system will still satisfy the requirements of point 3.2 or whether a re-assessment is required.
It shall notify its decision to the manufacturer. The notification shall contain the conclusions of the evaluation and the reasoned assessment decision.
Surveillance of the quality management system under the responsibility of the Notified Body
4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality management system.
4.2. The manufacturer shall allow the Notified Body entrance for inspection purposes to the locations of design, manufacture, inspection and testing, and storage, and shall provide it with all necessary information, including:

— | the quality management system documentation,
— | the quality records as foreseen by the design part of the quality management system, such as results of analyses, calculations, tests, etc.
— | the quality records as foreseen by the manufacturing part of the quality management system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.4.3. The Notified Body shall periodically carry out audits to make sure that the manufacturer maintains and applies the quality management system and shall provide an audit report to the manufacturer. When the manufacturer operates a certified quality management system, the Notified Body shall take this into account in the surveillance. The frequency of the audits shall be at least once a year.
4.4. Additionally the Notified Body may pay unexpected visits to the manufacturer. At the time of such visits, the Notified Body may carry out tests or have them carried out in order to check the proper functioning of the quality management system where necessary. It shall provide the manufacturer with a visit report and, if a test has been carried out, with a test report.
5. The manufacturer shall, for a period of 10 years after the last product has been manufactured, keep at the disposal of the national authorities:

— | the documentation referenced in the second indent of the second subparagraph of point 3.1
— | the updating referenced to in the second subparagraph of point 3.4
— | the decisions and reports from the Notified Body in the final subparagraph of points 3.4, 4.3 and 4.4Design examination
6.1. The manufacturer shall lodge an application for examination of the design of the interoperability constituent with a Notified Body of his choice.
6.2. The application shall enable the design, manufacture, maintenance and operation of the interoperability constituent to be understood, and shall enable conformity with the requirements of the TSI to be assessed.
It shall include:

— | a general type description
— | the technical design specifications, including European specifications, with relevant clauses, that have been applied in full or in part
— | any necessary supporting evidence for their adequacy, in particular where the European specifications and the relevant clauses have not been applied
— | the test programme
— | conditions for integration of the interoperability constituent in its system environment (sub-assembly, assembly, subsystem) and the necessary interface conditions
— | conditions for use and maintenance of the interoperability constituent (restrictions of running time or distance, wear limits etc.)
— | a written declaration that the same application has not been lodged with any other Notified Body6.3. The applicant shall present the results of tests(7), including type tests when required, carried out by its appropriate laboratory or on their behalf.
6.4. The Notified Body shall examine the application and assess the results of the tests. Where the design meets the provisions of the TSI that apply to it, the Notified Body shall issue an EC design examination certificate to the applicant. The certificate shall contain the conclusions of the examination, conditions for its validity, the necessary data for identification of the approved design and, if relevant, a description of the product’s functioning. The time period of validity shall be no longer than 5 years.
6.5. The applicant shall keep the Notified Body that has issued the EC design examination certificate informed of all modifications to the approved design, which may affect the conformity with the requirements of the TSI or the prescribed conditions for use of the interoperability constituent. In such cases the interoperability constituent shall receive additional approval from the Notified Body that issued the EC design examination certificate. In this case, the Notified Body shall perform only those examinations and tests that are relevant and necessary to the changes. The additional approval shall be given in the form of an addition to the original EC design examination certificate.
6.6. If no modifications as in point 6.4 have been made, the validity of an expiring certificate can be extended for another period of validity. The applicant shall apply for such a prolongation by a written confirmation that no such modifications have been made; the Notified Body shall issue a prolongation for another period of validity as in point 6.3 if no contrary information exists. This procedure can be reiterated.
7. Each Notified Body shall communicate to the other notified bodies the relevant information concerning the quality management system approvals and the EC design examination certificates which it has issued, withdrawn or refused.
The other Notified Bodies may receive, upon request, copies of:

— | the quality management system approvals and additional approvals issued
— | the EC design examination certificates and additions issued8. The manufacturer or his authorised representative established within the Community shall draw up the EC declaration of conformity of the interoperability constituent.
The content of this declaration shall include at least the information indicated in Annex IV(3) and in Article 13(3) of Directive 96/48/EC. The EC declaration of conformity and its accompanying documents shall be dated and signed.
The declaration shall be written in the same language as the technical documentation and shall contain the following:

— | the Directive references (Directive 96/48/EC and other directives to which the interoperability constituent may be subject)
— | the name and address of the manufacturer or his authorised representative established within the Community (give trade name and full address and in the case of an authorised representative also give the trade name of the manufacturer or constructor)
— | description of interoperability constituent (make, type, etc.)
— | description of the procedure (module) followed in order to declare conformity
— | all of the relevant descriptions met by the interoperability constituent and in particular any conditions of use
— | name and address of Notified Body (Bodies) involved in the procedure followed in respect of conformity and date of certificates together with the duration and conditions of validity of the certificates
— | reference to the TSI and any other applicable TSI and where appropriate to European specifications
— | identification of the signatory empowered to enter into commitments on behalf of the manufacturer or of his authorised representative established within the CommunityThe certificates to be referred to are:

