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Request exemption from full and partial application of the Technical Specification for Interoperability (TSI)

Service Description

If you are developing or building a rail vehicle that is to operate in Germany, you need a vehicle type approval or an authorization for placing on the market. Your approval may not be possible or may be hindered due to the application of the current TSI.

If this applies to you, you can apply to the Federal Railway Authority (EBA) for an exemption from the partial or full application of the TSI in 4 cases.

These are the following cases:

  1. The project is at an advanced stage of development at the time a new TSI comes into force or is the subject of a contract currently being implemented.
  2. The economic viability of the project or the coherence of the rail system in the Federal Republic of Germany is affected by the application of a new TSI.
  3. These are vehicles that are also intended to operate in third countries with a track gauge other than the standard gauge.
  4. Following an accident, including a terrorist attack or a natural disaster, the network must be restored quickly.

Process flow

You can apply for an exemption from the full or partial application of the TSI online or by post.

Apply online for an exemption from the full or partial application of the TSI:

  • Download the form "Application for exemption from TSI.docx" from the EBA website and complete it in full.
  • Go to the EBA e-Service portal.
  • Log in with your user data.
    • If you do not yet have a user account for the e-Service portal, you must register once.
  • The application wizard will guide you step by step through the required information. Complete the application form in full.
  • Upload the completed form "Application for exemption from TSI.docx" to the e-Service portal and submit the application. The system will confirm receipt.
  • You will receive a written confirmation of receipt once the application for exemption has been received, in which you will be informed who the responsible case officer is.
  • If, as part of the assessment of the content of the exemption application, it is determined that the information in the application or the evidence submitted is not comprehensible, you will receive written feedback from the EBA asking you to revise the application or the evidence and upload it again to the e-Service portal.
  • In the case of numbers 2 and 3, the European Commission will make its decision within 4 months of submission of the application.
  • After the assessment and, if applicable, the Commission's decision, you will receive a notification informing you whether the exemption has been approved or rejected
  • You will also receive a notification of fees/expenses at the end of the administrative procedure, as you will have to pay fees for the processing of the notification and you will also have to pay any expenses.

Request an exemption from the full or partial application of the TSI by post:

  • Download the form "Application for exemption from TSI.docx" from the EBA website and complete it in full.
  • Send the signed and fully completed application with the required supporting documents to the EBA by post.
  • You will receive a written confirmation of receipt upon receipt of the application for exemption, in which you will be informed who the responsible officer is.
  • If the assessment of the content of the application for exemption reveals that the information in the application or the evidence submitted is not comprehensible, you will receive written feedback from the EBA asking you to revise the application or the evidence and send it to the EBA again by post.
  • In the case of number 2 or number 3, the European Commission will make its decision within 4 months of submission of the application.
  • After the assessment and, if applicable, the Commission's decision, you will receive a notification informing you whether the exemption has been granted or rejected.
  • You will also receive a notification of fees/expenses once the administrative procedure has been completed, as you will have to pay fees for the processing of the notification and you will also have to pay any expenses.

Requirements

  • One of the 4 cases listed applies to you.

Which documents are required?

  • Form "Request for exemption from TSI"
  • economic or technical analysis, or both, to ensure that the non-application is justified and limited to what is necessary in the specific circumstances

For case number 1

  • Evidence that the design or construction of a project at an advanced stage of development is such that its viability in the form envisaged could be affected by a change in the technical specifications. The definition of "project at an advanced stage of development" follows an EU directive.

For case number 2

  • Proof that the full or partial application of one or more TSIs will affect the economic viability of the project. This proof includes a thorough economic analysis, in which the unavoidable costs of fulfilling the TSI are determined. You must demonstrate that these costs would make the project unviable. The analysis shall take into account operating revenue where non-application allows earlier entry into service and the long-term economic viability of the project in the context of the national and European rail system, and/or
  • Evidence of the technical details that mean that the full or partial application of one or more TSIs has a negative impact on the technical compatibility of the project with the national rail system.

What are the fees?

The costs depend on the processing time. The hourly rate is EUR 120.00. The rate is EUR 30.00 for every quarter of an hour or part thereof.

What deadlines do I have to pay attention to?

Constructive Approval: 4 Months
The period of 4 months only applies to cases 2 and 3. The reason for this is that in these cases the decision on the requested exemption is made by the European Commission. The period begins with the receipt of the complete application documents by the Commission.

Processing duration

Processing Time: 4 - 8 Months
The processing time depends on whether the information in the application or the evidence to be submitted is complete and comprehensible. If this is not the case, you will be asked to revise the application or the evidence submitted and send it to the EBA again. This will extend the processing time.

Legal basis

Applications / forms

  • Objection
    Detailed information on how to lodge an objection can be found in the notification.

Further Information

Author

Technically approved by

Federal Ministry for Digital and Transport Affairs (BMDV)

Translation reference

The text was automatically translated based on the German content.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

Start your request directly online:

Competent Authority

Eisenbahn-Bundesamt – Referat 31

Postal address
Post office box 200565
53135 Bonn, Stadt

Address
Heinemannstraße 6
53175 Bonn, Stadt
Telephone
+49 228 98260
Fax
+49 228 98269199
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WWW
https://www.eba.bund.de
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