
Article 1 
Regulation (EU) No 1304/2014 is amended as follows:

((1)) Article 5 is amended as follows:

((a)) paragraph 1 is replaced by the following:
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1. With regard to specific cases listed in point 7.3.2 of the Annex, the conditions to be met for the verification of the essential requirements set out in Annex III to Directive (EU) 2016/797 shall be those laid down in point 7.3.2 of the Annex or by national rules in force in the Member State which is part of the area of use of the vehicles covered by this Regulation';
((b)) point (c) of paragraph 2 is replaced by the following:
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(c) the bodies designated to carry out the conformity assessment and verification procedures with respect to the national rules relating to the specific cases set out in point 7.3.2 of the Annex
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((2)) Article 7 is amended as follows:

((a)) in paragraph 4, the reference to ‘Article 6 of Directive 2008/57/EC’ is replaced by a reference to ‘Article 5 of Directive (EU) 2016/797’;
((b)) in paragraph 5, the reference to ‘Directive 2008/57/EC’ is replaced by a reference to ‘Directive (EU) 2016/797’;
((3)) The following Articles 5a, 5b, 5c, 5d, 5e are inserted:
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Article 5a 
From 8 December 2024, wagons within the scope of Regulation (EU) No 321/2013 which are not covered by point 7.2.2.2 of the Annex to this Regulation shall not be operated on the quieter routes.
Article 5b 
A ‘quieter route’ means a part of the railway infrastructure with a minimum length of 20 km on which the average number of daily operated freight trains during the night-time as defined in national legislation transposing Directive 2002/49/EC of the European Parliament and of the Council was higher than 12. The freight traffic in the years 2015, 2016 and 2017 shall be the basis for the calculation of that average number. In case the freight traffic due to exceptional circumstances diverges in a given year from that average number by more than 25 %, the Member State concerned can calculate the average number on the basis of the remaining two years.
Article 5c 

1. Member States shall designate quieter routes in accordance with Article 5b and the procedure set out in Appendix D.1 of the Annex. They shall provide the European Union Agency for Railways (‘the Agency’) with a list of quieter routes six months after the date of publication of this Regulation at the latest. The Agency shall publish those lists on its website.
2. Member States shall update the list of quieter routes at least every five years after 8 December 2024, following the procedure set out in Appendix D.2 of the Annex.
Article 5d 
By 31 December 2028, the Commission shall evaluate the implementation of the quieter routes, in particular regarding the progress of retrofitting of wagons and the impact of the introduction of quieter routes on the overall noise exposure of the population and competitiveness of the rail freight sector.
Article 5e 
By 30 June 2020, the Commission shall issue a report regarding operations with wagons equipped with composite brake blocks in Nordic winter conditions, based on evidence gathered by the Agency, national safety authorities and rail companies. In particular, this report shall contain an assessment of the safety and braking performance of such wagons and existing or potential operational and technical measures applicable in Nordic winter conditions. The report shall be made public.
If the report provides evidence that the use of such wagons in Nordic winter conditions poses safety issues that cannot be addressed by operational and technical measures without severe adverse impact on rail freight operations, the Commission shall propose amendments to this TSI to address those issues while preserving cross border freight traffic to and from affected Nordic regions. In particular, the proposal may if necessary include an exemption permitting the continued operation on quieter routes throughout the Union of a limited number of wagons used frequently in such cross border freight traffic, and any operational restrictions appropriate to limit the impact of the use of such wagons on quieter routes, which are compatible with the purpose of preserving the above-mentioned cross-border freight traffic.
If the revision set out in the paragraph above takes place, the Commission shall report annually thereafter on the progress on technical and operational solutions for the operation of freight wagons in winter conditions. It shall provide an estimation of the number of wagons equipped with cast iron brake blocks necessary to ensure continued cross border traffic to and from such Nordic regions, with a view to ending the exemption in 2028 at the latest.'
((4)) The Annex to Regulation (EU) No 1304/2014 is amended in accordance with the Annex to this Implementing Regulation.
Article 2 