— | the quality management system approval and surveillance reports indicated in points 3 and 4
— | the EC design examination certificate and its additions9. The manufacturer or his authorised representative established within the Community shall keep a copy of the EC declaration of conformity for a period of 10 years after the last interoperability constituent has been manufactured. Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the interoperability constituent on the Community market.
10. If, additional to the EC declaration of conformity, an EC declaration of suitability for use for the interoperability constituent is requested in the TSI, this declaration has to be added, after being issued by the manufacturer under the conditions of Module V.
A.3. Modules for SubsystemsModule SG: Unit verification1. This module describes the EC verification procedure whereby a Notified Body checks and certifies, at the request of a contracting entity or its authorised representative established within the Community, that an energy subsystem:

— | complies with this TSI and any other applicable TSI, which demonstrate that the essential requirements(8)of Directive 96/48/EC have been met
— | complies with the other regulations deriving from the Treatyand may be placed in service.
2. The contracting entity(9)shall lodge an application for EC verification (through unit verification) of the subsystem with a Notified Body of his choice.
The application shall include:

— | the name and address of the contracting entity or its authorised representative
— | the technical documentation3. The technical documentation shall enable the design, manufacture, installation and operation of the subsystem to be understood, and shall enable conformity assessment with the requirements of the TSI.
The technical documentation shall include:

— | a general description of the subsystem, its overall design and structure
— | the infrastructure, including all information as specified in the TSI
— | conceptual design and manufacturing information, for example drawings, schemes of components, sub-assemblies, assemblies, circuits, etc.
— | descriptions and explanations necessary for the understanding of the design and manufacturing information, the maintenance and the operation of the subsystem
— | the technical specifications, including European specifications(10), that have been applied
— | any necessary supporting evidence for the use of the above specifications, in particular where European specifications and the relevant clauses have not been applied in full
— | a list of the interoperability constituents to be incorporated into the subsystem
— | copies of the EC declarations of conformity or suitability for use with which said constituents shall be provided and all the necessary elements defined in annex VI of the directives
— | evidence of conformity with other regulations deriving from the treaty (including certificates)
— | technical documentation regarding the manufacture and the assembly of the subsystem
— | a list of manufacturers involved in the subsystem’s design, manufacturing, assembly and installation
— | conditions for use of the subsystem (restrictions of running time or distance, wear limits, etc.)
— | conditions for maintenance and technical documentation regarding the maintenance of the subsystem
— | any technical requirement that shall be taken into account during production, maintenance or operation of the subsystem
— | results of design calculations made, examinations carried out, etc.
— | all other appropriate technical evidence, which can demonstrate that previous checking or tests have been successfully performed, under comparable conditions, by independent and competent bodiesIf the TSI requires further information for the technical documentation, this shall be included.
4. The Notified Body shall examine the application and the technical documentation, and identify the elements which have been designed in accordance with the relevant provisions of the TSI and the European specifications, as well as the elements which have been designed without applying the relevant provisions of those European specifications.
The Notified Body shall examine the subsystem and verify that the appropriate and necessary tests to establish whether, where the relevant European specifications have been chosen, these have actually been applied or whether the solutions adopted meet the requirements of the TSI when the appropriate European specifications have not been applied.
The examinations, tests and checks shall extend to the following stages as provided for in the TSI:

— | overall design
— | structure of the subsystem, including, in particular and when relevant, civil-engineering activities, constituent assembly, overall adjustments
— | final testing of the subsystem
— | whenever specified in the TSI, the validation under full operational conditionsThe Notified Body may take into account evidence of examinations, checking or tests that have been successfully performed, under comparable conditions by other bodies(11)or by (or on behalf of) the applicant, when this is specified by the relevant TSI. The Notified Body will then decide as to whether it shall use the results of these checks or tests.
The evidence gathered by the Notified Body shall be suitable and sufficient to show the conformity with the requirement of the TSI and that all required and appropriate checks and tests have been carried out.
Any evidence to be used that originates from other parties shall be considered prior to any tests or checks being carried out, since the Notified Body may wish to undertake any assessment, witnessing or review of the tests or checks at the time they are performed.
The extent of such other evidence shall be justified by documented analysis using, among others, the factors listed below(12).
This justification shall be included in the technical file.
In all cases, the Notified Body keeps the final responsibility of them.
5. The Notified Body shall agree with the contracting entity the locations where the tests will be carried out and shall agree that final subsystem tests and, whenever required in the TSI, tests in full operating conditions, are carried out by the contracting entity under direct supervision and in attendance of the Notified Body.
6. The Notified Body shall be permitted entrance for testing and verification purposes to the locations of design, building sites, production workshops, locations of assembly and installations, and where appropriate, prefabrication and testing facilities in order to carry out its tasks as provided for in the TSI.
7. Where the subsystem meets the requirements of the TSI, the Notified Body shall then, based on the tests, verifications and checks carried out as required in the TSI and/or in the relevant European specifications, draw up the certificate of conformity intended for the contracting entity, who shall in turn draw up the EC declaration of verification intended for the supervisory authority in the Member State where the subsystem is located and/or operates.
The EC declaration of verification and the accompanying documents shall be dated and signed. The declaration shall be written in the same language as the technical file and shall contain at least the information included in Annex V of the Directive.
8. The Notified Body shall be responsible for compiling the technical file that has to accompany the EC declaration of verification. The technical file has to include at least the information indicated in Article 18(3) of the Directive and in particular the following:

