Placing into service of fixed installations for upgrading or renewal of an existing system

Fixed installations shall only be permitted to be operated after their entry into service if they are designed, constructed and installed in accordance with the essential requirements specified in Annex 1 of Regulation 374.

Fixed installations shall include:

• infrastructure subsystems;
• energy sub-systems;
• control-command and signalling track subsystems.

A new permit for the operation of fixed installations shall be obtained after:

• modernisation of an existing system;
• the renewal or modification of an existing system to ensure that the requirements of the technical specifications for interoperability (TSIs) are met for parts of the subsystem.

No new operation authorisation is required if the subsystem already complies with the essential requirements, including TSIs requirements, and as a result of the planned changes the performance parameters of the subsystem are not changed. In this case, they are maintenance-related recovery work for stationary installations and components of the subsystem. This applies also in cases where a construction permit has been requested for the performance of these works in accordance with the procedures specified in the Railway Construction Regulations.

Prior to the planned renewal or modernisation of an existing fixed installation, the initiator shall submit to the Inspectorate a documentation supporting the planned amount of work. The Inspectorate shall assess whether the planned renewal or upgrading works do not affect the overall safety level of the subsystem concerned and comply with the criteria set out in Chapter 7 of the TSI when a new authorisation is required. If the documentation is not sufficient to carry out such an assessment, the Inspectorate shall request additional information, specifying a reasonable time limit for the submission thereof.

If a new authorisation for operation is required, the Inspectorate shall take a decision specifying:

• the scope for which a new authorisation is required;
• TSI or other requirements that are mandatory;
• the need to implement and develop an implementation plan.

For the granting of an authorisation for operation, the applicant shall draw up a plan for the implementation of the necessary processes and shall submit it to the Inspectorate together with the information specified in the Railway Construction Regulations regarding the fulfilment of the design conditions.

The implementation plan should include, as a minimum, all the activities necessary to obtain an authorisation in the course of the implementation of the project, in particular:

• the attachment and cooperation of the notified body;
• attracting and cooperating with the national claims assessment body, if necessary;
• attracting and cooperating with an independent assessment body;
• the involvement of the European Union Railway Agency with regard to the Control-Command and Signalling stationary field subsystems using the European Train Control System (ETCS) and (or) railway Global Mobile Communications System (GSMR) equipment;
• performance of the processes specified in the railway building regulations.

The Inspectorate shall approve a plan for the implementation of the procedures necessary for the granting of an authorisation for operation, by making a note specified in the Railway Construction Regulations regarding the fulfilment of the design conditions.

In order to put into service stationary installations, the applicant shall submit an application to the Inspectorate. The following documents shall be appended:

• declarations of verification made by the applicant “EC” pursuant to the Declarations Regulation;
• documents demonstrating the technical compatibility of subsystems with the railway system in which they are incorporated on the basis of the relevant technical specifications for interoperability (TSIs), national requirements and registers;
• documents demonstrating the safe integration of subsystems on the basis of the relevant TSIs, national requirements and common safety methods referred to in the Railway Act;
• for the Control-Command and Signalling stationary field subsystems using the European Train Control System (ETCS) and (or) Rail Global Mobile Communication System (GSMR) equipment, a positive decision by the European Union Railway Agency (ERA);
• if the regulatory enactments regarding railway construction regulations are also applied to a stationary installation, which certify compliance with the requirements of these regulatory enactments, if such information is not already at the disposal of the Inspectorate;
• information on procedures to ensure the use, maintenance and maintenance of subsystems in accordance with the essential requirements. This is information on the inclusion of the operational and maintenance requirements of a fixed installation in the safety management system of the infrastructure manager.