1. Notifications of conformity assessment bodies for the purposes of Regulation (EU) No 1304/2014 shall remain valid on the basis of that Regulation, as amended by the present Regulation.
2. Conformity assessment bodies notified in accordance with Directive 2008/57/EC may issue ‘EC’ certificate of verification in accordance with this Regulation as long as Directive 2008/57/EC applies in the Member State where they are established in accordance with Article 57(2) of Directive (EU) 2016/797 and until 15 June 2020 at the latest.
Article 3 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 16 May 2019.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX

The Annex to Regulation (EU) No 1304/2014 is amended as follows:

1.. In Chapter 1 the text ‘Directive 2008/57/EC’ is replaced by the text ‘Directive (EU) 2016/797’;
2.. In chapter 1 section 1.1 is replaced by the following:
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1.1  1.1.1 
This TSI applies to all rolling stock within the scope of Regulation (EU) No 1302/2014 (LOC&PAS TSI) and Regulation (EU) No 321/2013 (WAG TSI);
 1.1.2. 
Alongside with Commission Decision 2012/757/EU (OPE TSI), this TSI applies to the operation of freight wagons which are used on railway infrastructure designated as ‘quieter routes’.
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3.. Chapter 2 is replaced by the following:
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2. 
A ‘unit’ means the rolling stock which is subject to the application of this TSI, and therefore subject to the ‘EC’ verification procedure. Chapter 2 in the annex to Regulation (EU) No 1302/2014 and chapter 2 in the annex to Regulation (EU) No 321/2013 describe what a unit can consist of.

The requirements of this TSI apply to the following categories of rolling stock set out in section 2 in Annex I of Directive (EU) 2016/797:


((a)) Locomotives and passenger rolling stock including thermal or electric traction units, self-propelling thermal or electric passenger trains, and passenger coaches. This category is further defined in chapter 2 in the annex to Regulation (EU) No 1302/2014 and shall be referred to in this TSI as locomotives, electric multiple units (EMU), diesel multiple units (DMU) and coaches;
((b)) Freight wagons, including low-deck vehicles designed for the entire network and vehicles designed to carry lorries. This category is further defined in chapter 2 in the annex to Regulation (EU) No 321/2013 and shall be referred to in this TSI as wagons;
((c)) Special vehicles, such as on-track machines. This category is further defined in chapter 2 in the annex to Regulation (EU) No 1302/2014 and consists of on-track machines (referred to in this TSI as OTMs) and infrastructure inspection vehicles, which belong to the categories in points (a) or (b) depending on their design.
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4.. Chapter 3 is replaced by the following:
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3. 
All basic parameters set out in this TSI shall be linked to at least one of the essential requirements as set out in Annex III of Directive (EU) 2016/797. Table 1 indicates the allocation.


Point Basic parameter Essential requirements
Safety Reliability and availability Health Environmental protection Technical compatibility Accessibility
4.2.1 Limits for stationary noise    1.4.4  
4.2.2 Limits for starting noise    1.4.4  
4.2.3 Limits for pass-by noise    1.4.4  
4.2.4 Limits for driver's cab interior noise    1.4.4  
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5.. Chapter 4 is amended as follows:

((a)) in section 4.2 the reference to ‘Articles 5(5) and 2(l) of Directive 2008/57/EC’ is replaced by the reference to ‘Articles 4(5) and 2(13) of Directive (EU) 2016/797’;
((b)) section 4.3 is replaced by the following:
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4.3 
This TSI has the following interfaces with the rolling stock subsystem:


 Interface with subsystems of points (a), (b), (c) and (e) of chapter 2 (dealt with in Regulation (EU) No 1302/2014) with regard to:
— stationary noise,
— starting noise (not applicable to coaches),
— pass-by noise,
— interior noise within the driver's cab, where applicable.
 Interface with subsystems of point (d) of chapter 2 (dealt with in Regulation (EU) No 321/2013) with regard to:
— pass-by noise,
— stationary noise.
 This TSI has the following interface with the operation and traffic management subsystem (dealt with in Decision 2012/757/EU) with regard to:
— pass-by noise.
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((c)) section 4.4 is replaced by the following:
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4.4 
Requirements concerning the operating rules for the subsystem rolling stock are set out in section 4.4 of the Annex of Regulation (EU) No 1302/2014 and in section 4.4 of the Annex of Regulation (EU) No 321/2013.
 4.4.1 
The contingency arrangements as defined in point 4.2.3.6.3 of the Annex of Decision 2012/757/EU include the operation of wagons not compliant with point 7.2.2.2 on quieter routes.

This measure can be applied to address capacity restrictions or operational constraints caused by rolling stock failures, extreme weather conditions, accidents or incidents and infrastructure failures.
 4.4.2 
The operation of wagons not compliant with point 7.2.2.2 on quieter routes shall be possible in case of wagons maintenance activities where only a quieter route is available in order to access the maintenance workshop.

Contingency arrangements set out in point 4.4.1 are applicable in case of infrastructure works where a quieter route is the only suitable alternative.
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((d)) section 4.5 is replaced by the following:
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4.5 
Requirements concerning the maintenance rules for the subsystem rolling stock are set out in section 4.5 of the Annex of Regulation (EU) No 1302/2014 and in section 4.5 of the Annex of Regulation (EU) No 321/2013.
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6.. In chapter 6 ‘Conformity assessment and EC verification’, in point 6.2.2.3.2.1 ‘EMU, DMUs, locomotives and coaches’ and in point 6.2.2.3.2.2 ‘Wagons’, the text ‘Vtest’ is replaced by ‘vtest’ (four replacements).
7.. Chapter 7 is amended as follows:

((a)) section 7.2 is replaced by the following:
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7.2 
The principles to be applied by the applicants and authorising entities in case of change(s) to an existing rolling stock or rolling stock type are defined in point 7.1.2 of the Annex to Regulation (EU) No 1302/2014 and section 7.2 of the Annex to Regulation (EU) No 321/2013.
 7.2.1 
The applicant shall ensure that the noise levels of rolling stock subject to change(s) remain below the limits set out in the TSI, which was applicable when the rolling stock in question was first authorised. If no TSI existed at the time of the first authorisation, the applicant shall ensure that the noise levels of the rolling stock subject to change(s) are either not increased or remain below the limits set out in Decision 2006/66/EC or Decision 2002/735/EC.

If an assessment is required, it shall be limited to the basic parameters affected by the change(s).

If the simplified evaluation is applied, the original unit may represent the reference unit in accordance with the provisions of point 6.2.3.

The replacement of a whole unit or (a) vehicle(s) within a unit (e.g. a replacement after a severe damage) does not require a conformity assessment against this TSI, as long as the unit or the vehicle(s) are identical to the ones they replace.
 7.2.2 
The restriction of the operation set out in Article 5a of this Regulation shall not apply to wagons mostly operated on lines with a gradient of more than 40 ‰, wagons with a maximum operating speed higher than 120 km/h, wagons with a maximum axle load higher than 22,5 t, wagons exclusively operated for infrastructure works and wagons used in rescue trains.

If a wagon is being equipped with quieter brake blocks as defined in point 7.2.2.1 and no noise sources are added to the wagon, then it shall be assumed that the requirements of point 4.2.3 are met without further testing.
 7.2.2.1 
A quieter brake block is a brake block belonging to one of the following categories:


— Brake block listed in Appendix G of Regulation (EU) No 321/2013;
— Brake block assessed in accordance with the procedure set out in Appendix F of this TSI.
 7.2.2.2 
Wagons belonging to one of the categories below can be operated on the quieter routes within their area of use:


— Wagons holding an EC declaration of verification against Commission Decision 2006/66/EC concerning the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ of the trans-European conventional rail system;
— Wagons holding an EC declaration of verification against Commission Decision 2011/229/EU concerning the technical specifications of interoperability relating to the subsystem ‘rolling stock – noise’ of the trans-European conventional rail system;
— Wagons holding an EC declaration of verification against this TSI;
— Wagons fitted with quieter brake blocks as defined in point 7.2.2.1 or brake discs for the service brake function;
— Wagons fitted with composite brake blocks listed in Appendix E for the service brake function. The operation of these wagons on the quieter routes shall be limited in accordance with the conditions described in this appendix.
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((b)) point 7.3.2.1 is replaced by the following:
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7.3.2.1. 