— | all necessary documents relating to the characteristics of the subsystem
— | the list of interoperability constituents incorporated into the subsystem
— | copies of the EC declarations of conformity and, where appropriate, of the EC declarations of suitability for use, with which the constituents shall be provided in accordance with Article 13 of the Directive, accompanied, where appropriate, by the corresponding documents (certificates, quality management system approvals and surveillance documents) issued by the Notified Bodies
— | all elements relating to the maintenance, the conditions and limits for use of the subsystem
— | all elements relating to the instructions concerning servicing, constant or routine monitoring, adjustment and maintenance
— | certificate of conformity of the Notified Body as mentioned in point 7, accompanied by verification and/or corresponding calculation notes and countersigned by itself, stating that the project complies with the directive and the TSI, and mentioning, where appropriate, reservations recorded during performance of activities and not withdrawn; the certificate should also be accompanied, if relevant, by the inspection and audit reports drawn up in connection with the verification
— | evidence of conformity with other regulations deriving from the treaty (including certificates)
— | the infrastructure register, including all information as specified in the TSI9. The records accompanying the certificate of conformity shall be lodged with the contracting entity.
The contracting entity shall keep a copy of the technical file throughout the service life of the subsystem and for a further period of three years; it shall be sent to any other Member State which so requests.
Module SH2: Full Quality Management System with Design Examination1. This module describes the EC verification procedure whereby a Notified Body checks and certifies, at the request of an contracting entity or its authorised representative established within the Community, that an infrastructure subsystem:

— | complies with this TSI and any other applicable TSI, which demonstrate that the essential requirements(13)of Directive 96/48/EC have been met
— | complies with the other regulations deriving from the Treaty and may be placed in service2. The Notified Body shall carry out the procedure, including a design examination of the subsystem, under the condition, that the contracting entity(14)and the main contractor involved are satisfying the obligations of point 3.
The ‘main contractor’ refers to companies whose activities contribute to fulfil the essential requirements of the TSI. It concerns:

— | the company responsible for the whole subsystem project (including in particular responsibility for subsystem integration)
— | other companies involved only in a part of the subsystem project (performing for example design, assembly or installation of the subsystem)It does not refer to manufacturer sub-contractors supplying components and interoperability constituents.
3. For the subsystem that is subject of the EC verification procedure, the contracting entity or the main contractor, when employed, shall operate an approved quality management system for design, manufacture and final product inspection and testing as specified in point 5 and which shall be subject to surveillance as specified in point 6.
The main contractor responsible for the whole subsystem project (including, in particular, responsibility for subsystem integration) shall operate an approved quality management system for design, manufacture and final product inspection and testing, which shall be subject to surveillance as specified in point 6.
In the case that the contracting entity itself is responsible for the whole subsystem project (including in particular responsibility for subsystem integration) or that the contracting entity is directly involved in the design and/or production (including assembly and installation), it shall operate an approved quality management system for those activities, which shall be subject to surveillance as specified in point 6.
Applicants which are only involved in assembly and installation are permitted to operate only an approved quality management system for manufacture and final product inspection and testing.
EC verification procedure
4.1. The contracting entity shall lodge an application for EC verification of the subsystem (through full quality management system with design examination), including co-ordination of surveillance of the quality management systems as in points 5.4 and 6.6, with a Notified Body of its choice. The contracting entity shall inform the manufacturers involved of his choice and of the application.
4.2. The application shall enable the design, manufacture, assembly, installation, maintenance and operation of the subsystem to be understood, and shall enable conformity with the requirements of the TSI to be assessed.
The application shall include:

— | name and address of the contracting entity or its authorised representative
— | the technical documentation including:—a general description of the subsystem, overall design and structure—the technical design specifications, including European specifications(15), that have been applied—any necessary supporting evidence for the use of the above specifications, in particular where the European specifications and the relevant clauses have not been applied in full—the test programme | — | a general description of the subsystem, overall design and structure | — | the technical design specifications, including European specifications(15), that have been applied | — | any necessary supporting evidence for the use of the above specifications, in particular where the European specifications and the relevant clauses have not been applied in full | — | the test programme
— | a general description of the subsystem, overall design and structure
— | the technical design specifications, including European specifications(15), that have been applied
— | any necessary supporting evidence for the use of the above specifications, in particular where the European specifications and the relevant clauses have not been applied in full
— | the test programme
— | the infrastructure register, including all information as specified in the TSI
— | the technical documentation regarding the manufacture, the assembly of the subsystem
— | a list of the interoperability constituents to be incorporated into the subsystem
— | copies of the EC declarations of conformity or suitability for use with which the constituents shall be provided and all the necessary elements defined in annex VI of the directive
— | evidence of conformity to other regulations deriving from the treaty (including certificates)
— | a list of all manufacturers, involved in the subsystem’s design, manufacturing, assembly and installation
— | conditions for use of the subsystem (restrictions of running time or distance, wear limits, etc)
— | conditions for maintenance and technical documentation regarding the maintenance of the subsystem
— | any technical requirement that shall be taken into account during production, maintenance or operation of the subsystem
— | the explanation, of how all stages, as mentioned in point 5.2, are covered by quality management systems of the main contractor and/or of the contracting entity, if involved, and the evidence of their effectiveness
— | an indication of the Notified Body (Bodies) responsible for the approval and surveillance of these quality management systems4.3. The contracting entity shall present the results of examinations, checking and tests(16)including type tests when required, carried out by its appropriate laboratory or on their behalf.
4.4. The Notified Body shall examine the application concerning the design examination and assess the results of the tests. Where the design meets the provisions of the Directive and of the TSI that apply, it shall issue a design examination certificate to the applicant. The certificate shall contain the conclusions of the design examination, conditions for its validity, the necessary data for identification of the design examined and, if relevant, a description of the subsystem’s functioning.
If the contracting entity is denied a design examination certificate, the Notified Body shall provide detailed reasons for such denial. Provision shall be made for an appeals procedure.
4.5. During the production phase, the applicant shall inform the Notified Body which holds the technical documentation concerning the design examination certificate of all modifications that may affect conformity with the requirements of the TSI or the prescribed conditions for use of the subsystem; the subsystem shall be subject to additional approval in such cases. In this case, the Notified Body shall perform only those examinations and tests that are relevant and necessary to the changes. This additional approval may be given either in the form of an addition to the original design examination certificate, or by issue of a new certificate after the withdrawal of the old certificate.
Quality management system
5.1. The contracting entity, if involved, and the main contractor, when employed, shall lodge an application for assessment of their quality management systems with a Notified Body of their choice.
The application shall include:

— | all relevant information for the subsystem envisaged,
— | the quality management system documentation.For those only involved in a part of the subsystem project, the information to be provided is only that for the relevant part.
5.2. For the contracting entity or the main contractor responsible for the whole subsystem project, the quality management system shall ensure overall compliance of the subsystem with the requirements of the TSI.
The quality management system(s), for other contractors, has (have) to ensure compliance of their relevant contribution to the subsystem, with the requirements of the TSI.
All the elements, requirements and provisions adopted by the applicants shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality management system documentation shall ensure a common understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.
The system shall contain in particular an adequate description of the following items:
For all applicants:

— | the quality objectives and the organisational structure
— | the corresponding manufacturing, quality control and quality management techniques, processes and systematic actions that will be used
— | the examinations, checking and tests that will be carried out before, during and after design, manufacture, assembly and installation and the frequency with which they will be carried out
— | the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.For the main contractor, as far as relevant for its contribution to the design of the subsystem:

— | the technical design specifications, including European specifications that will be applied and, where the European specifications will not be applied in full, the means that will be used to ensure that the requirements of the TSI that apply to the subsystem will be met
— | the design control and design verification techniques, processes and systematic actions that will be used when designing the subsystem
— | the means to monitor the achievement of the required design and subsystem quality and the effective operation of the quality management systems in all phases including productionAdditionally for the contracting entity or the main contractor responsible for the whole subsystem project:

— | responsibilities and powers of the management with regard to overall subsystem quality, including in particular the subsystem integration managementThe examinations, tests and checking shall cover all of the following stages:

— | overall design
— | structure of the subsystem, including, in particular, civil-engineering activities, constituent assembly, final adjustment
— | final testing of the subsystem
— | and where specified in the TSI, the validation under full operation conditions5.3. The Notified Body chosen by the contracting entity shall examine whether all stages of the subsystem as mentioned in point 5.2 are sufficiently and properly covered by the approval and surveillance of the quality management system(s) of the applicant(s)(17).
If the compliance of the subsystem with the requirements of the TSI is based on more than one quality management system, the Notified Body shall examine in particular:

— | whether the relations and interfaces between the quality management systems are clearly documented
— | whether overall responsibilities and powers of the management for the compliance of the whole entire subsystem for the main contractor are sufficiently and properly defined5.4. The Notified Body referred to in point 5.1 shall assess the quality management system to determine whether it satisfies the requirements of point 5.2. It shall presume compliance with these requirements if the applicant implements a quality system for design, production, final product inspection and testing in respect of the Standard EN/ISO 9001:2000, which takes into consideration the specificity of the subsystem for which it is implemented.
When an applicant operates a certified quality management system, the Notified Body shall take this into account in the assessment.
The audit shall be specific for the subsystem concerned, taking into consideration the specific contribution of the applicant to the subsystem. The auditing team shall have at least one member experienced as an assessor in the subsystem technology concerned. The evaluation procedure shall include an assessment visit to the applicant’s premises.
The decision shall be notified to the applicant. The notification shall contain the conclusions of the examination and the reasoned assessment decision.
5.5. The contracting entity, if involved, and the main contractor, shall undertake to fulfil the obligations arising out of the quality management system as approved and to uphold it so that it remains adequate and efficient.
They shall keep the Notified Body that has approved their quality management system informed of any significant change that will affect the fulfilment of the requirements by the subsystem.
The Notified Body shall evaluate any modifications proposed and decide whether the amended quality management system will still satisfy the requirements of point 5.2 or whether a re-assessment is required.
It shall notify its decision to the applicant. The notification shall contain the conclusions of the examination and the reasoned assessment decision.
Surveillance of the quality management system(s) under the responsibility of the Notified Body
6.1. The purpose of surveillance is to ensure that the contracting entity, if involved, and the main contractor, duly fulfils the obligations arising out of the approved quality management system(s).
6.2. The contracting entity, if involved, and the main contractor, shall send (or have sent to) the Notified Body referred to in point 5.1 all the documents needed for that purpose and in particular the implementation plans and technical records concerning the subsystem (as far as relevant for the specific contribution of the applicant to the subsystem), including the quality management system documentation, including the particular means implemented to ensure that:

— | for the contracting entity or the main contractor, responsible for the whole subsystem project,—overall responsibilities and powers of the management for the compliance of the whole entire subsystem are sufficiently and properly defined | — | overall responsibilities and powers of the management for the compliance of the whole entire subsystem are sufficiently and properly defined
— | overall responsibilities and powers of the management for the compliance of the whole entire subsystem are sufficiently and properly defined
— | for each applicant,—the quality management system is correctly managed for achieving integration at subsystem level | — | the quality management system is correctly managed for achieving integration at subsystem level
— | the quality management system is correctly managed for achieving integration at subsystem levelAdditionally:

— | quality records as foreseen by the design part of the quality management system, such as results of analyses, calculations, tests, etc.
— | quality records as foreseen by the manufacturing part (including assembly, installation and integration) of the quality management system, such as inspection reports and test data, calibration data, competency records of the personnel concerned, etc.6.3. The Notified Body shall periodically carry out audits to make sure that the contracting entity, if involved, and the main contractor, maintain and apply the quality management system and shall provide an audit report to them. When they operate a certified quality management system, the Notified Body shall take this into account in the surveillance.
The frequency of the audits shall be at least once a year, with at least one audit during the time period of performing the relevant activities (design, manufacture, assembly or installation) for the subsystem being the subject of the EC verification procedure mentioned in point 4.
6.4. Additionally the Notified Body may pay unexpected visits to the sites mentioned in point 5.2 of the applicant(s). At the time of such visits, the Notified Body may conduct complete or partial audits and may carry out, or cause to be carried out, tests in order to check the proper functioning of the quality management system where necessary. It shall provide the applicant(s) with an inspection report and audit and/or test reports as appropriate.
6.5. The Notified Body chosen by the contracting entity and responsible for the EC verification, if not carrying out the surveillance of all the quality management system(s) concerned as under point 5, shall co-ordinate the surveillance activities of any other notified bodies responsible for that task, in order to:

— | ensure that correct management of interfaces between the different quality management systems relating to subsystem integration has been performed
— | collect, in liaison with the contracting entity, the necessary elements for the assessment to guarantee the consistency and the overall supervision of the different quality management systemsThis co ordination includes the right of the Notified Body to:

— | receive all documentation (approval and surveillance), issued by the other Notified Body(s)
— | witness the surveillance audits as in point 5.4
— | initiate additional audits as in point 5.5 under its responsibility and together with the other Notified Body(s)7. The Notified Body referred to under point 5.1 shall be permitted entrance for inspection purposes, audit and surveillance to the locations of design, building sites, production workshops, locations of assembly and installation, storage areas and. where appropriate, prefabrication or testing facilities and, more generally, to all premises which it considers necessary for its task, in accordance with the applicant’s specific contribution to the subsystem project.
8. The contracting entity, if involved, and the main contractor, shall, for a period of 10 years after the last subsystem has been manufactured, keep at the disposal of the national authorities:

— | the documentation referenced in the second indent of the second subparagraph of point 5.1
— | the updating referenced in the second subparagraph of point 5.5
— | the decisions and reports from the Notified Body which are referenced in the points 5.4, 5.5 and 6.49. Where the subsystem meets the requirements of the TSI, the Notified Body shall then, based on the design examination and the approval and surveillance of the quality management system (s), draw up the certificate of conformity intended for the contracting entity, who shall in turn draw up the EC declaration of verification intended for the supervisory authority in the Member State within which the subsystem is located and/or operates.
The EC declaration of verification and the accompanying documents shall be dated and signed. The declaration shall be written in the same language of the technical file and shall contain at least the information included in Annex V of the Directive.
10. The Notified Body chosen by the contracting entity shall be responsible for compiling the technical file that has to accompany the EC declaration of verification. The technical file shall include at least the information indicated in Article 18(3) of the Directive and in particular as following:

— | all necessary documents relating to the characteristics of the subsystem
— | the list of interoperability constituents incorporated into the subsystem
— | copies of the EC declarations of conformity and, where appropriate, of the EC declarations of suitability for use, with which the constituents shall be provided in accordance with Article 13 of the Directive, accompanied, where appropriate, by the corresponding documents (certificates, quality management system approvals and surveillance documents) issued by the notified bodies
— | evidence of conformity with other regulations deriving from the treaty (including certificates)
— | all elements relating to the maintenance, the conditions and limits for use of the subsystem
— | all elements relating to the instructions concerning servicing, constant or routine monitoring, adjustment and maintenance
— | certificate of conformity of the Notified Body as mentioned under point 9, accompanied by corresponding verification and/or calculation notes and countersigned by itself, stating that the project complies with the Directive and the TSI, and mentioning, where appropriate, reservations recorded during performance of the activities and not withdrawn. The certificate should also be accompanied, if relevant, by the inspection and audit reports drawn up in connection with the verification, as mentioned in points 6.4 and 6.5
— | the infrastructure register, including all information as specified in the TSI11. Each Notified Body shall communicate to the other notified bodies the relevant information concerning the quality management system approvals and the EC design examination certificates, which it has issued, withdrawn or refused.
The other notified bodies may receive on request copies of:

— | the quality management system approvals and additional approvals issued
— | the EC design examination certificates and additions issued12. The records accompanying the certificate of conformity shall be lodged with the contracting entity.
The contracting entity shall keep a copy of the technical file throughout the service life of the subsystem and for a further period of three years; it shall be sent to any other Member State which so requests.
A.4. Assessment of Maintenance Arrangements: Conformity Assessment ProcedureThis is an open point.

(1) The definition of an European specification is indicated in the directives 96/48/EC and 01/16/EC. The guide for application of HS TSIs explains the way to use the European Specifications
(2) When necessary, the manufacturer’s discretion may be limited for specific constituents. In this case, the relevant verification process required for the interoperability constituent is specified in the TSI (or in its annexes)
(3) The definition of a European specification is indicated in the Directives 96/48/EC and 01/16/EC. The guide for application of HS TSIs explains the way to use the European Specifications
(4) The definition of an European specification is indicated in the directives 96/48/EC and 01/16/EC. The guide for application of HS TSIs explains the way to use the European Specifications
(5) The definition of an European specification is indicated in the directives 96/48/EC and 01/16/EC. The guide for application of HS TSIs explains the way to use the European Specifications
(6) The definition of a European specification is indicated in the directives 96/48/EC and 01/16/EC. The guide for application of HS TSIs explains the way to use the European Specifications
(7) The presentation of the results of the tests can be at the same time as the application or later.
(8) The essential requirements are reflected in the technical parameters, interfaces and performance requirements, which are set out in Chapter 4 of the TSI.
(9) In the module, ‘the contracting entity’ means ‘the subsystem contracting entity, as defined in the directive, or his authorised representative established within the Community’.
(10) The definition of a European specification is indicated in the directives 96/48/EC and 01/16/EC. The guide for application of HS TSIs explains the way to use the European Specifications
(11) The conditions to trust checking and tests must be similar to the conditions respected by a Notified Body to subcontract activities (see §6.5 of the Blue Guide on the New Approach).
(12) The Notified Body shall investigate the various parts of the subsystem work and establish before, during and on completion of the work:
— | the risk and safety implications of the subsystem and its various parts
— | the use of existing equipment and systems:—used identically as before—used before but adapted for use in the new work | — | used identically as before | — | used before but adapted for use in the new work
— | used identically as before
— | used before but adapted for use in the new work
— | the use of existing designs, technologies, materials and production techniques.
— | the arrangements for design, production, testing and commissioning
— | the operational and service duty
— | previous approvals from other competent bodies
— | the accreditations of other involved bodies:—it is permissible for the Notified Body to take account of valid accreditation to EN45004, provided that no conflict of interest exists, that accreditation covers the testing being performed and that accreditation is current—where no formal accreditation exists, the Notified Body shall confirm that the systems for control of competence, independence, testing and material handling processes, facilities and equipment and other processes relevant to the contribution to the subsystem are controlled—in all cases, the Notified Body shall consider the appropriateness of the arrangements and decide the level of witnessing required | — | it is permissible for the Notified Body to take account of valid accreditation to EN45004, provided that no conflict of interest exists, that accreditation covers the testing being performed and that accreditation is current | — | where no formal accreditation exists, the Notified Body shall confirm that the systems for control of competence, independence, testing and material handling processes, facilities and equipment and other processes relevant to the contribution to the subsystem are controlled | — | in all cases, the Notified Body shall consider the appropriateness of the arrangements and decide the level of witnessing required
— | it is permissible for the Notified Body to take account of valid accreditation to EN45004, provided that no conflict of interest exists, that accreditation covers the testing being performed and that accreditation is current
— | where no formal accreditation exists, the Notified Body shall confirm that the systems for control of competence, independence, testing and material handling processes, facilities and equipment and other processes relevant to the contribution to the subsystem are controlled
— | in all cases, the Notified Body shall consider the appropriateness of the arrangements and decide the level of witnessing requiredThe use of homogenous lots and systems consistent with module F
(13) The essential requirements are reflected in the technical parameters, interfaces and performance requirements, which are set out in Chapter 4 of the TSI.
(14) In the module, ‘the contracting entity’ means ‘the subsystem contracting entity, as defined in the directive, or his authorised representative established within the Community’.
(15) The definition of a European specification is indicated in the directives 96/48/EC and 01/16/EC. The guide for application of HS TSIs explains the way to use the European Specifications
(16) The presentation of the results of the tests can be at the same time as the application or later.
(17) In particular, for the rolling stock TSI, the Notified Body will participate in the final in service testing of rolling stock or train set. This will be indicated in the relevant chapter of the TSI