((a)) Specific case Estonia, Finland, Latvia, Lithuania, Poland and Slovakia
(‘P’) For units, which are in shared use with third countries, the track gauge of which is different from that of the main rail network within the Union, the application of national technical rules instead of the requirements in this TSI shall be permitted.
((b)) Specific case Finland
(‘T’) Decision 2011/229/EU may continue to apply for freight wagons to be used only on the territory of Finland and until the relevant technical solution in relation to severe winter conditions is found, but in any case not later than until 31 December 2032. This shall not prevent freight wagons from other Member States to operate on the Finnish network.
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((c)) in point 7.3.2.2(a), the second subparagraph is deleted;
((d)) point 7.3.2.4 is replaced by the following:
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7.3.2.4. 

((a)) Specific case Channel Tunnel
(‘P’) For the Channel Tunnel, the limits for pass-by noise shall not apply to wagons dedicated to the transport of heavy goods vehicles between Coquelles (France) and Folkestone (United Kingdom).
((b)) Specific case Sweden
(‘T’) For locomotives with total tractive power of more than 6 000 kW and a maximum axle load of more than 25 t the limit values for pass-by noise LpAeq,Tp (80 km/h) in Table 4 may be raised up to 85 dB.
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((e)) the following section 7.4 is added:
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7.4  7.4.1. 

((a)) Particular implementation rules for the application of this TSI to existing wagons in the Channel Tunnel
(‘P’) For the calculation of the annual average daily operated freight trains during night-time the freight trains composed of wagons dedicated to the transport of heavy goods vehicles confined in the Coquelles (France) - Folkestone (United Kingdom) line shall not be taken into account.
((b)) Particular implementation rules for the application of this TSI to existing wagons in Finland and Sweden
(‘T’) The concept of quieter routes shall not apply on the Finnish and Swedish networks due to uncertainties related to the operation in severe winter conditions with composite brake blocks until 31 December 2032. This shall not prevent freight wagons from other Member States to operate on the Finnish and Swedish network.
 7.4.2. 

((a)) Particular implementation rules for wagons operated on quieter routes of Belgium
(‘T’) On top of the wagons listed in point 7.2.2.2, the following existing wagons can be operated on quieter routes in the territory of Belgium:

— Wagons with tyred wheels until 31 December 2026
— Wagons which require the fitting of a kink valve in order to replace the cast iron block with composite brake blocks until 31 December 2026
— Wagons fitted with cast iron blocks which require the replacement of wheels with wheels compliant with the requirements set out in EN 13979-1:2003+A2:2011 in order to be retrofitted with composite brake blocks until 31 December 2026
((b)) Particular implementation rules for wagons operated on quieter routes of Channel Tunnel
(‘P’) On top of the wagons listed in point 7.2.2.2, the following existing wagons can be operated on quieter routes in the Channel Tunnel concession:
Wagons dedicated to the transport of heavy goods vehicles between Coquelles (France) and Folkestone (United Kingdom)
((c)) Particular implementation rules for wagons operated on quieter routes of Czechia
(‘T’) On top of the wagons listed in point 7.2.2.2, the following existing wagons can be operated on quieter routes in the territory of Czechia:

— Wagons with tyred wheels, until 31 December 2026
— Wagons with 59V type bearings until 31 December 2034
— Wagons which require the fitting of a kink valve in order to replace the cast iron block with composite brake blocks, until 31 December 2034
— Wagons with 1Bg or 1Bgu brake configuration fitted with cast iron brake blocks until 31 December 2036
— Wagons fitted with cast iron blocks which require the replacement of wheels with wheels compliant with the requirements set out in EN 13979-1:2003+A2:2011 in order to be retrofitted with composite brake blocks until 31 December 2029
Furthermore, it shall not be mandatory to use composite brake blocks on quieter routes for existing wagons not covered by the five dashes above and for which there exists no one-to-one-solution for replacement of cast iron brake blocks until 31 December 2030.
((d)) Particular implementation rules for wagons operated on quieter routes of France
(‘T’) On top of the wagons listed in point 7.2.2.2, the following existing wagons can be operated on quieter routes in the territory of France:

— Wagons with 1Bg or 1Bgu brake configuration fitted with cast iron brake blocks until 31 December 2030
— Wagons fitted with small wheels (diameter under 920 mm) until 31 December 2030
((e)) Particular implementation rules for wagons operated on quieter routes of Italy
(‘T’) On top of the wagons listed in point 7.2.2.2, the following existing wagons can be operated on quieter routes in the territory of Italy:

— Wagons with tyred wheels until 31 December 2026
— Wagons which require the fitting of a kink valve in order to replace the cast iron block with composite brake blocks until 31 December 2026
— Wagons fitted with cast iron blocks which require the replacement of wheels with wheels compliant with the requirements set out in EN 13979-1:2003+A2:2011 in order to be retrofitted with composite brake blocks until 31 December 2026
Furthermore, it shall not be mandatory to use composite brake blocks on quieter routes for existing wagons not covered by the three dashes above and for which there exists no one-to-one-solution for replacement of cast iron brake blocks until 31 December 2030.
((f)) Particular implementation rules for wagons operated on quieter routes of Poland
(‘T’) On top of the wagons listed in point 7.2.2.2, the following existing wagons can be operated on quieter routes in the territory of Poland until 31 December 2036:

— Wagons with tyred wheels
— Wagons with 1Bg or 1Bgu brake configuration fitted with cast iron blocks
— Wagons designed for ‘S’ traffic equipped with ‘SS’ brake fitted with cast iron blocks
— Wagons fitted with cast iron blocks and designed for ‘SS’ traffic for which retrofitting with LL brake blocks would require fitting with wheels complying with EN 13979-1:2003+A2:2011 and a kink valve
((g)) Particular implementation rules for wagons operated on quieter routes of Slovakia
(‘T’) On top of the wagons listed in point 7.2.2.2, the following existing wagons can be operated on quieter routes in the territory of Slovakia:

— Wagons with tyred wheels until 31 December 2026
— Wagons with bogies of type 26-2.8 fitted with cast iron blocks P10 until 31 December 2036
— Wagons, which require the fitting of a kink valve in order to replace the cast iron block with composite brake blocks until 31 December 2036.
(‘P’) Wagons with bogies 2TS intended for circulation between Slovakia and third countries by means of exchange of bogies in the border station
((h)) Particular implementation rules for wagons operated on quieter routes of UK for Great Britain
(‘P’) For units intended to operate solely on the GB Network, where existing wagons are equipped with composite brake blocks published in GMGN 2688 it shall be permitted to operate on quieter routes
(‘T’) The following types of existing wagons equipped with cast iron brake blocks intended to operate on the GB Network shall be permitted to operate on quieter routes:

— Wagons equipped with a non-UIC braking system for which there are no compatible silent brake blocks available for retrofitting until 31 December 2030.
— Wagons with a designed braking distance of 810m or less from 60 mph in brake mode G (goods timing)/75 mph in brake mode P (passenger timing), where those wagons are operated in trains with other wagons which have stopping distances in accordance with the relevant UK(GB) national technical rules, until 31 December 2030
— Wagons used exclusively for the transport of nuclear products until 31 December 2050.
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8.. In Appendix A ‘Open points’, the text ‘This TSI does not contain any open points’, is replaced by the following table:
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Element of the rolling stock subsystem Clause of this TSI Technical aspect not covered by this TSI Comments
Quieter brake block 7.2.2.1 and Appendix F Assessment of the acoustic properties of the brake blocks Alternative technical solutions available (see point 7.2.2)'
9.. The following Appendices D, E and F are added:
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Appendix D  D.1 
In accordance with Article 5c(1) of this Regulation the Member States shall provide the European Union Agency for Railways (‘the Agency’) with a list of quieter routes in a format allowing further processing by the users with IT-tools. The list shall contain at least the following information:


— Start and end points of the quieter routes and their corresponding sections, using geographical code location as defined in the register set out in Commission Implementing Decision 2014/880/EU (RINF). If one of these points is at the border of the Member State, it shall be reflected.
— Identification of the sections making up the quieter route

The list shall be provided using the template below:


Quieter route Sections in the route Unique section ID Quieter route starts/finishes at the border of the Member State
Point A — Point E Point A — Point B 201 YesPOINT E (Country Y)
Point B — Point C 202
Point C — Point D 203
Point D — Point E 204
Point F — Point I Point F — Point G 501 No
Point G — Point H 502
Point H — Point I 503

In addition, the Member States may provide maps illustrating the quieter routes on a voluntary basis. All lists and maps shall be published on the Agency website (http://www.era.europa.eu) no later than 9 months after 27.5.2019.

By the same date the Agency shall inform the Commission of the lists and maps of quieter routes. The Commission shall inform the Member States accordingly through the committee referred to in Article 51 of Directive (EU) 2016/797.
 D.2 
The freight traffic data used for the update of quieter routes in accordance with Article 5c(2) of this Regulation shall refer to the last three years preceding the update for which the data is available. In case the freight traffic due to exceptional circumstances diverges in a given year from that average number by more than 25 %, the Member State concerned can calculate the average number on the basis of the remaining two years. Member States shall provide the Agency with the updated quieter routes.

The routes designated as quieter routes shall remain as such following the update unless during the period concerned the volume of traffic has decreased by more than 50 % and the average number of daily operated freight trains during the night-time is lower than 12.

In case of new and upgraded lines, the expected volume of traffic shall be used for the designation of those lines as quieter routes.

The Agency shall publish the updated quieter routes on its website (http://www.era.europa.eu) no later than 3 months after their reception and they shall apply from the next December timetable change following one year after their publication.

The Agency shall inform the Commission of any changes to the quieter routes. The Commission shall inform the Member States of these changes through the committee referred to in Article 51 of Directive (EU) 2016/797.

Appendix E  E.1 
Existing wagons equipped with the brake blocks listed below are allowed to be used on the quieter routes within their area of use, until the relevant date set out in Appendix N of UIC 541-4.


Manufacturer/name of product Designation/type of block Type of friction coefficient
Valeo/HersotWabco/Cobra 693W554 K
Ferodo I/B 436 K
Abex 229 K(Fe — sintered)
Jurid 738 K(Fe — sintered)

Wagons equipped with historic composite brake blocks not listed in the table above but already authorised for international traffic in conformity with the provisions of Decision 2004/446/EC or Decision 2006/861/EC can still be used without any deadline within the area of use covered by their authorisation.
 E.2 
Existing wagons equipped with the brake blocks listed below are only allowed to be used on the railway networks, including quieter routes, of the corresponding Member States within their area of use.


Manufacturer/name of the product Designation/type of block Member State Remarks
Cobra/Wabco V133 Italy 
Cofren S153 Sweden 
Cofren 128 Sweden 
Cofren 229 Italy 
ICER 904 Spain, Portugal 
ICER 905 Spain, Portugal 
Jurid 838 Spain, Portugal 

Appendix F 
The purpose of this procedure is to demonstrate the acoustic performance of a composite brake block at interoperability constituent level.

This procedure shall be an open point in accordance with Article 4(6) of Directive (EU) 2016/797.
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