B.1.   Scope

ANNEX BConformity Assessment of Interoperability ConstituentsThis Annex indicates the assessment of conformity of interoperability constituent (overhead contact line) of the Energy subsystem.
B.2. CharacteristicsThe characteristics of the interoperability constituent to be assessed in the different phases of design are marked by an X in Table B.1. The production phase shall be assessed within the subsystem.
An overhead contact line can never be used outside of the Energy subsystem.
Table B.1.Assessment of the interoperability constituent: Overhead contact line
Characteristic | Clause | Design review Module B or H2 | Type Examination Modules B or H2 | Basis of assessment
Overall design | 5.4.1.1 | X | N/A |
Geometry | 5.4.1.2 | X | X |
Current capacity | 5.4.1.3 | X | N/A |
Contact wire material | 5.4.1.4 | X | X |
Current at standstill | 5.4.1.5 | X | X |
Wave propagation speed | 5.4.1.6 | X | N/A |
Mean contact force | 5.4.1.8 | X | N/A |
Dynamic behaviour and quality of current collection | 5.4.1.9 | X | X | Conformity Assessment as per clause 4.2.16.2.1 by validated simulation according to EN 50318 for design review, and measurements according to EN 50317 for type test
Vertical movement of the contact point | 5.4.1.10 | X | X | Validated simulation according to EN 50318 for design reviewMeasurements according to EN 50317 for type tests
Space for uplift | 5.4.1.11 | X | X | Validated simulation according to EN 50318 for Design reviewMeasurement according to EN 50317 for Type Tests with mean contact force according to clause 4.2.15
N/A: not applicable

C.1.   Scope

ANNEX CAssessment of the Energy SubsystemThis Annex indicates the assessment of conformity of the Energy subsystem.
C.2. Characteristics and ModulesThe characteristics of the subsystem to be assessed in the different phases of design, installation and operation are marked by X in Table C.1.
Table C.1.Assessment of the energy subsystem
| | Assessment Phase |
Characteristic | Clause | Design review | Construction, assembly, mounting | Assembled, before putting into service | Validation under full operating conditions | Basis of assessment
Voltage and frequency | 4.2.2 | X | N/A | N/A | N/A |
System performance and installed power | 4.2.3 | X | N/A | N/A | N/A |
Regenerative braking | 4.2.4 | X | N/A | N/A | N/A |
Continuity of power supply | 4.2.7 | X | N/A | X | N/A |
Overhead contact line Overall Design, Geometry | 4.2.9 | X | N/A | X | N/A |
Compliance of the overhead contact line system with infrastructure gauge | 4.2.10 | X | N/A | N/A | N/A |
Contact Wire Material | 4.2.11 | X(*1) | X | N/A | N/A |
Contact Wire Wave Propagation Speed | 4.2.12 | X(*1) | | | |
Static contact force | 4.2.14 | X(*1) | N/A | N/A | N/A | DC systems only
Mean contact force | 4.2.15 | X(*1) | N/A | X(*1) | N/A |
Quality of current collection with mean contact force | 4.2.16 | X(*1) | N/A | X | N/A | Verification as per clause 4.2.16.2.1 by validated simulation according to EN 50318 for design review.Verification of assembled overhead contact line as per clause 4.2.16.2.3 by measurements according to EN 50317
Vertical movement of the contact point | 4.2.17 | X(*1) | N/A | X | N/A | Validated simulations according to EN 50318Measurement according to EN 50317
Current capacity of overhead contact line | 4.2.18 | X(*1) | N/A | N/A | N/A |
Current at standstill | 4.2.20 | X(*1) | N/A | X(*1) | N/A | DC systems only
Phase separation sections | 4.2.21 | X | N/A | X | N/A |
System separation sections | 4.2.22 | X | N/A | X | N/A |
Electrical Protection Arrangements | 4.2.23 | X | N/A | X | N/A |
Harmonics and Dynamic Effects | 4.2.25 | X | N/A | X | N/A |
Power supply in case of danger | 4.4.1 | X | N/A | X | N/A |
Maintenance — Manufacturer’s responsibilities | 4.5.1 | X | N/A | N/A | N/A | The NoBo shall only confirm the existence of operation limits
Maintenance — Infrastructure Manager’s responsibilities | 4.5.2 | X | N/A | N/A | N/A | The NoBo shall only confirm the existence of a maintenance plan
Protection against electric shock | 4.7.1,4.7.2,4.7.3 | X | X | X | X | Validation required only where demonstration of conformity of the assembled subsystem is only possible under full operating conditions
N/A: not applicable
(*1) Only to be carried out if the overhead contact line has not been assessed as an interoperability constituent.

D.1.   Scope

ANNEX DInfrastructure Register, Information on the Energy SubsystemThis Annex covers the information concerning the Energy subsystem to be included in the Infrastructure Register for each homogeneous section of compliant lines which has to be established according to clause 4.8.
D.2. Characteristics to be DescribedTable D.1 contains those characteristics of the Energy subsystem interoperability for which data are to be given for each line section.
Table D.1Information to be given in the Infrastructure Register by the Contracting Entity
Parameter, interoperability element | Clause
Voltage and Frequency | 4.2.2
Maximum line speed | 4.2.3
Maximum train current | 4.2.3
Power/current limitation on board required: yes or no | 4.2.3
Locations where regenerative braking on DC lines is permissible | 4.2.4
Nominal contact wire height | 4.2.9
Wind speed for unlimited operation | 4.2.9
Mean contact force curve (AC C, C1, C2; DC1,5 kV, DC 3,0kV) | 4.2.16
Pantograph spacing (category III lines only) | 4.2.19
Maximum contact wire temperature at standstill, DC systems only | 4.2.20
Phase separation sections: type of separation section usedInformation on operation | 4.2.21
System separation sections: type of separation section usedInformation on operation: tripping of circuit breaker, lowering of pantographs | 4.2.22
Electric protection coordination Auto-reclose (yes/no) | 4.2.23
Limitations on the maximum permissible current | 4.4.3
Specific Cases Used | 7.4
Any other divergence from the TSI requirements |
ANNEX ERolling Stock Register, Information Required by the Energy Subsystem
Parameter, interoperability element | Information | HS RST TSI Clause
Electrical Protection Co-ordination Design | Breaking capacity of on-board circuit breaker (kA), trains operating on a 15 kV 16,7 Hz line | 4.2.8.3.6.6
Arrangement of Pantographs | Spacing | 4.2.8.3.6.2
Current limitation device fitted | Type/Rating | 4.2.8.3.2
Fitment of automatic power control devices | Type/Rating? | 4.2.8.3.6.7, 4.2.8.3.6.8
Regenerative brake fitted | Yes/No | 4.2.8.3.1.2
Energy related Specific Cases Used | | 7.3
Any other divergence from the TSI requirements | |
ANNEX FSpecific Case — Great Britain — Pantograph EnvelopeLegend:

— | envelope height ‘H’ = 6 240 mm Maximum
— | uplift
— | Euro pan
— | centre line of track at extreme position permitted by track toleranceW’
W’
400
Envelope Height ‘H’ = 6240 mm Maximum
Uplift
Euro Pan
230
W
4070
Centre Line of Track at extreme position permitted by Track Tolerances
The diagram shows the extreme envelope within which movements of the pantograph head shall remain. The envelope shall be placed on the extreme position of track centrelines permitted by track tolerances, which are not included.The envelope is not a Reference Profile.
At all speeds up to line speed; maximum cant; maximum wind speed at which unrestricted operation is possible, and extreme wind speed, defined in the register of infrastructure:

W = 800 + J mm, | when H ≤ 4 300 mm.and

W’ = 800 + J + (0,040 × (H – 4 300 )) mm, | when H > 4 300 mm.where:

H | = | Height to top of envelope above rail level (in mm). The dimension is the sum of the contact wire height and the provision for uplift.
J | = | 200 mm on straight track.
J | = | 230 mm on curved track.
J | = | 190 mm (minimum) where constrained by clearance to civil infrastructure that cannot be economically increased.Additional allowances shall be made including wear of contact wire, mechanical clearance, static or dynamic electrical clearance, including the use of pantographs with conducting horns.

ANNEXES G TO K ARE NOT USED

4.2.15.   Mean contact force

ANNEX LList of Open PointsValues for Fm, C1 and C2 curves for speeds above 320 km/h.
4.2.20. Current at Standstill (DC Systems)Permissible temperatures are an open point, this is expected to be solved by the next issue of EN50119 (under preparation by CENELEC)
4.2.24. Effects of DC operation on AC systemsThe maximum DC current for AC systems to withstand; this study is undertaken by CENELEC in the general frame of the mutual influence between AC systems and DC systems, when lines are parallel.